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US COPORATION VIOLATES COPYRIGHT LAWS
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Posted by Garie Sim on August 02, 1999 at 17:19:04:
Hi!, Enclosed the following informations, COPYRIGHT INFRINGEMENT BY VIRTUS CORPORATION This notice served as a warning to those who had dealings or
considering to have dealings and to all Consumers/User of the 3D
Website Builder and Concept Cad. The following contents contain
materials of Copyright violation by VIRTUS CORPORATION of 114 MACKENAN
DR, SUITE 100, CARY, NORTH CAROLINA 27511, USA. My name is Garie Sim, I earn my living working as an Artist and
Designer. I have been robbed off my rights by VIRTUS CORPORATION on
my Literary works.
In 1993, I invested in Virtus Softwares and had encounter problems
with the WalkThrough PRO. In order to resolve the problem, I contacted
Virtus Tech Support department. The Tech Support Department, Mr Scott,
told me to send my files and libraries in order to solve the problem.
Virtus Corporation not only solve my problem but also solved their
problem, by copying my works and publishing it into their 3D Website
Builder software sometime in 1996. The 3D Website Builder was
distributed/sold worldwide in Macintosh and Window version. It came to
my attention End 1996 and I called to complaint on their Infringement
of my works to the Tech Support and Richard Boyd (sale manager), he
told me over the phone that he will look into the matter. I wrote a
formal complaint over the use of my works in their 3D Website Builder
and suggested that they pay me royalties, for using my creative works
in the three movies and two 3D modelling files. They failed to reply
to my complaints. (Ref. To DOC.1&2)
On February 20th 1997, I received an email from Sherri Morningstar of
Virtus, introducing herself as a product marketing manager, based on
Walkthrough Technology producing ConceptCad, requesting that I be an
Advisory Council Member to review their software. I confirmed my
appointment as their Advisory Council member on April 1997 at their
request. In my appointment, an agreement setting out the terms and
the benefits was for a year (I received zero benefits for my
contributions). On reviewing, their Beta ConceptCad Softwares, I
discovered that there was further infringement and unauthorized usage
of my other works, I protested to Sherri Morningstar about the issue
and also told her that there was infringment on my works in the 3D
Website Builder.(REF. TO DOC.3)
I insisted that they put a stop in publishing my works on the MBF Bank
found in the Beta ConceptCad Software, as the matter of the 3D Website
Builder issue had not been resolved. There was no reply to my many
emails. I was very pissed with Virtus Corporation for their delayed
tactics which I later found out in 1999 was to my disadvantage under
their US copyright laws. I threaten Virtus with a Law Suits with
regards to the matter of copyright infringement dated October1998 and
following that I received an email from Richard Boyd. He requested
for evidence for the infringement, I email him the five files three
times, from PICT, JPG to BMP as requested, but he told me that he
can1t open the files. I was really annoyed with his response, as this
was the company who sell Macintosh and Window softwares, able to copy
my Movies and 3D Files but cannot open the evidence sent to him. I
finally direct Richard Boyd to go and get their 3D website Builder
software to open the files. The evidence was undeniable and I received
email from Virtus Controller, Jim Hayne, who indicated that he will
try to resolve the matter amicably. In their letter dated 18th
December 1998, to resolve the matter, Jim Hayne have declared in
writing that Virtus Corporation had spent US$4,000,000.00 on software
development and manufacturing and that total net revenues for 3D
Website Builder for the year 1996, 1997, 1998 ( three years running )
amounted to US$637,000.00 for worldwide sales. He further belittle my
works and claimed that my images that they had used only contributed
.5 % of the total images of over 1,000 images in the 3D Website
Builders softwares. He values the worth of my works contributed at
US$159.25 and indicated that Virtus Corporation was willing to pay me
US$1,000.00 ( December 1998) instead, to cover past royalties and I
will have to assign all right, title and interest in the images at
issue to Virtus and disclaim all right to future royalties therefrom.
Of course I did not accept their offer, I must be a very desperate man
if I did accept the offer of US$1,000.00. I am poor but I am a man
with principal and if my works was not good enough, it should not
even be circulating it worldwide. IF A BIG AND REPUTABLE COMPANY LIKE
VIRTUS CORPORATION CAN BREACH THE COPYRIGHT LAWS, THEY HAVE NO RIGHT
TO STOP OTHERS FROM DOING THE SAME. (Ref. To Doc.5)
They claim that my images only contributed to .5% but the .5% effort
was good enough to appear in two of their Introduction Movies Files
and my two 3D files was used in the Main Demo Folder of the 3D Website
Builder, to impress the 500,000 over thousand user of its
capabilities, but it was not good or deem fit to pay my initial fee of
US$17,000.00 back in 1996. I want all consumer and user to know that the Movies and Files were
not created by using 3D Website Builder. I created the Three APOLLO
movies and the Two 3D Files, MAN/MBF BANK using WALKTHROUGH PRO 2.5
Softwares. Virtus Corporation have Misled all Consumers Concern into
believing the works was created by Website Builders and Concept Cad as
in the Introductory CD Rom. Please also note that the infringment on
my files in the Beta CONCEPTCAD was also design by using Walkthrough
Pro.
On 25/07/99, I put Virtus Corporation on notice for further violation
of the copyright law on the use of MBF BANK library and files, in
their latest 3.0 and 4.0 versions of Concept Cad. This was the very
same file that I created, was infringed in the 3D website builder too.
In the Conceptcad software, the credit given with my name and file
were spelled wrongly. ( Ref. To DOC.4)
Virtus Corporation did not removed the infringe file for both
softwares even though I had protested to them earlier. I was told by
Richard Boyd that the files had been removed. Virtus Corporation lied
again and conveniently used it to introduce the capabilities of the
Conceptcad software and sold it worldwide. I am asking for royalties
from both softwares, the 3D Website Builder and the Conceptcad. The US lawyer that I engaged in January 1999 and the high legal fees
that I have to pay, have not acted in my interest. They have failed
to inform me earlier of my position and it took them 3 months to
notify me that I have not register my works in the US and therefore, I
am not entitled to recover statutory damages. Being an alien, how
could I have known that I have to register my works in the US within
the stipulated time and even if I did have time, Virtus Corporation,
Mr Richard Boyd, Mr Jim Hyne had abused such laws to their advantage
by playing games and evading the issue with me. I was further advised
that I could only recover the defendant's attributable to the
infringement, plus my actual damages and these amounts will be high
enough to justify spending approximately $180,000.00 in their legal
fees. I am questioning the Laws and the Makers of these Laws. Because
of these Copyright Law Of The United States section 412 and 504,
Virtus Corporation have taken advantage of the situation and abuse the
copyright law of the USA against an alien. On the contrary, I had checked with our Trade Policy Maker and
was informed that Singapore had an understanding with the United
States for reciprocal copyright protection since 1987 and was
superseded by TRIPS Agreement to protect Copyright of WTO Members
since 1995. In addition, an International Convention, The Berne
Convention for protection of Singaporean's Literary and Artistic
Works, it came into force on December 21st.1998 and works originated
in any member country must be granted the same level of copyright
protection by other member countries as that given to the works of
their own citizens. If this is true, why do I need to register my
works in the US? I am claiming and demanding for my rights on international ground.
Virtus Corporation have NO RIGHT to publish my creations without my
Consent/Approval. Virtus Corporation had NO RIGHT to tell others not
to copy the rights of their Softwares. Virtus Corporation have no
respect for Copyright of others and therefore have set a very bad
example for others to follows. With such unlawful act, the copyright
issues against piracy can never be resolved internationally if Virtus
Corporation is allowed to get away with my literary works.
The US Copy Right Law makers must realize that the Legal fee in the
USA and their copyright law could be abuse by their own against an
alien1s Literary and Artistic Works, who is not aware of such laws and
legal fees. Please take note that to fight Piracy round the world
would all be a waste if the Copy Cat is just right in their own
backyard protected by their own laws. My contribution in the Virtus 3D website and Concept cad in the Main
introductory Menu have help Virtus Corporation in their sales and
profits worldwide and I justify my claim at US$5 million for the
double infringement but they have failed to respond to my demand.
Virtus Corporation claimed that my present demand are several orders
of Magnitude above what is appropriate. What should have been
appropriate is that Virtus Corporation should respect one1s right and
should not have violated the Copyright Law in the first place. Virtus
Corporation did not abide and had abuse the Copyright Laws of US and
on infringement of one1s right they claim that I have no Claim under
the US Copyright law. Virtus Corporation did not refer to the
Copyright Laws of the USA when they copy / publish my works and
distributing worldwide without my consent/approval or knowledge, they
broke their own laws and they expect me, an alien to repect/follow
their laws in my claim of $5 million. Virtus Corporation have not been sincere in their settlement which
they claimed to want to settle amicably. By offering me US$1,000.00
for the 3D Website Infringement was an insult to me and If this was
the figure that I deserved for my contribution, then I presume their
solicitor1s fee should be at US$100.00, afterall you don1t profits
from solicitor1s fee. I have already spent US$5,000.00 in three month
in legal fee just to be told of the US Copyright Laws.Not only must
I be a very rich man to make my claim against a US Company, the end
result would not be able to justify for my legal cost followings such
Copyright laws in the USA. I am still determine in my fight against Copyright Infringement with
Virtus Corporation and I will fight them with International Aids
through the Internet. I do not want somebody else to face the same
situation as I did and I welcome your views and suggestion. I want
all Consumers to realise that the software by Virtus Corporation is
all a liar and is very misleading in the capabilities of the two
mentioned softwares. I would appreciate that the US Trade and Policy
makers stop the sales of the Conceptcad and 3D Website Builder, and
that the said softwares by Virtus Corporation be removed from sales
until this matter is resolved.
Thank you for your kind attention, please Email me if you have doubt
as these doubt can be easily verified by supporting documents and
files. Thank You, Yours Sincerely, Garie Sim
http://www.garieinternational.com
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