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Re: US COPORATION VIOLATES COPYRIGHT LAWS


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Posted by M. Arthur Auslander on August 03, 1999 at 03:45:17:

In Reply to: US COPORATION VIOLATES COPYRIGHT LAWS 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
Even when the law is fair and correct, there may not be justice. Not all can afford good legal service. The best that I can suggest is in my service mark, Elaine's Workshop, Early Legal Advice Is Not Expensive.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028,





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