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vicki · 06-09-2003, 06:13 AM

I think anyone buying content hates when crap like this happens. It makes us wonder what happens behind the scenes that we DON'T know about that could cause probs down the road.

Given that, this is my take on it:

#1 Joe himself admitted he knew Sobe would be reselling - that alone erases any question of not having resellers rights and license.

#2 The only dispute here is the AMOUNT it could be resold for and that burden of proof would fall to the original seller.

#3 Joe stated he didn't get the resell cap amount in writing.

Unless there is PROOF of a verbal agreement (of the $40 cap) in one of the threads that I may have missed (ie Sobe stating he'd agreed to the price cap).... Good, bad or ugly those seem to be the facts.
I think its obvious the courts would side with Sobe. Sometimes not having all the T's crossed can lead to expensive lessons.

Note: as for the agreement between the two parties in that addendum of the 4th & 5th of June - Joe, it states in there that the agreement can NOT be broken unless BOTH parties agree to break it. Therefore unless you do not recieve the payments stated in the addendum, your contract still holds.

Now it comes down to will you get the monthly resale payments. If those payments are not made, you then have legal grounds for a lawsuit.

And both of you should note that your legal names are given, not just your company names.

06-09-2003, 06:13 AM
vicki Confirmed User Industry Role: Join Date: Feb 2002 Location: Deep in the heart o' Texas Posts: 1,478	I think anyone buying content hates when crap like this happens. It makes us wonder what happens behind the scenes that we DON'T know about that could cause probs down the road. Given that, this is my take on it: #1 Joe himself admitted he knew Sobe would be reselling - that alone erases any question of not having resellers rights and license. #2 The only dispute here is the AMOUNT it could be resold for and that burden of proof would fall to the original seller. #3 Joe stated he didn't get the resell cap amount in writing. Unless there is PROOF of a verbal agreement (of the $40 cap) in one of the threads that I may have missed (ie Sobe stating he'd agreed to the price cap).... Good, bad or ugly those seem to be the facts. I think its obvious the courts would side with Sobe. Sometimes not having all the T's crossed can lead to expensive lessons. Note: as for the agreement between the two parties in that addendum of the 4th & 5th of June - Joe, it states in there that the agreement can NOT be broken unless BOTH parties agree to break it. Therefore unless you do not recieve the payments stated in the addendum, your contract still holds. Now it comes down to will you get the monthly resale payments. If those payments are not made, you then have legal grounds for a lawsuit. And both of you should note that your legal names are given, not just your company names. __________________ If at first you do succeed - try to hide your astonishment. HR merchant accounts from 3.45% solid biz since 98 victoriakozub AT gmail.com skype: victoria.kozub \| ICQ: 74296746 Last edited by vicki; 06-09-2003 at 06:33 AM..