Path: utzoo!mnetor!uunet!seismo!sundc!pitstop!sun!decwrl!hplabs!hpda!hpcupt1!hpcuhb!hpindda!mintz
From: mintz@hpindda.HP.COM (Ken Mintz)
Newsgroups: comp.sys.ibm.pc
Subject: Re: Distribution of shareware for profit without permission
Message-ID: <4330073@hpindda.HP.COM>
Date: 30 Apr 88 14:07:49 GMT
References: <16428@cornell.UUCP>
Organization: HP Technical Networks, Cupertino, Calif.
Lines: 29

> I would be curious to hear how you go about forcing a company to pay
> royalties on programs.  We have a contract, I've talked to the president
> of Software Express on the phone, and he's told me that they owe me
> several hundred dollars in royalties, but now he doesn't return my
> calls, I've received no check, and my letters are being unanswered.

  The short answer is:  file a small claims action or contact a lawyer.
  Sometimes just a letter from an attorney puts the fear of God into people.

  But that's not a guarantee.  Even if you win your suit, that only results
  in the court ("mother") ordering the defendant to pay.  If they fail to
  comply, you have to petition the court for a lien -- which the court might
  deny.  But that would only result in a bench warrant.  Then you have to
  inveigle the sherrif's office to execute the warrant -- sometimes they're
  too busy catching criminals.  And the lien only freezes assets until the
  company finally does pay or a time period elapses, at which point you have
  to ask the sherrif's office (again) to auction the assets or get the bank
  to turn over the funds.

  Quite a hassle:  it's a "business decision" to determine whether or not
  it's worth the risk of spending all this time/money for no gain.  Really,
  you have to hope that a threatening letter from a lawyer will do the trick.

  Caveat:  don't let this situation drag on too long.  If the company is
  evasive and they have no overt dispute, you might suspect that the company
  is having financial difficulties.  (I know nothing about SW Express.)  If
  that's the case, there will be other creditors competing for payment.

Ken Mintz