Need some urgent advice please! Legal point of view as well!

[adill420]

Hello,

here is the situation. Couple of days ago I bought a domain. I wish not to disclose it at this time. The site used to be in existence a while back. Anyhow, I contacted the previous company that ran it and agreed to purchase the database of members, designs etc for a hefty cost. However, prior to purchasing it, the previous owner and myself, both emailed the company that developed the script for the website asking for license transfer. According to their agreement, they just wish to be notified. I recieved an email congratulating me as a new owner. The agreement also stated free upgrades for lifetime. I have been emailing the script company and first I was told in a rude way to wait for 4-5 days. Those 4-5 days were last week. I have since emailed about 3 times with no response. I wish to not disclose the company at this time. What I want to know is this:

The company is a corporation in canada. I am USA.

1) Can I file a lawsuit? ( The reason for this is, I purchased the members, scripts etc with intention to upgrade.) Here is the snapshost of the email:

First of all I got your email that u sent over the weekend unfortunately (or
fortunately for me) I don't live in my office...

Secondly you didn't buy the software from us...
Thirdly we are busy as all hell..
Fourthly we have to sleep sometime...
Fifthly... You are running version 3 which is well over a year old...
I'm not sure you can be upgraded any more as your previous owner never made
use of the upgrades we sent him...
So, When I have some time, I will look into your situation...

2) Any advice is much appreciated. Thank you

 

[Mr Webname]

Say "I would greatly appreciate your assistance when you can as I'm stumped without the upgrade. Sorry if I seemed a bit pushy before and thanks for offering to help."

My take is that you need their help and the last thing you want to be doing at the moment is to alienate them.

 

[Steen]

Say "I would greatly appreciate your assistance when you can as I'm stumped without the upgrade. Sorry if I seemed a bit pushy before and thanks for offering to help."

My take is that you need their help and the last thing you want to be doing at the moment is to alienate them.

Agree.


I doubt a lawsuit is the best solution in this situation.

JM(non legal)O

 

[Jack Gordon]

You catch more flies with honey, or something like that...

What is the value of the script? If this is a priority and you are losing business opportunities, it may be worth considering repurchasing the script from them (or a competitor of theirs). In other words, money talks. Make yourself a higher priority to them.

 

[gariben]

if you don't want to name the domain name, what is the name of the script?

 

[jsonline]

Well I would agree that in this situation you should be nice and not look at a law suit, I think it is "You catch more flys with honey then you do with vinegar" but I may be wrong on the saying.

Based on their email you might want to pick your words wisely with them, you never know what will upset kids these days and they clearly seem to be teens.

 

[Anthony Ng]

I am really sorry that you need to rely your business on a script developed by such amateurs. If possible, find ANOTHER programmer to look into it to see if he can take over, modify and/or custom make another one for you. I for one would not deal with those silly people who don't even know what is business correspondence.