'Nick' Radios Being Recalled . . . BY MOTOROLA !

mr.syntrx · Post by **mr.syntrx** » Fri May 27, 2005 1:05 am

WK9F wrote:I may be wrong about this (lord knows I've been wrong before) but does this mean that Motorola has been knocked down a peg or two?

They've been knocked right on their asses.

Post by **alex** » Fri May 27, 2005 5:29 am

The info is in PACER.

However, I had trouble seeing what exacly what a decision was - I would obviously enjoy reading the whole text of what happened and drawing my own conclusions... the last note in PACER was:

235
Filed: 05/25/2005
Entered: 05/26/2005
Motion Hearing
Docket Text: MINUTES before Judge Audrey B. Collins: Plaintiff MOTIONS for Summary Judgment; Plaintiff MOTION for a Permanent Injuction [183]. The Court takes the matters under submission. The Pretrial Conference remain scheduled on June 14, 2005, at 10:00 AM. The court ORDERS Counsel to meet and confer if more experts will be brought forth. Court Reporter: Katherine Stride. (jp, )

A couple before that:

234
Docket Text: PROOF OF SERVICE filed by plaintiff Motorola Inc re Memorandum of Contentions of Fact and Law [231], EVIDENTIARY OBJECTIONS to the Declaration of Richard gibson in Opposition to MOTION for Summary Judgment by Motorola Inc on Copyright and Trademark Issues [226], Witness List [232], Exhibit List[233], EVIDENTIARY OBJECTIONS to the Declaration of Harold Pick in Opposition to Motorola MOTION for Summary Judgment with regard to counterclaims [227], EVIDENTIARY OBJECTIONS to the Declaration of Dale Ketchersid in Opposition to MOTION for Summary Judgment by Motorola Inc on copyright and trademark issues [228], EVIDENTIARY OBJECTIONS to the Declaration of Harold Pick in Opposition to MOTION for Summary Judgment by Motorola Inc on Copyright
and Trademark Issues [229], EVIDENTIARY OBJECTIONS to the Declaration of Jeff Angus in Opposition to MOTION for Summary Judgment by Motorola Inc on Copyright and Trademark

I'm not a lawyer, and don't pretend to play one on here - that's for sure. So, Someone who is can feel free to interprate the stuff above....

As of last night, that is what was listed in the system. I can try and get more info if people care to tell me how to do it, I have a friend with Pacer access. Honestly, the wind blows in every direction, every person has a different oppinion. While it's pretty obvious from above that the judge does exist (sorry PJ, don't mean to knock ya) I would like to read the ruling myself to see what it says.

-alex

stay-con · Post by **stay-con** » Fri May 27, 2005 9:04 am

Pj wrote:Either way, if you read my orginal post, it was in response in how it was presented to the board as it was posted...

I appologize for my response earlier. I suppose I was a bit testy about being called bogus.

As to what's going on:

Wednesday was the hearing for Motorola's request for summary judgement.
The judge ruled that it IS going to trial.

Trial will be in about 6 weeks at the Roybal bulding in downtown LA.

Jeff

willbartlett · Post by **willbartlett** » Fri May 27, 2005 11:25 am

stay-con wrote: Wednesday was the hearing for Motorola's request for summary judgement.

I'm guessing that's by far what "M" would have preferred happen.....

Will

ScannerDan · Post by **ScannerDan** » Fri May 27, 2005 12:10 pm

So who is Harold Pick and what did he do to piss off Motorola?

Dan..

Post by Pj » Fri May 27, 2005 1:27 pm

Nope, no offense or whatnot taken...

Just when it comes to stuff like this as Alex says, I'd rather read the desion in its entirety. Now that we know more, and that its going to trial, that will be the most important thing to follow.

(And yes, I was able to find the judge

)

I love that Avatar...looks almost like the Boarder Patrol signs on the 405 going north. I have a pic of that somewhere when people back east here didn't believe me. I get a kick out of it everytime I am coming back from San Diego to Oxnard/Camarillo.

Cowthief · Post by **Cowthief** » Fri May 27, 2005 2:22 pm

Hello.

I guess no one has done the required homework.
Herold Pick is the other party involved with the sale of used Motrola radios.
Herold Pick et.al, did NOT involve himself in any way with "Nick" radios.
The issue was one of making the use of the trademark "Motorola" and or the "Circle and M" device".
This was simply a case of selling rebuilt radios and equipment, no RSS was involved.
This is the second case Motorola has had trouble with.
Kind of like the Electrolux case.
My case had nothing to do with "Nick" radios per-se.
At issue was the release of information to "the public at large".
What both Motorola, and to less of a degree, the US DoJ, had as the object do facto was that the equipment in question was not "For my exclusive use" as required for the exemption under federal (US) law.
I was able to show that there was NO equipment that had left my control.
i.e. I never let anyone have a modded radio.

spectragod · Post by **spectragod** » Fri May 27, 2005 5:46 pm

As usual....Cowthief is wrong.

Harold Pick Ebay user MRMSF, stepped on M's toes, as it turns out, a government agency had some broke XTS radios, M said no way can we flatrate those, they were abused. So, said government agency says "we'll buy all new radio's". Enter Harold Pick, who says he can order the parts and repair the radio's. M lost the contract for the sale of a LOT of XTS's, now Mr. Pick is their new center of attention.

And no..... I won't reveal my source(s).

SG

Hoseman292 · Post by **Hoseman292** » Fri May 27, 2005 5:50 pm

Pj wrote:

I love that Avatar...looks almost like the Boarder Patrol signs on the 405 going north. I have a pic of that somewhere when people back east here didn't believe me. I get a kick out of it everytime I am coming back from San Diego to Oxnard/Camarillo.

Man I just love this avatar... that fella kinda looks a little like me... add a beard and a chefs hat.

This Motorola case is getting better and better each day. Maybe I missed somethin'. Did the judge dismiss the case or is it going to trial???

SG,
I think Pick outfoxed them. I would compare this to taking my truck to the dealership to get the oil changed. The mechanic comes out and tells me that the engine is getting ready to freeze up and that I should buy a new 2006 Excursion from them right away before its too late.
I decide to drive next door to the community service center who finds a minor problem, gets the parts from Ford and fixes it for $150. What's wrong with that? And how can they claim that the parts are counterfeit when he purchased them from Motorola?

Timmy

Cowthief · Post by **Cowthief** » Fri May 27, 2005 6:36 pm

Hello.

How am I wrong?
As I said, this was the sale and repair of radios, and no Nick.
The Electrolux case is almost a mirror.
What happened in the Electrolux case was that a customer would walk in with a broken vac.
The store would explain that that it would be more expensive to fix but would take this in on a trade-in towards a new unit.
Several independent repair shops would advertise that they could repair Electolux.
American Home Products would sue the independent shops on the grounds that the name Electrolux was copyright and exclusive property.
Most independent shops simply did not have the resources to fight back.

Again, very close to the same thing, and both cases suck.

ScannerDan · Post by **ScannerDan** » Fri May 27, 2005 7:30 pm

spectragod wrote: a government agency had some broke XTS radios, M said no way can we flatrate those, they were abused. So, said government agency says "we'll buy all new radio's". Enter Harold Pick, who says he can order the parts and repair the radio's. M lost the contract for the sale of a LOT of XTS's, now Mr. Pick is their new center of attention.

Hmmm, that so said Gov't agency wouldn’t be Los Angeles County would it? Looks like Motorola is getting desparate to keep its business. Maybe there seeing the writing on the wall with all of these other company’s building cheaper and better P25 radios. OH WELL that’s life. I hope they get there asses kicked on this one and are forced to pay the millions in court and attorneys costs.

Dan..

bellersley · Post by **bellersley** » Fri May 27, 2005 9:00 pm

Cowtheif, I'm curious. I've searched the site here and can't find anything. You keep mentioning "your case" and your legal issues with Circle M. What exactly is/was your dealings with them? If it's legal issues I'm sure it's all on public record by now so you certainly wouldn't mind shedding some light on this for us, as you certainly bring it up every opportunity you can.

...Looking forward to your reply...

mr.syntrx · Post by **mr.syntrx** » Fri May 27, 2005 9:32 pm

spectragod wrote:As usual....Cowthief is wrong.

Harold Pick Ebay user MRMSF, stepped on M's toes, as it turns out, a government agency had some broke XTS radios, M said no way can we flatrate those, they were abused. So, said government agency says "we'll buy all new radio's". Enter Harold Pick, who says he can order the parts and repair the radio's. M lost the contract for the sale of a LOT of XTS's, now Mr. Pick is their new center of attention.

And no..... I won't reveal my source(s).

SG

Pick was also in court with Motorola back around 1993 for copyright infringement.

mr.syntrx · Post by **mr.syntrx** » Fri May 27, 2005 9:35 pm

bellersley wrote:Cowtheif, I'm curious. I've searched the site here and can't find anything. You keep mentioning "your case" and your legal issues with Circle M. What exactly is/was your dealings with them? If it's legal issues I'm sure it's all on public record by now so you certainly wouldn't mind shedding some light on this for us, as you certainly bring it up every opportunity you can.

...Looking forward to your reply...

CT posts range from being quite informative, when he's right, to being outright bull***t. This post is one of the latter.

stay-con · Post by **stay-con** » Sat May 28, 2005 10:34 am

"A good man can be stupid and still be a good man. But a bad man must have brains."

Russian writer Maxim Gorky, 1868-1936

Jeff

LAC-OPS · Post by **LAC-OPS** » Sat May 28, 2005 12:12 pm

"There are three basic components to the General Electric refrigerator: the freon compressor, the freon tube....."

Dan Akyroyd, "1941"

bellersley · Post by **bellersley** » Sun May 29, 2005 8:52 am

So what do you guys think this is going to mean for people who bought a Nick radio with no tags? If the court agrees they aren't counterfeit or "fake" radios, and that they can be made to perform to Motorola specs with proper alignment and tuning, would Motorola have an obligation to service these radios AND send them back to you - with tags?

I'm not about to be the test subject for this, but if I knew I could send it in, pay 200 bucks and come back with a 100% legit, aligned radio with factory/depot tags, I'd be first in line.

stay-con · Post by **stay-con** » Sun May 29, 2005 9:05 am

bellersley wrote:... would Motorola have an obligation to service these radios AND send them back to you - with tags?

Hardly. They wouldn't be able to keep it and tell you "You lose."

However, they would more than likely run up a huge estimate on what it would take to "repair" it and let you decide it is "Beyond Economical Repair."
Then send it back dissembled. **

After all, since it's certainly not under warranty, they aren't under any obligation to fix it.

**Note: While acting as a service manager for a repair shop, standard policy was to take things apart far enough to find out what was wrong with them, then if the customer declined repair, hand the bag of parts back to them. Most repair shops have a similiar policy.

Jeff

Post by Pj » Sun May 29, 2005 3:43 pm

How does that work?

That can't make too many people happy...

stay-con · Post by **stay-con** » Sun May 29, 2005 4:14 pm

Pj wrote:How does that work?

That can't make too many people happy...

It's a standard procedure in the repair industry.

I don't want to sound "unsympathetic" towards the customers, but...

Basically, you've wasted enough time diagnosing the problem for free.
Once the customer had decided that he doesn't want to spend anything for repairs, why waste any more time?

Jeff

Off topic rant about some customers.
(If you want to follow up on this particular rant, ask Alex where it belongs. It's certainly not part of the Nick radios saga. It probably belongs in the usenet news group: alt.peeves.)

Customers are a funny lot. They're the same bunch that expect you to keep an entire warehouse full of used parts so their repair bill will be cheaper, but insist that you give the used parts the same warranty as factory new parts. And fail to understand why you don't carefully disassemble everything and test the components so you can put the parts back into inventory.

Then there's the "I bought this used in a garage sale..." types. They've purchased something for about 5% of the original price, but they don't want to spend any money to repair it. "Eighteen dollars for an LO crystal? I only paid $5 for the entire radio. You're out of your mind!"

These are the same clowns that will buy a radio for $1500.00 then piss and moan about the service manual costing $65. Then have a go at fixing/modifying the radio blind. Then complain to anyone who will listen about what a piece of crap that radio is after they've destroyed it.

End rant

mr.syntrx · Post by **mr.syntrx** » Sun May 29, 2005 5:20 pm

We charge an assessment fee of a 1/2-hour's labour to look at the gear, regardless of whether the customer wants to go ahead or not. Any customers who are serious about actually looking at fixing the item in question will say yes. Those who do not won't be going elsewhere, as every shop in town charges this fee.

As for the depot and parts radios, Motorola is under no obligation to repair your parts radio or tag it, but they sure as hell can't hang on to it.

LAC-OPS · Post by **LAC-OPS** » Sun May 29, 2005 8:16 pm

Haven't there been other posts on this board about people who HAVE sent their tag-less "nick" radios into the depot where they were serviced and returned in working order?

I seem to remember several.......

stay-con · Post by **stay-con** » Mon May 30, 2005 6:18 am

LAC-OPS wrote:Haven't there been other posts on this board about people who HAVE sent their tag-less "nick" radios into the depot where they were serviced and returned in working order?

I remember that too from early on in this topic. But I think those were radios that were sent back for repair PRIOR to Motorola going after Nick.

Jeff

Johnny Galaga · Post by **Johnny Galaga** » Mon May 30, 2005 1:38 pm

So exactly what is Motorola trying to do in this court case. And what does "summary judgement" mean?

stay-con · Post by **stay-con** » Mon May 30, 2005 1:46 pm

Johnny Galaga wrote:So exactly what is Motorola trying to do in this court case. And what does "summary judgement" mean?

I can't say what their motive is behind all this other than it's probably not warm and fuzzy.

Motion for summary judgement is legalese for "We think you should just rule in our favor before it goes to trial."

Jeff

Cowthief · Post by **Cowthief** » Mon May 30, 2005 10:58 pm

Hello.

My case was filed in Harris county Texas.
Since it never went to trial there is no court transcript.
The agreement that was worked out with circle M allows for "limited access to" Motorola IP.
The agreement also places limits on what I can and can not do with the RSS.
For the most part, I have agreed to limit myself to government radios, FEDERAL government radios.
The exception is the transportation services, to include motor carrier, raliroad, and marine radio services.

tvsjr · Post by **tvsjr** » Mon May 30, 2005 11:00 pm

Cowthief wrote:Hello.

My case was filed in Harris county Texas.
Since it never went to trial there is no court transcript.
The agreement that was worked out with circle M allows for "limited access to" Motorola IP.
The agreement also places limits on what I can and can not do with the RSS.
For the most part, I have agreed to limit myself to government radios, FEDERAL government radios.
The exception is the transportation services, to include motor carrier, raliroad, and marine radio services.

ANB_Medic · Post by **ANB_Medic** » Tue May 31, 2005 9:29 am

Sorry, I'm not usually one to bash the ol' Cattle Clepto, but if Motorola (for whatever reason) had a big enough issue with you to try to take you to court, etc., then WHY would they let you continue to use their RSS on any basis - limited or otherwise? I would think that the first thing they would have done is cancelled your subscription.

Just curious..........

Todd

Post by **alex** » Tue May 31, 2005 10:02 am

This has been a very interesting topic to have watched over the past couple of months to see what develops. This obviously effects a large number of people who purchased from "nick" that it only fitting that the thread run this long, and have so much information in it with respect to the issues with this individual.

However, if you guys would like to talk with Cowtheif on end about his issues with Motorola or what have you, please continue it on the batlounge. Keep this thread on the topic of Nick radios, and what is going on with the court case(s) pending against individuals involved.

Thanks.

phrawg · Post by **phrawg** » Tue May 31, 2005 12:00 pm

What Batlounge ?

JAYMZ · Post by **JAYMZ** » Tue May 31, 2005 12:07 pm

http://batlounge.enterzone.net

Been out there since December....

phrawg · Post by **phrawg** » Tue May 31, 2005 4:04 pm

Hmmmm Ive looked all over THIS site and no lounge to be found

oh well !! Phrawg

Cam · Post by **Cam** » Tue May 31, 2005 10:29 pm

There is no "Lounge", it was shut down. Alex is talking about John's site (Jaymz posted a link).

scvfd1204 · Post by **scvfd1204** » Fri Jun 03, 2005 10:03 am

LAC-OPS wrote:"There are three basic components to the General Electric refrigerator: the freon compressor, the freon tube....."

Dan Akyroyd, "1941"

My favroite line in the whole movie (but I thought it was five), along with Col. Maddox.

LAC-OPS · Post by **LAC-OPS** » Mon Jun 06, 2005 9:29 am

You are right, I just double checked. It was five "The freon compressor, the freon tube, the power transformer...."

stay-con · Post by **stay-con** » Tue Jun 14, 2005 6:46 pm

I just received this via FAX about an hour ago.

http://www.grendel.com/Civil%20Minutes% ... 202005.jpg

Unless I'm reading this wrong, it appears that Motorola (the Plaintif) tried to "clarify" things to the judge privately.

*shakes his head in utter amazement*

29153

Jeff

Post by **xmo** » Tue Jun 14, 2005 7:13 pm

Big company. Big ego. Big mistake.

Arrogant fools - but that was obvious with the first 'send us the radios' letter.

stay-con · Post by **stay-con** » Wed Jun 15, 2005 9:27 am

stay-con wrote:I just received this via FAX about an hour ago.

http://www.grendel.com/Civil%20Minutes% ... 202005.jpg

Sorry about the size of this. I didn't resize it to fit the width of a normal monitor.

Here's a plain text version of the image file.

----------

Jun. 14 2O05 06:46PM P1

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFONIA

CIVIL MINUTES - GENERAL
Case No. CVO4-2655 ABC (SHx) Date May 26,2005
Motorola, Inc. v. Pick, et. al.

Present: The Honorable Audrey B. Collins

Deputy Clerk: Daphne Alex
Court Reporter / Recorder: Not present
Tape No.: N/A
Attorneys Present for Plaintiffs: None
Attorneys Present for Defendants: None

Plaintiff's Correspondence Re: Plaintiff's Motions for Summary Judgment

On May 25,2005, the Court received correspondence from Motorola., inc. ("Plaintiff") regarding the above-referenced case. Plaintiff is informed that letters may not be filed with the Court. Local Rule 83-2.11 provides as follows:

Communications with the Judge. Attorneys or parties to any action or proceeding shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with a judge in a pending matter unless opposing counsel is present. All matters shall be called to a judge's attention by appropriate application or motion filed in compliance with these Local Rules.

The Court cannot consider anything in Plaintiff's letter. All documents submitted to the Court must be filed with the Clerk of Court in conformance with the Local Rules of the Central District of California. Accordingly, the Court STRIKES the correspondence and returns the letter to Plaintiff

Further, the Court notes that briefing and oral argument in this matter is closed. The Court did not grant the parties leave to submit supplemental briefing. To the contrary, the Court stated that it would take the matter under submission and issue a ruling shortly. Plaintiff is admonished for its inappropriate attempt to submit additional briefing.

DOCKETED ON CM Jun 1 2005

Initials of Preparer: DA

----------

Jeff

Quote for the day, "Motorola. Intelligence everywhere."

CurtSchmahl · Post by **CurtSchmahl** » Fri Jun 17, 2005 9:03 pm

isn't this something you learn in the first week of lawyer school?

stay-con · Post by **stay-con** » Fri Jun 17, 2005 9:06 pm

CurtSchmahl wrote:isn't this something you learn in the first week of lawyer school?

The Latin term "Ex parte" means, in a legal context: "proceeding brought by one person in the absence of another ."

Jeff

CurtSchmahl · Post by **CurtSchmahl** » Fri Jun 17, 2005 9:07 pm

okie dokie

Hoseman292 · Post by **Hoseman292** » Sat Jun 18, 2005 7:01 am

stay-con wrote:I just received this via FAX about an hour ago.

http://www.grendel.com/Civil%20Minutes% ... 202005.jpg

Unless I'm reading this wrong, it appears that Motorola (the Plaintif) tried to "clarify" things to the judge privately.

*shakes his head in utter amazement*

29153

Jeff

What a bunch of cheats. Motorola has been building electronics for the last sixty years but you would think that they're a small "Mom and Pop" store trying to hold on to their last dollar. How is the world could they sue someone for making a radio from illegal parts when the parts come from them?

Cowthief · Post by **Cowthief** » Sat Jun 18, 2005 6:57 pm

Hello.

Ever watch the movie Robots?
What is the theme?
Welcome to corporate America.
This is NOT just Motorola.
Forbes "Everybody is digging for the bottom dollar".

Hoseman292 · Post by **Hoseman292** » Sat Jun 18, 2005 7:57 pm

I'm sure that hold some validity but at some point you have to stop and look at yourself to ask, "what went wrong?"

I visit the HT-220 webpage from time to time and study the photos of the techs that worked on that equipment in those days of radio. It seems to me that those old guys didn't care about much else besides turning out a good product for the company.

Presently the thought patterns are consistent with "how many laws can we apply to our parts and products so that we can screw over our loyal customers over and over?"

hamptonbeach · Post by **hamptonbeach** » Tue Jun 21, 2005 5:51 am

CurtSchmahl wrote:isn't this something you learn in the first week of lawyer school?

It's something I learned the first week of watching 'Law and Order'

stay-con · Post by **stay-con** » Fri Jun 24, 2005 6:19 am

kv5e wrote: Is /\/\ going "all in" in this judicial "AZ Hold 'em" poker game?

Who wants to call?

kv5e

Riff-Raff wrote: It's astounding
Time is fleeting
Madness takes it's toll
But listen closely

Magenta wrote: Not for very much longer

Trial is scheduled for July 14th.

Yogi Berra wrote: It ain't over 'till it's over.

Jeff

stay-con · Post by **stay-con** » Tue Jul 05, 2005 11:03 am

stay-con wrote: Trial will be in about 6 weeks at the Roybal bulding in downtown LA.

Update: Trial has been rescheduled for August.

More on this as I become aware of it.

Jeff

Johnny Galaga · Post by **Johnny Galaga** » Fri Jul 08, 2005 3:02 pm

So exactly what happens if Motorola wins? Does that mean all the 'Nick' radio owners would have to give up their radios? Is this gonna be a big trial with lots of lawyers and a jury and all that?

How long will it take to find out the results?

stay-con · Post by **stay-con** » Fri Jul 08, 2005 8:49 pm

Johnny Galaga wrote:So exactly what happens if Motorola wins?

It won't be good.

Does that mean all the 'Nick' radio owners would have to give up their radios?

Probably

Is this gonna be a big trial with lots of lawyers and a jury and all that?

Oh yeah, it'll be a real dog and pony show. Remember, these are the same people that turned in a 2500 page motion with 3500 pages of supporting documents.

How long will it take to find out the results?

Surprisingly enough, the judge penciled it in for only 4 days. Go figure.

But yeah, as soon as the fat lady signs.

Jeff
498/30724

stay-con · Post by **stay-con** » Fri Jul 15, 2005 10:37 am

stay-con wrote:But yeah, as soon as the fat lady signs.

Stay tuned.... it all hits the fan next month. (In about 4 weeks)

Jeff

'Nick' Radios Being Recalled . . . BY MOTOROLA !

Herold Pick.

Wrong?

My case.

Re: My case.

Movie Robots.