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

W6JK · Post by **W6JK** » Mon Nov 07, 2005 7:39 am

stay-con wrote:The jury returned the verdict October 19th... The judge requested that Motorola submit their motion to enter judgement within 10 days.

Is this a case in which their opportunity to do so times out at some point?

'JK

AEC · Post by **AEC** » Mon Nov 07, 2005 12:56 pm

What's been happening with this 'dog-and-pony-show so far?

It's been well past the '10 days' requirement, did Circle-M get another delay awarded?

Or is this just 'breathing room' to gain more victims to show cause?

My friend in Wisconsin had his Ebay sale for his XTS ended due to Circle-M's snooping....Stating the radio was a 'fake'...A fake?

Who's moulding 'fake' XTS cases now?

*sniff**sniff*..Is there another 'fake' trial approaching here?

Motorollover must be hitting hard times if they are looking for money from poor people.....MUST be garbage they are building, oh wait, that's MADE IN CHINA....so it MUST be better, huh?

Yeah, sure it is pal.....By the way, have YOU signed up for the motorola chinese language classes yet?

MTS2000des · Post by **MTS2000des** » Mon Nov 07, 2005 2:26 pm

I smell an antitrust class action lawsuit in the direction of Ma M. I am still waiting on an answer from Mr. Harrington as to how a GP-68 with a valid FCC equipment authorization issued (AZ489FT4811) is an "illegal radio not intended for US sale" and is just cause for Motorola to interfere with a private citizen's right to dispose of personally owned property they legitimately obtained.

We aren't talking about RSS/CPS and flashcodes here, we are talking about the right of you the end user/owner of a piece of physical property to do with it what you please (aside from misrepresenting it) as a private seller.

Mr. Harrington quickly hung up the phone when I told him the call was being recorded. (it is LEGAL BTW to record a phone call in the State of Georgia so long as the one recording is a party to the conversation. No notice or tone is required). I asked him repeatedly to cite a specific section of the United States Code or case law which clearly prohibits the sale or posession of such a radio as a GP-68, Pro7150, etc. Of course this question has yet to be answered.

Well all this tells me is to let everyone I know that Motorola uses bully tactics and to go buy Icom, Kenwood or Vertex for their next purchase of radios and systems. They use a paid mouthpiece to threaten to take you to Federal court for trying to sell something that is NOT STOLEN property and legally obtained.

Screw Motorola and their cheap lousy products. I will stick with Icom and Kenwood from now on. At least they aren't run by the mafia.

LAC-OPS · Post by **LAC-OPS** » Mon Nov 07, 2005 5:41 pm

Wow. You shouldn't have told him it was being recorded. It would have been interesting to see what kind of nonsense he would've spewed out.

I hear he belched out plenty of it in court.

AEC · Post by **AEC** » Mon Nov 07, 2005 6:27 pm

Regarding my previous posting.....

Circle-M also stated my friend's XTS was in 'violation' of IP rights as well...

Hmm.......Internet Protocols?

Couldn't be 'Intellectual Property' rights, Circle-M has NO intellect!

Plausible deniability...blame everybody else, that's what makes it right, right?

His host/dsp and flash are legit, so how does this fall under IP rights violation to begin with?

Just how BIG is this hat Circle-M is using to pull garbage out of anyhow?

A 10 gallon Stetson would obviously be too small considering the oversized egos that company has.

I hope Circle-M is reading the message board and THINKING about their 'image' as they lose more and more new radio sales over their actions, and it serves them right!

Once my supply of Circle-M radios dies, they will be replaced with KENWOODS from that point onward, maybe even sooner if they hold to this course of action.

I might even have to videotape the hammered destruction(with the moto label still attached no less) to one of my recent radios, if just to prove a point about their 'value'.

*They may be motorola, but they also have *PAT* as well*

*And that's Pat*!(SNL)

I see it's time for the SWAP NET to begin, time to SELL OFF MORE MOTOROLA RADIOS!!

146.940 162.2, White Tanks

Johnny Galaga · Post by **Johnny Galaga** » Mon Nov 07, 2005 6:37 pm

stay-con wrote:The jury returned the verdict October 19th... The judge requested that Motorola submit their motion to enter judgement within 10 days.

Submit their motion to enter judgement? I don't understand what that means. I thought the case was over and the decisions have already been made. Exactly what is it that Motorola still has left to do?

AEC wrote:I might even have to videotape the hammered destruction(with the moto label still attached no less) to one of my recent radios, if just to prove a point about their 'value'.

Haha, that's funny! That makes me think of the movie "Office Space".

stay-con · Post by **stay-con** » Mon Nov 07, 2005 10:30 pm

AEC wrote:*They may be motorola, but they also have *PAT* as well*

When asked why he had seen the movie Deep Throat over a dozen times, Richard Nixon replied, "I wanted to get it down Pat..."

Heh, sorry, I was overtaken by a bit of levity there...

Ok, at least I didn't tell the "handwriting" joke. PM me if you don't know what it is.

Johnny Galaga wrote:Submit their motion to enter judgement? I don't understand what that means. I thought the case was over and the decisions have already been made. Exactly what is it that Motorola still has left to do?

The jury came back with a verdict. That's all it is. A verdict. It isn't until the judge "enters the judgement" that it's official. One side or the other has to motion the judge to enter the judgment. Then it becomes official.

Jeff

MTS2000des · Post by **MTS2000des** » Mon Nov 07, 2005 10:40 pm

Yeah, I shouldn't have given him notice the call was being recorded, his response was and I quote "well I guess I don't have to talk to you then"...obviously he isn't very above board, just the usual vague threats..of course me reminding him that in my state it is a felony to threaten another and to please stick to the facts.

I ask the question again: how is a GP68 considered "contraband" and "illegal" or "a violation of intellectual property rights" when:

1)- the radio HAS A VALID FCC EQUIPMENT AUTHORIZATION NUMBER
(kind of dismisses the theory the radios were never intended for USA use/sale does it not?)

2)-Cite specific code sections of the United States Code or even the Offiical Code of Georgia (OCGA which applies in my case since I live in this state) which stipulates that posession or sale of such radio is a violation or infrigement upon Motorola's intellectual property rights.

Bottom line is it isn't. There is no merit to the charge and Mr. Harrington is merely throwing his weight around. I have no issue with Ma M wanting to protect their IP when IP is the issue, such as RSS/CPS, firmware, rebadging products falsely or misrepresenting something.

But this claim that posession and sale of non-US radio constitutes an infringement on their IP rights is pure garbage plain and simple. Unless the radio is stolen (and the burden of proof lies on the plaintiff to prove it's stolen with a police report) then Motorola has no claim. There is no doubts GP-68's, Pro7150 or any other non-US marker Motorola radio is the legitimate item. Do I expect Motorola to support the item or service it? No, that is their option.

But I do expect them as anyone else to stay the hell out of my hair when it comes to my right to sell and dispose of my personal property through legitmate channels. The failure of them to do so infringes upon my right of commerce and screams anti-trust to the highest level.

I make sure to share this information with everyone I know in the position of authority on radio purchasing decisions, so they won't be exposed to this hassle.

Icom, Kenwood and Vertex-Standard have never brought a lawsuit against anyone for selling used radios nor have they ever cancelled an Ebay auction. They spend their time building relationships not pissing people off and threatening them.

mr.syntrx · Post by **mr.syntrx** » Mon Nov 07, 2005 10:57 pm

Actually, Icom have nuked a few eBay auctions, but they've been for pirated programming software, and therefore, perfectly legitimate.

60hzEE · Post by **60hzEE** » Tue Nov 08, 2005 4:13 pm

WC4RAV wrote:But this claim that posession and sale of non-US radio constitutes an infringement on their IP rights is pure garbage plain and simple. Unless the radio is stolen (and the burden of proof lies on the plaintiff to prove it's stolen with a police report) then Motorola has no claim. There is no doubts GP-68's, Pro7150 or any other non-US marker Motorola radio is the legitimate item. Do I expect Motorola to support the item or service it? No, that is their option.

But I do expect them as anyone else to stay the hell out of my hair when it comes to my right to sell and dispose of my personal property through legitmate channels. The failure of them to do so infringes upon my right of commerce and screams anti-trust to the highest level.

This may be of interest. It can be found at the http://www.gpoccess.gov site by browsing the United States Code. There's probably something more relevant as well:

15 USC Section 1.0

CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

Sec. 1. Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or
conspiracy, in restraint of trade or commerce among the several States,
or with foreign nations, is declared to be illegal. Every person who
shall make any contract or engage in any combination or conspiracy
hereby declared to be illegal shall be deemed guilty of a felony, and,
on conviction thereof, shall be punished by fine not exceeding
$10,000,000 if a corporation, or, if any other person, $350,000, or by
imprisonment not exceeding three years, or by both said punishments, in
the discretion of the court.

Lee

moto-man · Post by **moto-man** » Tue Nov 08, 2005 5:35 pm

Wow if just a few parts built radio's gets Big M this upset, I wonder what they are doing about the pirate RSS site ?

RR Spectra · Post by **RR Spectra** » Tue Nov 08, 2005 5:39 pm

moto-man wrote:Wow if just a few parts built radio's gets Big M this upset, I wonder what they are doing about hackersrussia web site ?

If they are so worried about infringement what about that site ?

Get Putin to drop a bomb on the server.

mr.syntrx · Post by **mr.syntrx** » Tue Nov 08, 2005 7:43 pm

If even MICROS~1 can't do anything about piracy by the Russkies, I doubt Harrington is going to be able to do much either.

Hightower · Post by **Hightower** » Fri Nov 11, 2005 4:05 pm

Is it safe to sell "Nick" radios on eBay now? Or will the Motorola police come after ya?

Hightower · Post by **Hightower** » Fri Nov 11, 2005 4:22 pm

[quote="RR Spectra"][quote="moto-man"]Wow if just a few parts built radio's gets Big M this upset, I wonder what they are doing about hackersrussia web site ?

There are actually about 5 /\/\ pirate sites on the internet - Some you have to search real hard to find....... Guarenteed Motorola knows about each and everyone of these sites.

How many "nick" raidos are in circulation worldwide? Maybe 1000 or less, but there are probably 100 times that much downloading their software for free. I'm shocked that /\/\ is not doing anything about these sites. Seeing as these sites have been up for more than 5 years, motorola probably has tried to shut down these sites, but can't.

mr.syntrx · Post by **mr.syntrx** » Fri Nov 11, 2005 10:49 pm

In the case of h******r****a, the Kremlin probably couldn't care less what Harrington and his cronies say.

He has probably gotten his way with some little pathetically tiny countries, but I doubt Ivan will be rolling over to any Amercian company anytime soon.

stay-con · Post by **stay-con** » Wed Nov 23, 2005 9:01 am

Hightower wrote:Is it safe to sell "Nick" radios on eBay now? Or will the Motorola police come after ya?

Probably not and yes, they probably will... Unfortunately.

Nick apparently got away with a LARGE number of parts from Mother-M because they hosed up the case from the beginning. Re-read the settlement back on page 1 of this thread. "Dismissed" And apparently there's NO criminal case over it either.

And on "counterfeit" radios? Unfortunately that's in "limbo" still.

Yes, the jury rendered a verdict. "They are NOT counterfeit radios." How ever, until the judge enters it, it means nothing.

This allows Mother-M to continue to stalk and terrorize people with thier tactics over IP protection.

Going over the various things that have happened over the past 2-1/2 years it becomes apparent that it's NOT about trade marks, or copyright. It's about the money. Every Tier-1 radio that gets sold on the grey market is about $3K that doesn't go to Mother-M.

What did the Walkerville fire chief do wrong? He bought used radios.
What did Drew wireless do wrong? He sold used radios.
What did LA county do wrong? They bought used radios.
What did my partner do wrong? He sold used radios.

What did Nick do wrong? Well, that's a long story in itself...something about a LOT of parts that weren't paid for. But guess what, Mother-M let him get away with it. How did that happen? Why did they let it happen.

Travisties such as this take a LONG time to sort out. They eventually do. But it takes an enormous amount of time and resources to accomplish it.

Jeff
616/45708

RR Spectra · Post by **RR Spectra** » Wed Nov 23, 2005 6:37 pm

stay-con wrote:
Hightower wrote:Is it safe to sell "Nick" radios on eBay now? Or will the Motorola police come after ya?
Probably not and yes, they probably will... Unfortunately.

Nick apparently got away with a LARGE number of parts from Mother-M because they hosed up the case from the beginning. Re-read the settlement back on page 1 of this thread. "Dismissed" And apparently there's NO criminal case over it either.

And on "counterfeit" radios? Unfortunately that's in "limbo" still.

Yes, the jury rendered a verdict. "They are NOT counterfeit radios." How ever, until the judge enters it, it means nothing.

This allows Mother-M to continue to stalk and terrorize people with thier tactics over IP protection.

Going over the various things that have happened over the past 2-1/2 years it becomes apparent that it's NOT about trade marks, or copyright. It's about the money. Every Tier-1 radio that gets sold on the grey market is about $3K that doesn't go to Mother-M.

What did the Walkerville fire chief do wrong? He bought used radios.
What did Drew wireless do wrong? He sold used radios.
What did LA county do wrong? They bought used radios.
What did my partner do wrong? He sold used radios.

What did Nick do wrong? Well, that's a long story in itself...something about a LOT of parts that weren't paid for. But guess what, Mother-M let him get away with it. How did that happen? Why did they let it happen.

Travisties such as this take a LONG time to sort out. They eventually do. But it takes an enormous amount of time and resources to accomplish it.

Jeff
616/45708

They chewed Nick up. he was crushed REAL GOOD by /\/\ and they probably figured he was beaten enough without piling on more charges. Compassionate of them

Johnny Galaga · Post by **Johnny Galaga** » Wed Nov 23, 2005 6:49 pm

RR Spectra wrote:They chewed Nick up. he was crushed REAL GOOD by /\/\ and they probably figured he was beaten enough without piling on more charges. Compassionate of them

So exactly what hapened to him?

stay-con wrote:Yes, the jury rendered a verdict. "They are NOT counterfeit radios." How ever, until the judge enters it, it means nothing.

So what's the point to having a jury? What if this judge doesn't "enter it"? What happens next?

nick.dejohn · Post by **nick.dejohn** » Wed Nov 23, 2005 7:27 pm

I'm confused. If I tell someone that I have a parts built radio for sale can I sell it or not. I have one and I don't need it anymore. Whats next with all this "BS"

stay-con · Post by **stay-con** » Wed Nov 23, 2005 7:35 pm

nick.dejohn wrote:I'm confused. If I tell someone that I have a parts built radio for sale can I sell it or not. I have one and I don't need it anymore. Whats next with all this "BS"

Well, it is confusing...

If you look at the timeline of things. Patrick Harrington sent out the "letter-o-doom" AFTER Motorola had ALREADY settled with Nick.

They apparently wrote off $945 thousand worth of parts.

Parts built radios, for what it's worth are legal. The issue with Nick was WHERE he got the parts considering that Motorola didn't get PAID for them.

Jeff

RR Spectra · Post by **RR Spectra** » Wed Nov 23, 2005 7:49 pm

I was under the impression that /\/\'s case dealt with intellectual property issues and the use of bootleg software. If radios are built with stolen parts, they are stolen property. I have no problem with radios that are built with legally acquired parts and /\/\ shouldn't have a problem either. As for the software issue, it is /\/\'s ball to play with and if someone steals /\/\'s ball they have a right to squawk. Nick is paying the price of not playing by the rules. That having been said, Motorola should make peace with the Amateur community by making RSS available at a low price for wideband radios once FCC's narrowband refarming goes into effect.

Johnny Galaga · Post by **Johnny Galaga** » Wed Nov 23, 2005 7:59 pm

RR Spectra wrote:Nick is paying the price of not playing by the rules.

Okay.......you sound like you have some inside knowledge.......

.......eactly what happened to him??

stay-con · Post by **stay-con** » Wed Nov 23, 2005 8:00 pm

RR Spectra wrote:I was under the impression that /\/\'s case dealt with intellectual property issues and the use of bootleg software.

That case was the one I was involved with.... However, they spent a good portion of thier time trying to link Nick with us, as if we were some part of a global terrorist organization.

Jeff

stay-con · Post by **stay-con** » Wed Nov 23, 2005 10:17 pm

Johnny Galaga wrote:
RR Spectra wrote:They chewed Nick up. he was crushed REAL GOOD by /\/\ and they probably figured he was beaten enough without piling on more charges. Compassionate of them
So exactly what hapened to him?

Well, let's see.....

The FBI raided his house February 4th 2004. Motorola filed suit against him March 4th 2004, the settlement written April 23rd 2004 and the suit was dismissed May 5th 2004.

Three months. Wham bam, thank ya ma'am.

Meanwhile, back at the ranch (out here.) The mess has been going on since February 6th 2004 and it's STILL in limbo.

And no, he did not have to pay back the $945 thousand. They tried to pin that on us instead.

Oh, and in reference to the [unmentionable] site. Patrick called the Kremlin. Repeatedly. They told him to buzz off.

Jeff

tvsjr · Post by **tvsjr** » Wed Nov 23, 2005 10:38 pm

stay-con wrote:Oh, and in reference to the [unmentionable] site. Patrick called the Kremlin. Repeatedly. They told him to buzz off.

BAHAHA. Should we start calling him Don, seeing his apparent fetish for tilting at windmills?

Splat · Post by **Splat** » Sat Nov 26, 2005 10:07 am

Mr. H is probably just following orders from those who sign his paychecks. You can't fault the guy for doing his job, but you can fault him for not doing his homework first and making sure all his ducks were in a row. He caused a lot of people to get ulcers, I'm sure. It appears that Ebay is afraid of Motorola and therefore it's time to start selling your Motorola radios off Ebay, or don't be surprised when/if your ad gets pulled. Thank god we switched to Kenwood!

wazzzzzzzzup · Post by **wazzzzzzzzup** » Sat Nov 26, 2005 11:24 am

Im concerned that M will eventually get the balls to say to everyone....WE didn't intend for XTS3000/5000/ASTRO SERIES/ to be sold to private individuals, so then they start going after someone JUST BECAUSE they own a 3000/5000, or astro series radio thats why im looking at EF JOHNSON.

for years now, ive been thinking about an XTS3000, recently ive been looking at the EF JOHNSON 5100 series portable. CRAZY AMOUNTS OF CHANNELS, VHF ANALOG/APCO25, DES ENCRYPTION PROGRAMABLE (no expensive MA M Keyloader needed) i think if you already have a KVL3K it will load a key that way but not 100% sure, it takes the speaker mics, batteries and chargers of the XTS3000, and the software is affordable, enough to make me think that i want to go ahead..save my money and get the whole package supporting EF JOHNSON. the 5100 is a slick radio too, im kinda thinking of the Bright YELLOW OR ORANGE MODEL. this is a very nice radio, worthy of your consideration. i think you can buy a new one for about the cost of a used 3000

wazz

Post by **alex** » Sat Nov 26, 2005 12:07 pm

wazzzzzzzzup wrote:Im concerned that M will eventually get the balls to say to everyone....WE didn't intend for XTS3000/5000/ASTRO SERIES/ to be sold to private individuals, so then they start going after someone JUST BECAUSE they own a 3000/5000, or astro series radio

They would cut off too much of their market place if they just said that public safety or XYZ could only buy these products.

They do make a fair amount of money off the random people who go through the proper channels to buy stuff, private companies, etc.

There's really no way to control how their stuff gets out there, short of shutting off a lot of their buesiness IMHO.

There's lot s of stuff out there that people "aren't" supposed to have - and magically they do. Look at weapons of sorts. There's a :o load of them out there - and there's a whole gov't agency tasked with the control of them, and they do a good job(?) of it.

I think it'll be a LONG time before a LEO agency takes up the responsibility of chasing after people with XTS's. They may if they don't think your supposed to have it - but possession is 9/10ths of the law.

-Alex

RR Spectra · Post by **RR Spectra** » Fri Dec 02, 2005 7:00 pm

alex wrote:
wazzzzzzzzup wrote:Im concerned that M will eventually get the balls to say to everyone....WE didn't intend for XTS3000/5000/ASTRO SERIES/ to be sold to private individuals, so then they start going after someone JUST BECAUSE they own a 3000/5000, or astro series radio
They would cut off too much of their market place if they just said that public safety or XYZ could only buy these products.

They do make a fair amount of money off the random people who go through the proper channels to buy stuff, private companies, etc.

There's really no way to control how their stuff gets out there, short of shutting off a lot of their buesiness IMHO.

There's lot s of stuff out there that people "aren't" supposed to have - and magically they do. Look at weapons of sorts. There's a load of them out there - and there's a whole gov't agency tasked with the control of them, and they do a good job(?) of it.

I think it'll be a LONG time before a LEO agency takes up the responsibility of chasing after people with XTS's. They may if they don't think your supposed to have it - but possession is 9/10ths of the law.

-Alex

You think /\/\ cares about end users?-- heck, if some pusbrain /\/\BA thinks he can gain a rung up the corporate ladder, he'll pull anything. if he can convince a politician to go along with it, the LEO's have no choice but to enforce the law. I PUT +NOTHING+ PAST A CORPOCRAT.

mr.syntrx · Post by **mr.syntrx** » Sat Dec 03, 2005 2:44 am

Splat wrote:Mr. H is probably just following orders from those who sign his paychecks. You can't fault the guy for doing his job, but you can fault him for not doing his homework first and making sure all his ducks were in a row. He caused a lot of people to get ulcers, I'm sure. It appears that Ebay is afraid of Motorola and therefore it's time to start selling your Motorola radios off Ebay, or don't be surprised when/if your ad gets pulled. Thank god we switched to Kenwood!

I fault him for not getting an honest job instead. Just like how I think telemarketers deserve no mercy when they call my house to sell me a new cellphone etc while I've got a beer in my had and watching stargate on TV.

mancow · Post by **mancow** » Sat Dec 03, 2005 9:43 am

I fault him for being so g**damn stupid that he can't see the advantage of the fan base for "his" products.

Do we see Ford or Chevrolet running around trying to shut down auto enthusiast boards?

Are they taking people to court to confiscate their T buckets and other classics because they are modified from the original and the design is the "intellecutual property" of the company?

Then again, it's most likely his boss telling him to do it. All this has to be coming from the top do you think?

mancow

AEC · Post by **AEC** » Sat Dec 10, 2005 12:35 am

Too bad for Circle-M, they can't control who buys what, or even where they buy their radios, it's NOT up to Circle-M to make that decision.

They can 'restrict' the sale on their own property and that's all, what the dealers do is their business alone, and not under the control of Rancho-Del-Moto!

They may not like seeing joe citizen with an XTS, but too bad, they sell it, I can buy it...simple deduction in logic.

Stolen property is another thing, IF it was taken from Circle-M's own property, then they can do something about it, if not...go suck eggs!

Circle-M has no control over the free market trade, no matter what they think or assume, they are not in control, and if I had an XTS, I'd let everybody see it, what are they going to do, arrest me for buying, then using a radio I own?

Just because Circle-M states the XTS is 'for public safety use only', does NOT mean it is a violation of federal law to ignore Motorola's decision and use it on any system or location I choose to use it on or in.

I make that decision, alone, NOT Circle-M.

If it has a price affixed to it, I can buy and use it.

They may not like it, but they can't do anything about it, and I'd love to see them try it with me.

My cousin is an IP and trademark attorney in L.A, and he was looking at the trial and told me that if the proper people were brought up against Motorola, they would have been tossed out of court for bringing in such lame testimony to the bench.

But Circle-M only goes after poor people that can't afford a dream team defense, THAT is why they win cases, not because they are right.

Since the Nick case popped up, my desire to own the latest and greatest Circle-M radio has died, and I no longer want anything 'new' from this company, they can kiss my a$$ goodbye forever!

When my Sabers finally die, that will be the end, once and for all.

The GTX will be replaced once a suitable Kenwood can be acquired and programmed.

nick.dejohn · Post by **nick.dejohn** » Thu Dec 15, 2005 6:56 am

Ok. I am still lost. I have one of these so-called Nick radios. What is Motorola going to do to the owners of these radiosand also what can I do with this radio. Can I sell it, trade it, what??? Quite frankly, I don't need it anymore and wouldn't mind tradeing it for something a little less.

Can anyone pass along some positive info on this matter. It seems that everyone that I tell that I have this radio, wants nothing to do with it.

What is up??????

RR Spectra · Post by **RR Spectra** » Thu Dec 15, 2005 7:09 am

Write it off and get something else when it breaks unless /\/\ announces a program to legitimize/fix these radios.

nick.dejohn · Post by **nick.dejohn** » Thu Dec 15, 2005 7:14 am

It still works and works great!!! Just don't need a radio of this capacity anymore, thats all...

stay-con · Post by **stay-con** » Thu Dec 15, 2005 7:16 am

nick.dejohn wrote:It seems that everyone that I tell that I have this radio, wants nothing to do with it.

That's because people are afraid of Motorola. Rightfully so, since they've repeatedly shown what they will spend money on to prosecute, whether or not it's warranted.

Is there anything wrong with the radio itself? No.

Do you own a radio with a logo owned by a company that "doesn't play well with others"? yes.

RR Spectra wrote:Write it off and get something else when it breaks unless /\/\ announces a program to legitimize/fix these radios.

Unfortunately, I think this is the best approach at this time.

Jeff
635/47777

Johnny Galaga · Post by **Johnny Galaga** » Thu Dec 15, 2005 8:46 am

stay-con wrote:That's because people are afraid of Motorola. Rightfully so, since they've repeatedly shown what they will spend money on to prosecute, whether or not it's warranted.

Is this sort of scare tactic even legal? Perhaps if enough of us complained to the FTC, something might get done:

https://rn.ftc.gov/pls/dod/wsolcq$.star ... _CODE=PU01

I've always wondered what they'd think about Motorola pulling eBay sales by threatening legal action. What would be the FTC's stance on the "letter of death"?

And just for kicks, take a look at this:

http://www.radioreference.com/modules.p ... =0&thold=0

RR Spectra · Post by **RR Spectra** » Thu Dec 15, 2005 11:14 am

Johnny Galaga wrote:
stay-con wrote:That's because people are afraid of Motorola. Rightfully so, since they've repeatedly shown what they will spend money on to prosecute, whether or not it's warranted.
Is this sort of scare tactic even legal? Perhaps if enough of us complained to the FTC, something might get done:

https://rn.ftc.gov/pls/dod/wsolcq$.star ... _CODE=PU01

I've always wondered what they'd think about Motorola pulling eBay sales by threatening legal action. What would be the FTC's stance on the "letter of death"?

And just for kicks, take a look at this:

http://www.radioreference.com/modules.p ... =0&thold=0

All of this means that I will specify radios other than Motorola in the future for my employer's protection.

LAC-OPS · Post by **LAC-OPS** » Sat Jan 28, 2006 10:42 pm

nick.dejohn wrote:Ok. I am still lost. I have one of these so-called Nick radios. What is Motorola going to do to the owners of these radiosand also what can I do with this radio. Can I sell it, trade it, what??? Quite frankly, I don't need it anymore and wouldn't mind tradeing it for something a little less.

Can anyone pass along some positive info on this matter. It seems that everyone that I tell that I have this radio, wants nothing to do with it.

What is up??????

Recently I've seen quite a few XTS's with the "Nick" flashcode being sold on ebay. The auctions are completing, too.. not being cancelled by pat harrington.

Pig813 · Post by **Pig813** » Sun Apr 16, 2006 7:20 am

any new update to this cont. story??

Post by **escomm** » Mon Apr 17, 2006 6:01 pm

Accoring to PACER, the jury found in /\/\'s favor and demand of $945,000 was noted.

On 11/17, the docket reflects that judgment was entered against Harold Pick for $1,200,000 (didn't that moron learn his lesson the first time he tried to break the rules?), against Dale Ketchersid for $120,000, and $120,000 against CSI (is that staycon? seems he is a party to his case though I don't seem to see him saying exactly who he is). Furthermore it seems that th judge added approximately $130,000 in costs (that's all it took to generate 10,000+ pages of submissions??).

The abstracts of these judgments were entered on March 2nd 2006 and also have been generating interest (of I believe 1.5% monthly) accordingly.

I, for one, lack any sympathy for those named in the case as defendants (edited this in for clarity... I am indifferent towards those that purchased Nick's) as the level of expertise necessary to conduct such business carries an implicit understanding of what is (now proven to be) legal as well as unquestionably and quite obviously unethical.

The Pacer text is quoted here:

Docket Text: JUDGMENT by Judge Audrey B. Collins; Judgment is entered in favor of Motorola and against defendants on Motorolas claim for copyright infringement. Judgment of $1,200,000.00 is entered in favor of Motorola and against Pick on Motorolas claim for copyright infringement. Pick is found to have a willfully infringed Motorolas copyrights. Judgment of $120,000.00 is entered in favor of Motorola and against Ketchersid. Judgment of $120,000.00 is entered in favor of Motorola and against CSI on Motorolas Claim for copyright infringement. Judgment is entered in favor of defendants and against Motorola on Motorolas claim for trademark infringement and false designation of origin. Judgment is entered in favor of Motorola and against defendants on Pick and CSIs claim for conversion. Judgment is entered in favor of Motorola and against defendant CSI on CSIs claim for intentional interference with contract. Motorolas state law claims for fraud breach of contract breach of the implied covenant of good faith and fair dealing unfair competition and conspiracy are dismissed with prejudice. Defendants claim for breach of contract is dismissed with prejudice. Defendants Pick Ketchersid and CSI and their officers directors principals agents representatives, etc are hereby permanently enjoined from copying duplicating reproducting posting circulating transmitting (electronically or otherwise) selling offering for sale distributing transferring renting lending exchanging, etc or making unauthorized use of the following software programs (see document for details.) Defendants are ordered to deliver up to Motorola within 10 days of entry of this judgment for destruction or other reasonable disposition any and all copies of Motorola software made or used by defendants. Motorola is awarded costs in the amount to be determined by Clerk of Court. Clerk of the Court is directed to release to Motorola the $17,000.00 which is currently on deposit with the Court in this action together with any interest that has accrued thereon in partial satisfaction of the $120,000.00 judgment against CSI. Court shall retain jurisdiction to enforce this Judgment and the permanent injunction included herein, as well as to consider any post trial motions to increase damages or award attorneys fees. (see document for further details) (MD JS-6, Case Terminated).(jag, )

03/10/2006 ABSTRACT of Judgment issued in favor of plaintiff Motorola Inc and against Covert Services Inc, Dale Ketchersid, Harold Pick in the for costs of $131,344.86 RE: Judgment 350 (jag, ) (Entered: 03/10/2006)
03/02/2006 ABSTRACT of Judgment issued in favor of plaintiff Motorola Inc and against Dale Ketchersid in the principal amount of $120,000.00 RE: Judgment 350 (jag, ) (Entered: 03/02/2006)
03/02/2006 ABSTRACT of Judgment issued in favor of plaintiff Motorola Inc and against Covert Services Inc in the principal amount of $120,000.00 RE: Judgment 350 (jag, ) (Entered: 03/02/2006)
03/02/2006 ABSTRACT of Judgment issued in favor of plaintiff Motorola Inc and against Harold Pick in the principal amount of $1,200,000.00 RE: Judgment 350 (jag, ) (Entered: 03/02/2006)

[/url]

stay-con · Post by **stay-con** » Mon Apr 17, 2006 7:43 pm

escomm wrote:On 11/17, the docket reflects that judgment was entered against Harold Pick for $1,200,000 (didn't that moron learn his lesson the first time he tried to break the rules?), against Dale Ketchersid for $120,000, and $120,000 against CSI (is that staycon? seems he is a party to his case though I don't seem to see him saying exactly who he is).

Just to clear things up a bit, I am not, nor was I, a part of the business with Harold nor was I a party to the lawsuit with Motorola.

Stay Connected is a seperate entity, mine. A sole propriatorship. I've been in the business since 1983. I was doing installs for Harold from the period of April 2004 (after the lawsuit was filed) and up until October of 2005 (after the case was heard in court.

CSI is Covert Services Inc., which was run by Dale ketchersid, and changed it's name to Radio Design and Engineering. It has subsequently changed names again to Federal COmmunications Network Inc.

My part in the federal case was that of an expert witness to testify to the fact that repairing and reselling used radios as used radios was not, is not and can not be considered counterfeiting.

Jeff

Post by **escomm** » Mon Apr 17, 2006 8:06 pm

My apologies, I thought I read something about "us" and $945,000 so I inferred you were a named party but was unsure as noted. Can you comment on the contents of the case at this point? Was he the one supplying DeLuca with all the parts?

LAC-OPS · Post by **LAC-OPS** » Mon Apr 17, 2006 8:58 pm

"Judgment is entered in favor of defendants and against Motorola on Motorolas claim for trademark infringement and false designation of origin."

Reads to me like parts-built radios are OK, just not software you can't prove you've paid for.

stay-con · Post by **stay-con** » Tue Apr 18, 2006 2:40 am

escomm wrote:My apologies, I thought I read something about "us" and $945,000 so I inferred you were a named party but was unsure as noted. Can you comment on the contents of the case at this point? Was he the one supplying DeLuca with all the parts?

Motorola was the one supplying DeLuca with parts. Nick fiigured out how to scam Motorola. The crap hit the fan when one of his Frakenradios was bought by a fire department. They followed it back to Nick, found his prior association with Harold and the investigation took on a life of it's own due to Harold's past history with Motorola.

Jeff

W6JK · Post by **W6JK** » Tue Apr 18, 2006 9:38 am

Any comment on what was going on during the nearly 5 months it took to have the judgement entered?

'JK

Post by **escomm** » Tue Apr 18, 2006 7:47 pm

The judgment was initially entered on 11/17/05. It was not finalized until March when the abstracts were issued. I suspect part of the reason was /\/\'s need to total its legal costs that the defendants are liable for, and as I noted before it would appear that judge found Pick & Co. to be liable for more damages than what /\/\ appears to have initially sought ($945k).

I do wonder if Pick & Co. plan to appeal. I'm sure the initial action cost them an arm and a leg in legal fees, appeals can get to be just as costly though.

Hightower · Post by **Hightower** » Tue Apr 18, 2006 11:19 pm

Hightower wrote:Is it safe to sell "Nick" radios on eBay now? Or will the Motorola police come after ya?

Yep, my "Nick" XTS sold with no problem on eBay. If a whore radio, do not list the flashcode, just list the options that the whore flashcode contains, and delete the MODAT option from your eBay post.

ScannerDan · Post by **ScannerDan** » Sat Oct 07, 2006 12:23 pm

So I thought I'd resurrect a post from the past and ask, What ever happened to those folks that were blackmailed into sending there radios into Motorola? I wonder if they were returned to them or what.

Dan..