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Dear Milt & Dean
With all due respects to all parties.
FWIW I think this is not a matter for our MIS Community.
It is more for the Legal experts to decide.

The very fact this has made its' way into the European and US Court systems suggests both parties believe they are correct.

I consider myself knowledgable on Y2K and many of the tools. However based on the information available it is difficult to draw any conclusions. There could also be several regional Y2K firms that use the TOCS philosophy in their implementations/solutions, who might be in violation or running on a similar or almost parallel path but not violating the patient.

NOT being the legal expert - as is the case for most MIS people on the list we can not say.
From a layman's view, one might think , this posting might tend to change or taint the court casein the Judges eyes. Again I am not a lawyer nor is this legal advice.

You & Dean have to decide what is the right process to follow here.

Regards, Glenn.

At 10:03 AM 9/16/99 -0500, Milt Habeck wrote:
>>>>
Dear Glenn, The copyright case between MS4 and Precision in Europe is still open. The following paragraph is directionally correct, but in legal terms, it is probably not a precise report and my information is only second-hand information that is about 5 - 7 weeks old. Precision has proved that they did not use a direct copy of MS4 software, but then Millenium countered by asserting that Precision copied the MS4 design and/or elements of the design and then wrote new code based on the copied design. I've tried to post the information about the New Jersey legal action by TOCS against MS4 and three MS4 customers to the BBBoard three times over the last 55 hours and it does not get published. Also, my messages to the BBB manager asking why it has not been published have not been answered at this moment. God bless, Milt -----Original Message-----
From:
Glenn Ericson <Glenn-Ericson@att.net>
To: Milt Habeck <mhabeck@execpc.com>
Date: Thursday, September 16, 1999 6:13 AM
Subject: Re: [28-year] Y2K tools for BPCS 5.1

Dear Milt:
What was the outcome of the copyright case in Europe?
When will you be posting this patent infringement information to the bulletin board ?
Regards Glenn
At 02:53 PM 9/15/99 -0500, you wrote:
>>>>
Dear Glenn, This submission to the bulletin board has not been released yet ... it has some interesting news. Kind regards, Milt -----Original Message-----
From:
Milt Habeck <mhabeck@execpc.com>
To: BPCS-L@midrange.com <BPCS-L@midrange.com>
Date: Monday, September 13, 1999 9:00 PM
Subject: [28-year] Y2K tools for BPCS 5.1

Dear Jim, Your note (appended below) mentions a product called MS4. Jim ... are you aware of a patent infringement lawsuit (related to 28-year encapsulation method) size=2>brought by Turn of the Century Solutions (TOCS) against MS4 and some MS4 customers? Here is some top-line information about this pending action: United States District Court for the District of New Jersey (No. 99-3170). The defendants are MS4 plus three MS4 customers in the state of New Jersey: SICOR, Inc., ITT Fluid Technology Corp and Siemens Energy and Automation Inc. .The TOCS web site is: www.tocs.com Very kind regards, Milt Habeck
Unbeaten Path International
www.unbeatenpathintl.com -----Original Message-----
From:
<mailto:Zzbpcs@aol.com>Zzbpcs@aol.com <Zzbpcs@aol.com>
To: BPCS-L@midrange.com <BPCS-L@midrange.com>
Date: Monday, September 13, 1999 8:17 PM
Subject: Re: Y2K tools for BPCS 5.1

I have had great experience in useing a Y2K tool for 2 different BPCS clients an AS/400 . One war release 4.01 and the other was release 3.2. It took one week to identify & change the dates in the data base AND to identify the programs & recompile them. We were 90 % successful in finding & fixing them.
We then spent a month testing every program and found the remianing 10 % . The software is called MS4. You can contact Mr. Zoran Pirjevic at 516 - 253- 0275.
I do NOT know if it 'works' for release 5.1I would bet that it will....
You may e-mail me directly if you wish & I will give you my phone number
and the phone numbers of two satisfied clients....
Jim Barry
BPCS Implementation consultant since August 1984 ( S/34 ..S/36. S/38..AS/400)
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