'Nick' Radios Being Recalled . . . BY MOTOROLA !
Moderator: Queue Moderator
hmm really?
[/quote]is that why my yaesus dont have Part 95 certification? all it takes to make it TX out of band is a simple removal of a diode and yet its still illegal to transmit out of band.. why? its not TYPE ACCEPTED to be there.. so much for your 'law'[/quote]
What are you talking about? It sounds like you are agreeing to disagree, thats what I stated before,it is ilegal ! PERIOD, stop smoking all that weed & maybe you can understand something
[/quote]is that why my yaesus dont have Part 95 certification? all it takes to make it TX out of band is a simple removal of a diode and yet its still illegal to transmit out of band.. why? its not TYPE ACCEPTED to be there.. so much for your 'law'[/quote]
What are you talking about? It sounds like you are agreeing to disagree, thats what I stated before,it is ilegal ! PERIOD, stop smoking all that weed & maybe you can understand something
Keep the flames to yourself.
Re: Laws
The law is broadtermed for all.1 Adam 12 wrote:The statute you are citing deals with the issue of FM and AM and other broadcast stations operating with out a license and without certified equipment. This was in response to numerous pirate stations interfering or transmitting on frequencies of large commercial broadcast stations. These thing where and still are popping up on a weekly basis, and the FCC just did not have the time or people to deal with them. There are other statutes that specifically deal with transmitting on public safety and government frequencies.123 wrote: Florida has a law stating that if you have communication equipement that is NOT FCC licensed or type accepted it is a 3rd degree felony which is up to 3 years in state prison .
Keep the flames to yourself.
Well, I can certainly see the Big M's point about parts built radios being shipped in what appears to be original factory packaging with owners manuals. Especially since they were represented as new products.K0DEN wrote:a little outdated but still applies here.
http://www.motorola.com/General/Press/P ... 22214.html
However, where do you draw the line between "repaired used" or parts built, and something thrown together and sold as new?
On a slightly differnt but related thought: How many times have you seen the dreaded "This item has been checked by a store associate" lable on what is being sold as "new" at Fry's Electronics? When in reality, it's returned defective merchandise being resold as new?
Jeff
Emoticons are the wheel chair ramps for the emotionally handicapped.
stay-con wrote: On a slightly differnt but related thought: How many times have you seen the dreaded "This item has been checked by a store associate" lable on what is being sold as "new" at Fry's Electronics? When in reality, it's returned defective merchandise being resold as new?
Jeff
That white label is Fry's version of the common line on eBay "AS - IS, CAN'T TEST. WAS WORKING BEFORE IT WAS REMOVED."
Of course they forget to say it was removed cause it was broken.
-Robert F.
KG6EAQ
KG6EAQ
Hmm, Change the names. does it seem this trademark issue has gotten out of hand.
I buy a scrapped out chevy truck. I legally own the heap. I buy legally parts to restore it, some directly from chevy, some from a junk yard and some parts from a 3rd party vendor. I rebuild the car. Now chevy comes and says I have no rights to the car because they didnt approve of the rebuild. The car hasnt gone through DOT re-certification and therefore is a hazard to the public. The Chevy tow truck will be by on tuesday to pick up your car.
If the radio's and all the parts were not stolen then I see NO reason motorola has any rights to the radio's.
I buy a scrapped out chevy truck. I legally own the heap. I buy legally parts to restore it, some directly from chevy, some from a junk yard and some parts from a 3rd party vendor. I rebuild the car. Now chevy comes and says I have no rights to the car because they didnt approve of the rebuild. The car hasnt gone through DOT re-certification and therefore is a hazard to the public. The Chevy tow truck will be by on tuesday to pick up your car.
If the radio's and all the parts were not stolen then I see NO reason motorola has any rights to the radio's.
Gary N8EMR
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- was grem467
- Posts: 1145
- Joined: Mon Jul 21, 2003 12:46 pm
excuse me?? you need to tone that down man, i didnt personally attack you and would appreciate you not doing the same to me.123 wrote:stop smoking all that weed & maybe you can understand something
yeah whatever man, since you are going to start mud slinging, im not going to bother with this anymore.It sounds like you are agreeing to disagree
cya
[/fin]
When all else fails,pretend like your innocent on offending people & walk away.Which is what you just did. Your replys had no merit,no facts,nothing but opinions.And most of all,you was repeating what I stated,but yet saying I was wrong.Which means,"you was agreeing to disagree" meaning your argument was for nothing because we were both were sayng the same thinggrem467 wrote:excuse me?? you need to tone that down man, i didnt personally attack you and would appreciate you not doing the same to me.123 wrote:stop smoking all that weed & maybe you can understand something
yeah whatever man, since you are going to start mud slinging, im not going to bother with this anymore.It sounds like you are agreeing to disagree
cya
[/fin]
Keep the flames to yourself.
- MTS2000des
- Posts: 3347
- Joined: Sat Jan 04, 2003 4:59 pm
- What radios do you own?: XTS2500, XTS5000, and MTS2000
Maybe Motorola will start putting labels on the replacement parts containers that have firmware in them similar to how software companies package software media. "By opening this package, the purchaser has agreed to the End User license agreement...if you do not agree with our EULA, DO NOT OPEN this package, return it to the place of purchase for a full refund"
Could you see an EULA being included with every replacement controller or firmware chip? I can...
Could you see an EULA being included with every replacement controller or firmware chip? I can...
Doesn't anybody here know how to look up specific information?
http://www.gpoaccess.gov/cfr/index.html
Or you can read the pdf file regarding type acceptance (a portion of it) at:
http://a257.g.akamaitech.net/7/257/2422 ... 90.203.pdf
Jeff
http://www.gpoaccess.gov/cfr/index.html
Or you can read the pdf file regarding type acceptance (a portion of it) at:
http://a257.g.akamaitech.net/7/257/2422 ... 90.203.pdf
Jeff
Emoticons are the wheel chair ramps for the emotionally handicapped.
Automobiles.
Hello.
In the case of automobiles, there are cars and trucks, usually the "concept car", that are produced, and then broken into little parts by the shredder.
As cars go, ALL of the current cars are sent in for testing.
The prototypes are crash tested, safety tasted, failure tested, and tested again.
This is part of the FMVSS.
And, yes, if you were to build a car from parts, you would not have a chevy, or ford, or chrysler.
What you would get is a builders title in Texas.
Guess what? you can not transfer a builders title.
If you were to take a car that was declared salvage, title withdrawn, you would have to find another car that had a valid title, and transfer parts, this would be legal.
My beef is the fact that I did just that.
I got parts from Nick, yes.
The parts were used to rebuild other, valid but damaged, radios.
So, you see, no software issues.
No FCC issues.
Just Motorola having a bad hair day.
In the case of automobiles, there are cars and trucks, usually the "concept car", that are produced, and then broken into little parts by the shredder.
As cars go, ALL of the current cars are sent in for testing.
The prototypes are crash tested, safety tasted, failure tested, and tested again.
This is part of the FMVSS.
And, yes, if you were to build a car from parts, you would not have a chevy, or ford, or chrysler.
What you would get is a builders title in Texas.
Guess what? you can not transfer a builders title.
If you were to take a car that was declared salvage, title withdrawn, you would have to find another car that had a valid title, and transfer parts, this would be legal.
My beef is the fact that I did just that.
I got parts from Nick, yes.
The parts were used to rebuild other, valid but damaged, radios.
So, you see, no software issues.
No FCC issues.
Just Motorola having a bad hair day.
Re: Automobiles.
blah, blah,blah, blah, blah...........Cowthief wrote:Hello.
In the case of automobiles, there are cars and trucks, usually the "concept car", that are produced, and then broken into little parts by the shredder.
As cars go, ALL of the current cars are sent in for testing.
The prototypes are crash tested, safety tasted, failure tested, and tested again.
This is part of the FMVSS.
And, yes, if you were to build a car from parts, you would not have a chevy, or ford, or chrysler.
What you would get is a builders title in Texas.
Guess what? you can not transfer a builders title.
If you were to take a car that was declared salvage, title withdrawn, you would have to find another car that had a valid title, and transfer parts, this would be legal.
My beef is the fact that I did just that.
I got parts from Nick, yes.
The parts were used to rebuild other, valid but damaged, radios.
So, you see, no software issues.
No FCC issues.
Just Motorola having a bad hair day.
Just me $0.02
it seems from reading that this entire thing is about parts built radios. so how many times does a radio have to get sent in before it's deemed illigal? If I send in a radio and it gets re cased. the next time I send it in it gets a new receiever, and a few repairs later there are no original parts....does moto keep it and say it's illigal?
DFC2
DFC2
Re: Just me $0.02
I am sure that Motorola's take on this is (and I am not saying it is "right") that they, or any of their Authorized Service Centers, test the radios per FCC accepted data. (I.E. the service manual), and that they, or any of the techs at their Authorized Service Centers, have completed certain training requirements, to demonstrate their ability to do so. The problem wasn't in the parts that were used to build the radio, perse. It was as much the process, as it was the parts. Moto radios certainly go through certain Quality Control checks, at various points along the assembly line. Checks that I am sure Nick did not perform.dfc2 wrote:it seems from reading that this entire thing is about parts built radios. so how many times does a radio have to get sent in before it's deemed illigal? If I send in a radio and it gets re cased. the next time I send it in it gets a new receiever, and a few repairs later there are no original parts....does moto keep it and say it's illigal?
DFC2
As an alleged owner of a Nick radio, Just a few things to ponder...
First, talk to an attorney. My best advice.
Second, it appears they sent the letter to the shipping address. Nick used UPS, I don't believe eBay or PayPal has released anything... yet. I don't know eBay or PP's Privacy Policy, but I think they would have notified us somehow if they were 'forced' to release information.
Third, anyone can file in Federal Court -- just pay the appropriate fees.
Fourth, who the F are they to ask you for anything?
Many of you make great points -- Cowthief especailly. My lawyer put me at ease, as it is truly an intimidating letter.
Just based on many of your wonderful arguments, Circle-M will have a heck of a time forcing you to do anything. I suggest you talk to an attorney. Follow his/her advice. Don't let M intimidate you. As far as a class action suit, don't waste you time... M's lawyers can make that very expensive, very easily.
The best action might just be to turn your backs on M. I enjoyed the comments from the "former Motorola customers." I particularly enjoyed the chipper/shredder letter. My sentiments exactly. M is losing marketshare. They have responded poorly to those losses. Their products aren't what they used to be. Reliance on their past product reputation is running out... There are too many alternatives of equal or greater quality -- and usually lower price!
A few years ago, I considered buying stock in M. I am glad I didn't.
The writing is on the wall. Eventually, everyone will read it.
Good luck to all! Let no one bully you!!!
First, talk to an attorney. My best advice.
Second, it appears they sent the letter to the shipping address. Nick used UPS, I don't believe eBay or PayPal has released anything... yet. I don't know eBay or PP's Privacy Policy, but I think they would have notified us somehow if they were 'forced' to release information.
Third, anyone can file in Federal Court -- just pay the appropriate fees.
Fourth, who the F are they to ask you for anything?
Many of you make great points -- Cowthief especailly. My lawyer put me at ease, as it is truly an intimidating letter.
Just based on many of your wonderful arguments, Circle-M will have a heck of a time forcing you to do anything. I suggest you talk to an attorney. Follow his/her advice. Don't let M intimidate you. As far as a class action suit, don't waste you time... M's lawyers can make that very expensive, very easily.
The best action might just be to turn your backs on M. I enjoyed the comments from the "former Motorola customers." I particularly enjoyed the chipper/shredder letter. My sentiments exactly. M is losing marketshare. They have responded poorly to those losses. Their products aren't what they used to be. Reliance on their past product reputation is running out... There are too many alternatives of equal or greater quality -- and usually lower price!
A few years ago, I considered buying stock in M. I am glad I didn't.
The writing is on the wall. Eventually, everyone will read it.
Good luck to all! Let no one bully you!!!
-werdnuts
VoIP# BAT-CRAP (2727)
VoIP# BAT-CRAP (2727)
Today should prove to be entertaining to say the least.
I will be at the LA County ISD with Patrick Harrington.
He will be examining the allegedly counterfeit radios.
My task, as a Motorola Servicing Dealer, is to learn how to identify a counterfeit radio so as not to work on them.
Film at eleven.
Jeff
I will be at the LA County ISD with Patrick Harrington.
He will be examining the allegedly counterfeit radios.
My task, as a Motorola Servicing Dealer, is to learn how to identify a counterfeit radio so as not to work on them.
Film at eleven.
Jeff
Emoticons are the wheel chair ramps for the emotionally handicapped.
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- was grem467
- Posts: 1145
- Joined: Mon Jul 21, 2003 12:46 pm
"...My task, as a Motorola Servicing Dealer, is to learn how to identify a counterfeit radio ..."
______________________________________________________
You would expect that they will show you what all the various versions of factory tags look like as well as what depot tags look like. They would also show you how to verify the model and serial number reported by the radio front panel test and/or RSS matches the tags.
Likewise they would show you factory Flashport tags as well as the Flashport tags that come with upgrade kits.
If the radio has no tags they will say that proves it is counterfit - when all that it proves is that it has no tags. Somebody could replace the casting and rather than trying to get the tags off the old one in one piece - or the alternative of creating a clone tag - they could just turn the old casting over to the owner. So what if that gets lost?
Of course, the presence of the 'Chicago' Flashcode along with the absence of tags would be pretty incriminating.
The real question is: are they going to tell you that working on one of these radios will get your MSS pulled?
We will be waiting for your 'Film at eleven'
______________________________________________________
You would expect that they will show you what all the various versions of factory tags look like as well as what depot tags look like. They would also show you how to verify the model and serial number reported by the radio front panel test and/or RSS matches the tags.
Likewise they would show you factory Flashport tags as well as the Flashport tags that come with upgrade kits.
If the radio has no tags they will say that proves it is counterfit - when all that it proves is that it has no tags. Somebody could replace the casting and rather than trying to get the tags off the old one in one piece - or the alternative of creating a clone tag - they could just turn the old casting over to the owner. So what if that gets lost?
Of course, the presence of the 'Chicago' Flashcode along with the absence of tags would be pretty incriminating.
The real question is: are they going to tell you that working on one of these radios will get your MSS pulled?
We will be waiting for your 'Film at eleven'
xmo wrote: We will be waiting for your 'Film at eleven'
Man oh man, I've watched paint dry that was more exciting than this.
I watched a Motorola Factory tech disassemble 17 radios, and put them back together. That's it. Oh, I also watched them read the radios with CPS 3.
Well, think I'll go out and watch the grass grow now.
I did get a few free doughnuts though.
Jeff
Emoticons are the wheel chair ramps for the emotionally handicapped.
stay-con wrote:xmo wrote: We will be waiting for your 'Film at eleven'
Man oh man, I've watched paint dry that was more exciting than this.
I watched a Motorola Factory tech disassemble 17 radios, and put them back together. That's it. Oh, I also watched them read the radios with CPS 3.
Well, think I'll go out and watch the grass grow now.
I did get a few free doughnuts though.
Jeff
Donuts are good.....
Paint is ok as long as its not lead based, Did they prove anything to you?
- Johnny Galaga
- Posts: 280
- Joined: Mon Aug 19, 2002 11:51 pm
Did you get to talk to Patrick Harrington? What is 'ISD' ?stay-con wrote:Today should prove to be entertaining to say the least.
I will be at the LA County ISD with Patrick Harrington.
He will be examining the allegedly counterfeit radios.
My task, as a Motorola Servicing Dealer, is to learn how to identify a counterfeit radio so as not to work on them.
Film at eleven.
Jeff
Analog already is interoperable.
Yes, I met Patrick.Johnny Galaga wrote: Did you get to talk to Patrick Harrington? What is 'ISD' ?
It's something along the lines of Information Services Department. The Los Angeles (City) police have Piper Tech for their radio servicing. The county, which is where I was today, has their in-house people doing their radios.
I apologize that I can't discuss this in any greater detail at this time.
Jeff
Emoticons are the wheel chair ramps for the emotionally handicapped.
- MRFLASHPORT
- Posts: 257
- Joined: Thu Jan 17, 2002 4:00 pm
That's what I love about the net. If you're wrong, somebody will always correct you.MRFLASHPORT wrote: That is incorrect, Piper Tech does not service radios anymore,all the radios are now serviced in San Pedro.
Thanks for the update, I hadn't really been paying much attention to who was doing the LAPD stuff recently.
Jeff
Emoticons are the wheel chair ramps for the emotionally handicapped.
- Johnny Galaga
- Posts: 280
- Joined: Mon Aug 19, 2002 11:51 pm
abc
Last edited by Johnny Galaga on Fri Jul 29, 2005 5:46 pm, edited 1 time in total.
Analog already is interoperable.
I repeat, I am NOT Mr. harrington. And I'm even more glad of that than you can imagine.Myself wrote:
Believe what you will. I most assuredly am NOT Patrick Harrington.
I have "inside knowledge" because I have been dragged into this debacle with the Nick radios.
As a bit of clarification though, the radios with the Los Angeles County that I was observing Mr. Harrington "inspect" Thursday were NOT (repeat NOT) Nick Radios. Mr. Harrington had a different agenda with regard to them.
At this time, I can not go into any further detail, but I will tell you that he was not at all pleased to see me.
On the other hand, I did meet a few old friends and make some new ones. All in all, it was a good day.
Jeff
Emoticons are the wheel chair ramps for the emotionally handicapped.
Patrick Harrington not happy?
Hello.
Patrick harrington, not happy with you?
Just tell him that you have decided to do what I did.
He is not happy with your Motorola radios, correct?
Explain to him that you do not want people unhappy with Motorola.
The next batch of radios should keep Motorola happy.
I have Kenwood Thales and Yaesu radios I carry now.
Motorola can in no way get upset about any of my talkies.
Patrick harrington, not happy with you?
Just tell him that you have decided to do what I did.
He is not happy with your Motorola radios, correct?
Explain to him that you do not want people unhappy with Motorola.
The next batch of radios should keep Motorola happy.
I have Kenwood Thales and Yaesu radios I carry now.
Motorola can in no way get upset about any of my talkies.
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- Joined: Sun Sep 09, 2001 4:00 pm
Remember this thread...look at the date
[url]http://batboard.batlabs.com/viewtopic.p ... ht=xts3500
watchbuddy
Joined: 01 Mar 2002
Posts: 41
Posted: 05 Aug 2002 11:03 Post subject:
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Hello All!
I figure I should jump in and set the record straight ! I have broken no laws I purchase parts and build radios I also buy auction lots and resale radios I do this for a hobby and to help out alot of friends you can not afford to buy a $3900.00 radio I see that this has caused some great discomfort to some of you. I had planed to stop selling the Astro's by the end of this month However Since this is a sore subject for such a great board I therefore am stopping all selling of Astro's and Motorola products on E-bay and/or other auction sites immeditely, and I further appoligize to "batdude" for any hard feelings he may have toward me since this is the first time I ever heard of him I wish him the best!..
In regards to lawsuits and going to jail I really doubt they want to litigate with a customer who spends $$$ and I mean Alot !. Their was and/or is no monkey business here just trying to be friendly Hope all is well I will always stand behind items I have sold so rest assure.
Thank You
Watchbuddy *08/05/2002*
watchbuddy
Joined: 01 Mar 2002
Posts: 41
Posted: 05 Aug 2002 11:03 Post subject:
-------------------------------------------------------------------------------
Hello All!
I figure I should jump in and set the record straight ! I have broken no laws I purchase parts and build radios I also buy auction lots and resale radios I do this for a hobby and to help out alot of friends you can not afford to buy a $3900.00 radio I see that this has caused some great discomfort to some of you. I had planed to stop selling the Astro's by the end of this month However Since this is a sore subject for such a great board I therefore am stopping all selling of Astro's and Motorola products on E-bay and/or other auction sites immeditely, and I further appoligize to "batdude" for any hard feelings he may have toward me since this is the first time I ever heard of him I wish him the best!..
In regards to lawsuits and going to jail I really doubt they want to litigate with a customer who spends $$$ and I mean Alot !. Their was and/or is no monkey business here just trying to be friendly Hope all is well I will always stand behind items I have sold so rest assure.
Thank You
Watchbuddy *08/05/2002*
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- Posts: 433
- Joined: Sun Sep 09, 2001 4:00 pm
2wayfreq wrote: Personal Attach'e to Mr' Harrington? Wow! Oh don't forget to drop off the threatening letter mailbag at the post office. And he wants those shoes looking like Mirrors when he gets in tomorrow!!!
Huh ?????
***********************************
I hate arguing with stupid people. They just bring you down to their level and beat you with experience.
I hate arguing with stupid people. They just bring you down to their level and beat you with experience.
I think Motorola has a problem with nicks radios because he never aligned them after assembling the "parts" built radios.
I know this because I obtained one at a hamfest with the hore flash, and it was terribly out of alignment. Almost 4K off frequency and the receive was not properly set/tuned. After alignment, the radio works excellent, and I'm very happy with it.
Many nick AS3's are being used for ham radio, but some are being used in public safety, and if these radios are not properly aligned, then it can become a safety issue for the officer or whoever is using the radio.
I know this because I obtained one at a hamfest with the hore flash, and it was terribly out of alignment. Almost 4K off frequency and the receive was not properly set/tuned. After alignment, the radio works excellent, and I'm very happy with it.
Many nick AS3's are being used for ham radio, but some are being used in public safety, and if these radios are not properly aligned, then it can become a safety issue for the officer or whoever is using the radio.
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- Posts: 433
- Joined: Sun Sep 09, 2001 4:00 pm
Hightower wrote:I think Motorola has a problem with nicks radios because he never aligned them after assembling the "parts" built radios.
I know this because I obtained one at a hamfest with the hore flash, and it was terribly out of alignment. Almost 4K off frequency and the receive was not properly set/tuned. After alignment, the radio works excellent, and I'm very happy with it.
Many nick AS3's are being used for ham radio, but some are being used in public safety, and if these radios are not properly aligned, then it can become a safety issue for the officer or whoever is using the radio.
Well that may be true. But Motorola approach to those who purchased the Nick radio’s sucks. Instead of threatening them how about offering to properly align and repair what’s wrong with them. I think that would have been the best solution. Get a hint Motorola and Mr. Harrington, you even need the small fish…
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I hate arguing with stupid people. They just bring you down to their level and beat you with experience.
I hate arguing with stupid people. They just bring you down to their level and beat you with experience.
Motorola doesnt like nick radios because it devalues the image of their product, in their eyes it makes their products less secure (ie it makes it easier for joe bloggs to get a radio and program it illegally on their systemn of choice) and it takes away a small part of their market..
Why else do you think the courts/motorola came down so heavily on those firemen that bought some cheap nick radios and used them on their local systems...?
Why else do you think the courts/motorola came down so heavily on those firemen that bought some cheap nick radios and used them on their local systems...?
No, the reason for Motorola going after Nick and his radios is mostly due to the large scale of his operation. That and the whole issue with the allegedly stolen nature of the parts and the illegitimate flash code.MattSR wrote:Motorola doesnt like nick radios because it devalues the image of their product, in their eyes it makes their products less secure (ie it makes it easier for joe bloggs to get a radio and program it illegally on their systemn of choice) and it takes away a small part of their market..
If it's the story I think you're referencing, those were not Nick radios. They were department issued radios that had been re-programmed to include adjacent trunked systems.MattSR wrote:Why else do you think the courts/motorola came down so heavily on those firemen that bought some cheap nick radios and used them on their local systems...?
Radio Reference has the story here:
http://www.radioreference.com/modules.p ... le&sid=687
Also,
When I get clearance from counsel to post it, I will give you the "Direct from Mr. Harrington" definition of what is and isn't counterfeit.FAC911 wrote:Has anyone else hear or have anymore information about this issue with motorola?
Although, his general attitude has been similier to Senator Helms. "I can't tell you what obscenity is, but I'll know it when I see it."
Jeff
Emoticons are the wheel chair ramps for the emotionally handicapped.
Motorola can define 'counterfeit' any which way they want AND they can force their authorized servicers to comply with any rules they set [as far as what they can and cannot work on] Motorola has their MSS's in ironclad contracts.
Action against purchasers of Nick's radios is a entirely different matter. Howard quoted one of the previous posts from Nick himself:
watchbuddy
...
Posted: 05 Aug 2002 11:03 Post subject:
-------------------------------------------------------------------------------
"Hello All!
I figure I should jump in and set the record straight ! I have broken no laws I purchase parts and build radios I also buy auction lots and resale radios I do this for a hobby ...
In regards to lawsuits and going to jail I really doubt they want to litigate with a customer who spends $$$ and I mean Alot !..."
___________________________________________________________
What is interesting is that these statements were made here - in a public forum - almost three years ago - BEFORE Motorola took action.
Because Nick declared that he built radios from parts - he had no way to avoid that issue with Motorola - even though he felt at the time that they would not litigate due to the $$$ he was spending with them.
Two other facts are SIGNIFICANT.
1. He was BUYING the parts. IF he later failed to pay his bills - that is a receivables issue - it does NOT make those parts "stolen" or make a radio purchaser any more guilty of anything than any customer was of buying something from K-Mart the day before they went into chapter 11 and shafted their creditors.
2. Nick is ALSO on record as dealing in "auction lots and resale radios", hence it follows that, lacking detailed records to the contrary [which it has been established that Nick did not keep], it is not possible to determine from ebay records alone just who might have a parts built radio and who might have a 'resale' radio - or a rebuilt radio - or a refurbished radio.
Lacking these specifics, Motorola has insufficient evidence to seek damages from Nick for counterfeiting radios because it IS legal to refurbish radios, it IS legal to rebuild radios, and it IS legal to resell radios.
That is, unless Motorola can convince enough people to return their radios to them, whereby THEIR 'experts' can determine that the radios were parts built [beyond a reasonable doubt???]
Action against purchasers of Nick's radios is a entirely different matter. Howard quoted one of the previous posts from Nick himself:
watchbuddy
...
Posted: 05 Aug 2002 11:03 Post subject:
-------------------------------------------------------------------------------
"Hello All!
I figure I should jump in and set the record straight ! I have broken no laws I purchase parts and build radios I also buy auction lots and resale radios I do this for a hobby ...
In regards to lawsuits and going to jail I really doubt they want to litigate with a customer who spends $$$ and I mean Alot !..."
___________________________________________________________
What is interesting is that these statements were made here - in a public forum - almost three years ago - BEFORE Motorola took action.
Because Nick declared that he built radios from parts - he had no way to avoid that issue with Motorola - even though he felt at the time that they would not litigate due to the $$$ he was spending with them.
Two other facts are SIGNIFICANT.
1. He was BUYING the parts. IF he later failed to pay his bills - that is a receivables issue - it does NOT make those parts "stolen" or make a radio purchaser any more guilty of anything than any customer was of buying something from K-Mart the day before they went into chapter 11 and shafted their creditors.
2. Nick is ALSO on record as dealing in "auction lots and resale radios", hence it follows that, lacking detailed records to the contrary [which it has been established that Nick did not keep], it is not possible to determine from ebay records alone just who might have a parts built radio and who might have a 'resale' radio - or a rebuilt radio - or a refurbished radio.
Lacking these specifics, Motorola has insufficient evidence to seek damages from Nick for counterfeiting radios because it IS legal to refurbish radios, it IS legal to rebuild radios, and it IS legal to resell radios.
That is, unless Motorola can convince enough people to return their radios to them, whereby THEIR 'experts' can determine that the radios were parts built [beyond a reasonable doubt???]
And even if they do prove it, what's in it for them financially? They'd be lucky to find a court who'll award them a wooden nickel against a purchaser of a parts built radio, if they even manage to figure out some way buying a parts built radio could be illegal.
I doubt Motorola is the sort of company who pisses money up a wall on legal action purely out of principle. I have no doubt at all that these are idle threats, because as far as I can see, they're completely unenforcable.
I doubt Motorola is the sort of company who pisses money up a wall on legal action purely out of principle. I have no doubt at all that these are idle threats, because as far as I can see, they're completely unenforcable.
What's in it for them?
I don't think they ever had any intent to try to recover anything from Nick's victims - that isn't realistic. I believe they want the radios as evidence against Nick - for a judgement against him.
All they have now is the Restraining Order. He admitted he made radios from parts AND they bought a couple off ebay - so they had enough evidence to get the R.O.
They also had a list of people who bought radios off the auction sites - but that is not proof beyond a reasonable doubt that ALL of those sales were parts built.
IF they can intimidate the purchasers into returning the radios - they might be able to assert that they were 'injured' to the extent of the retail price of each radio X the quantity involved.
I doubt if the actually expect to get any $$$ out of Nick - they just want a judgement on record - further deterrence against any fool going down this road in the future.
I don't think they ever had any intent to try to recover anything from Nick's victims - that isn't realistic. I believe they want the radios as evidence against Nick - for a judgement against him.
All they have now is the Restraining Order. He admitted he made radios from parts AND they bought a couple off ebay - so they had enough evidence to get the R.O.
They also had a list of people who bought radios off the auction sites - but that is not proof beyond a reasonable doubt that ALL of those sales were parts built.
IF they can intimidate the purchasers into returning the radios - they might be able to assert that they were 'injured' to the extent of the retail price of each radio X the quantity involved.
I doubt if the actually expect to get any $$$ out of Nick - they just want a judgement on record - further deterrence against any fool going down this road in the future.
Motorola has spoken.
Hello.
Motorola has had a little talk with the Harris county DAs office.
Harris county HAD the idea that the new, nifty trunked radio system was/is 100% legal.
After reading the briefs about the wonderful system that Motorola had installed in Nevada, the DA decided to take a look-see.
As per the DA, I am to be given a subfleet on the Harris county system.
Note: not a radio ID in the system, a full subfleet.
The contract for use of the bank building is quite clear, and totally invalid.
I think I will take the one that the Motorola techs are on now.
I am to work on creating a codeplug, Harris county and I will work on some sort of fix.
The really fun part of all of this is that the original partnership with fleetcall was upheld.
Fleetcall is now nextel.
No sir, nextel can not be the source of your troubles at the site, they OWN the site.
What kind of morons are running law enforcement communications.
The marine radio channel fiasco and Motorola.
The Nevada statewide trunking system, and Motorola.
The Harris county system, and Motorola.
And no one is looking at this, until AFTER the systems are built!?
Motorola has had a little talk with the Harris county DAs office.
Harris county HAD the idea that the new, nifty trunked radio system was/is 100% legal.
After reading the briefs about the wonderful system that Motorola had installed in Nevada, the DA decided to take a look-see.
As per the DA, I am to be given a subfleet on the Harris county system.
Note: not a radio ID in the system, a full subfleet.
The contract for use of the bank building is quite clear, and totally invalid.
I think I will take the one that the Motorola techs are on now.
I am to work on creating a codeplug, Harris county and I will work on some sort of fix.
The really fun part of all of this is that the original partnership with fleetcall was upheld.
Fleetcall is now nextel.
No sir, nextel can not be the source of your troubles at the site, they OWN the site.
What kind of morons are running law enforcement communications.
The marine radio channel fiasco and Motorola.
The Nevada statewide trunking system, and Motorola.
The Harris county system, and Motorola.
And no one is looking at this, until AFTER the systems are built!?
I have been on this board a long time but I have never been able to aquire the necessary skill set to make an ounce of sense out of anything Cowthief has ever posted here. Rambling, disconnected thoughts and statements that I cannot put together into a coherent order. Is there anyone here that can translate the above post into english and determine if there is a need to use more bandwidth to communicate it to the rest of us that dont speak the language?
Chris
N9LLO
Chris
N9LLO
- richyradio
- Posts: 83
- Joined: Fri Dec 13, 2002 1:52 pm
- chipjumper
- Batboard $upporter
- Posts: 629
- Joined: Thu Nov 21, 2002 10:14 pm
- What radios do you own?: XTS5000 for work
Lets start easy.
Hello.
Lets start slow and easy, with Nevada.
http://www.nevadaobserver.com/Archive/0 ... sstory.htm
Yes, the entire system Motorola had put in place was removed from service.
At the time, Motorola worked to get Nevada to pass this little gem of a law.
http://www.dasbistro.com/pipermail/rawu ... 00214.html
Now, for something just a little bit harder.
Harris county, that is Houston Texas, had Motorola put in this trunking system.
The MSS and Motorola had not totally told the truth.
The state sided with the owner of the "wells fargo bank" building.
The current contract is with something called fleetcall.
Now, guess who fleetcall is.
http://www.nationmaster.com/encyclopedia/Nextel
The Harris county officals almost got purjury charges.
What was said was that there were NO private users on the system.
EVERYBODY was involved in law enforcement in some way or another.
Except for the little detail about the Motorola techs, with a subfleet to for just Motorola.
The judge was not amused.
The marine stunt was also quite funny.
Motorola set up some "secret" radio channels, in the VHF marine band.
The primary was 156.3 MHz, this is marine channel 6, safety and calling.
Worked OK until someone got upset over boaters on "police channels".
Lets start slow and easy, with Nevada.
http://www.nevadaobserver.com/Archive/0 ... sstory.htm
Yes, the entire system Motorola had put in place was removed from service.
At the time, Motorola worked to get Nevada to pass this little gem of a law.
http://www.dasbistro.com/pipermail/rawu ... 00214.html
Now, for something just a little bit harder.
Harris county, that is Houston Texas, had Motorola put in this trunking system.
The MSS and Motorola had not totally told the truth.
The state sided with the owner of the "wells fargo bank" building.
The current contract is with something called fleetcall.
Now, guess who fleetcall is.
http://www.nationmaster.com/encyclopedia/Nextel
The Harris county officals almost got purjury charges.
What was said was that there were NO private users on the system.
EVERYBODY was involved in law enforcement in some way or another.
Except for the little detail about the Motorola techs, with a subfleet to for just Motorola.
The judge was not amused.
The marine stunt was also quite funny.
Motorola set up some "secret" radio channels, in the VHF marine band.
The primary was 156.3 MHz, this is marine channel 6, safety and calling.
Worked OK until someone got upset over boaters on "police channels".
-
- Posts: 1477
- Joined: Sat Nov 29, 2003 10:10 pm
- What radios do you own?: AM/FM
Motorola legal team.
Hello.
The question is.
What exactly does this legal team do?
I find that Motorola could do a better job within the ranks of Motorola.
You think the state of Nevada is going to buy Motorola?
I no longer carry Motorola unless there is not a way around it, not that I am happy with this.
Yes, Motorola can make an example of Nick, but he is hated already.
So, short of upsetting everyone who uses Motorola radios, what is the point of this thing that circle M is doing?
Yes, there are issues, but it can be done just a little better.
The question is.
What exactly does this legal team do?
I find that Motorola could do a better job within the ranks of Motorola.
You think the state of Nevada is going to buy Motorola?
I no longer carry Motorola unless there is not a way around it, not that I am happy with this.
Yes, Motorola can make an example of Nick, but he is hated already.
So, short of upsetting everyone who uses Motorola radios, what is the point of this thing that circle M is doing?
Yes, there are issues, but it can be done just a little better.