Re: Class Action Lawsuit Against Phase One / Capture One

Discussion in 'Digital Photography' started by DiViNcI cOdE, Apr 25, 2005.

  1. DiViNcI cOdE

    DiViNcI cOdE Guest

    > would want to keep Michael Tapes and rawworkflow.com out of it
    > as he has done everything he could to help us achieve what we wanted
    > even if Phase One changed their offer after the fact.


    It would certainly be difficult to separate Michael Tapes dba
    rawworkflow.com from any litigious action against Phase One, nor would any
    competent attorney in the United States even attempt same. The (unfortunate)
    fact is that Michael in his bonafide capacity with Phase One transmitted
    through his website and profited therefrom certain offerings which were
    later recanted. Although the recantation originated after his separation
    from Phase One, all persons who profited from the alleged misrepresentations
    could be held accountable for a portion of any award the court would make.
    Add to that other pertinent facts-- that Rawworkflow.com, based in the
    United States, is certainly a more tangible target for a "stateside action"
    (that's the popular expression in Euro-legal circles), and recent rulings by
    the Federal Trade Commission regarding Internet sales and their inclusion
    into telephone and mail order statutes, both at the federal and state
    levels, would seem to make rawworkflow.com more accessible and open to
    litigation. Although there has been a "separation" of rawworkflow.com from
    Phase One, at the time the offer was tendered Michael was represented as the
    Senior Software consultant of Phase One, a prestigious title which also
    imparts a culpable amount of authority to make representations on behalf of
    Phase One. Even at this late hour, the rawworkflow.com forums could be
    construed by some to be quasi-official instrument of Phase One. The bottom
    line here is that even after-the-fact, you cannot separate rawworkflow.com
    from Phase One-- the popular legal expression you see on Page One of any
    action is the famous "et al" term--- from the Latin legal term, et alia,
    which basically means "and others", to include all parties who were part and
    parcel of the alleged activities at the time of their commission.
    DiViNcI cOdE, Apr 25, 2005
    #1
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  2. DiViNcI cOdE

    L Bridges Guest

    Does anyone know if the action has already commenced and how or where one
    can be included as a party to this action?


    "DiViNcI cOdE" <> wrote in message
    news:UH4be.2166$...
    > > would want to keep Michael Tapes and rawworkflow.com out of it
    > > as he has done everything he could to help us achieve what we wanted
    > > even if Phase One changed their offer after the fact.

    >
    > It would certainly be difficult to separate Michael Tapes dba
    > rawworkflow.com from any litigious action against Phase One, nor would any
    > competent attorney in the United States even attempt same. The

    (unfortunate)
    > fact is that Michael in his bonafide capacity with Phase One transmitted
    > through his website and profited therefrom certain offerings which were
    > later recanted. Although the recantation originated after his separation
    > from Phase One, all persons who profited from the alleged

    misrepresentations
    > could be held accountable for a portion of any award the court would make.
    > Add to that other pertinent facts-- that Rawworkflow.com, based in the
    > United States, is certainly a more tangible target for a "stateside

    action"
    > (that's the popular expression in Euro-legal circles), and recent rulings

    by
    > the Federal Trade Commission regarding Internet sales and their inclusion
    > into telephone and mail order statutes, both at the federal and state
    > levels, would seem to make rawworkflow.com more accessible and open to
    > litigation. Although there has been a "separation" of rawworkflow.com from
    > Phase One, at the time the offer was tendered Michael was represented as

    the
    > Senior Software consultant of Phase One, a prestigious title which also
    > imparts a culpable amount of authority to make representations on behalf

    of
    > Phase One. Even at this late hour, the rawworkflow.com forums could be
    > construed by some to be quasi-official instrument of Phase One. The bottom
    > line here is that even after-the-fact, you cannot separate rawworkflow.com


    > from Phase One-- the popular legal expression you see on Page One of any
    > action is the famous "et al" term--- from the Latin legal term, et alia,
    > which basically means "and others", to include all parties who were part

    and
    > parcel of the alleged activities at the time of their commission.
    >
    >
    L Bridges, Apr 25, 2005
    #2
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  3. DiViNcI cOdE

    Alan Browne Guest

    Alan Browne, Apr 25, 2005
    #3
  4. DiViNcI cOdE

    Bill Hilton Guest

    > Does anyone know if the action has already commenced ...

    It hasn't "commenced" ... it's just some guys blowing off steam right
    now, making threats in hopes of getting a refund on the SE upgrade
    packages they bought.

    > ... or where one can be included as a party to this action?


    Seems to be limited to people who bought the SE version and also bought
    the five upgrade SE bundle, which is a pretty limited class. When
    Phase One dropped the SE version (which I use) they offered users a
    free upgrade to Pro (ie, moving from a $250 version to a $500 version
    for free) and changed the terms of the paid up upgrades. People who
    bought the upgrade package feel they got a raw deal, hence the
    complaints. But it's unlikely there are enough people included in this
    group to warrant a class action lawsuit (ie, no lawyer will pick it up
    since the numbers are too small).

    Bill
    Bill Hilton, Apr 25, 2005
    #4
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