K
kwamevincent
Guest
To Whom it may concern 3-09-2001
I am hoping if you could give me legal advice on my current legal dilemna ,which apparently is quite unique.
Sometime,in 1998 I was advertising the sale of computer cds in the classified ads in a daily newspaper in my country,Trinidad.The content was secondhand originals and burned cds.A business establishment by the name of CD-ROM LIBRARY became aware of my activities and accused me of piracy.I ignored their accusations acknowledging that I have violated copyright laws with respect to certain cds I was selling.Some months later I returned home to find my place ransacked and articles removed concerning mainly cds..I was advised that an anton pillar order was served on me and an injunction which required me to stop copying cd rom software.I was also advised that The CD-ROM library was suing me under the protection of unfair competion act of 1996 which states the following:In addition to the acts and practises referred to in section 5 to 9 ,any act or practice,in the course of industrial or commercial activities,that is contrary to unfair trade practices shall constitute an act of unfair competion.My alleged piracy is identified as such an act.
Since this action I have discovered that the plaintiff is not a copyright owner nor an authorised distibutor of any cds that they sell.I have also discovered that they tried to solicite the aid of the various copyright owners in this action.The were turned down by all of the various companies.Further,one company questioned their own legitimacy since they assert that their product is not supposed to be selling in the Carribean.They conclude that at the very least that the plaintiff is selling GREY MARKET goods.At the worst they could be selling counterfeit.The plaintiff has also conveniently failed to identify their supplier.Furthermore the plaintiff admits to renting the computer software in their store although they have not received any authorisation from the copyright owner.They also unpack bundled software and sell them singularly to increase profits and they sell oem products which are required to be sold with a computer system.
At this point I have gone through two attorneys who clearly do not understand the issues and have ill advised me.I am currently unrepresented.I have been searching world-wide to find a case of a similar nature which I can get guidance from.I have been advised that I may not find one,since this action is unprecedented.I believe I should be looking in the area of actions taken by one party on another in respect to unfair trading,where the defendant is selling an alleged contrabrand product significantly cheaper than the plaintiff.I would also like to know if a grey market trader has the right to be protected by the law of fair trading.Any case history supporting this will be invaluable to me.Lastly,can a non copyright owner get an anton piller order which is related to seizure of pirated software.Has this ever happened?
My current status is such:I am being sued by a large business which has three branches in this country.If they get judgement:to pay them I will lose every thing that I have.I am still paying through the bank loans I took out to pay the first two attorneys.I cannot afford another at this point.I have asked the judge at the last cause list hearing to give me more time to retain a lawyer.I believe this action has no place in the high court,and I am determined to have my day in court.I was a good customer of the plaintiff before I started doing my own thing,and that is what has riled them.They are fully aware of others in this country who are also selling boot leg cds and who currently are.
I am hoping your legal expertise can help put me in the right direction,whatever input you can make will greatly be appreciated.I thank you in advance. Kwame Vincent
I am hoping if you could give me legal advice on my current legal dilemna ,which apparently is quite unique.
Sometime,in 1998 I was advertising the sale of computer cds in the classified ads in a daily newspaper in my country,Trinidad.The content was secondhand originals and burned cds.A business establishment by the name of CD-ROM LIBRARY became aware of my activities and accused me of piracy.I ignored their accusations acknowledging that I have violated copyright laws with respect to certain cds I was selling.Some months later I returned home to find my place ransacked and articles removed concerning mainly cds..I was advised that an anton pillar order was served on me and an injunction which required me to stop copying cd rom software.I was also advised that The CD-ROM library was suing me under the protection of unfair competion act of 1996 which states the following:In addition to the acts and practises referred to in section 5 to 9 ,any act or practice,in the course of industrial or commercial activities,that is contrary to unfair trade practices shall constitute an act of unfair competion.My alleged piracy is identified as such an act.
Since this action I have discovered that the plaintiff is not a copyright owner nor an authorised distibutor of any cds that they sell.I have also discovered that they tried to solicite the aid of the various copyright owners in this action.The were turned down by all of the various companies.Further,one company questioned their own legitimacy since they assert that their product is not supposed to be selling in the Carribean.They conclude that at the very least that the plaintiff is selling GREY MARKET goods.At the worst they could be selling counterfeit.The plaintiff has also conveniently failed to identify their supplier.Furthermore the plaintiff admits to renting the computer software in their store although they have not received any authorisation from the copyright owner.They also unpack bundled software and sell them singularly to increase profits and they sell oem products which are required to be sold with a computer system.
At this point I have gone through two attorneys who clearly do not understand the issues and have ill advised me.I am currently unrepresented.I have been searching world-wide to find a case of a similar nature which I can get guidance from.I have been advised that I may not find one,since this action is unprecedented.I believe I should be looking in the area of actions taken by one party on another in respect to unfair trading,where the defendant is selling an alleged contrabrand product significantly cheaper than the plaintiff.I would also like to know if a grey market trader has the right to be protected by the law of fair trading.Any case history supporting this will be invaluable to me.Lastly,can a non copyright owner get an anton piller order which is related to seizure of pirated software.Has this ever happened?
My current status is such:I am being sued by a large business which has three branches in this country.If they get judgement:to pay them I will lose every thing that I have.I am still paying through the bank loans I took out to pay the first two attorneys.I cannot afford another at this point.I have asked the judge at the last cause list hearing to give me more time to retain a lawyer.I believe this action has no place in the high court,and I am determined to have my day in court.I was a good customer of the plaintiff before I started doing my own thing,and that is what has riled them.They are fully aware of others in this country who are also selling boot leg cds and who currently are.
I am hoping your legal expertise can help put me in the right direction,whatever input you can make will greatly be appreciated.I thank you in advance. Kwame Vincent