EVERGREEN TECHNOLOGY THREATENS SMALL RESELLER FOR LINKING TO THEIR WEBSITE!!

HERE IS THE MESSAGE THREAD FROM KEN MAGEE, PRESIDENT OF EVERGREEN TECHNOLOGIES, WHO THREATENED US AND DID NOT RESPOND TO OUR QUESTIONS AS TO WHY IT WAS "ILLEGAL" TO LINK TO THEIR WEBSITE, AS ANY PERSON COULD FREELY ACCESS THEIR SPECTRA 333/400 UPGRADE/DIAGNOSTIC PROGRAM TO BE DOWNLOADED FROM THEIR WEBSITE. THIS TECHSUPPORT PAGE IS:

http://www.evertech.com/tsupport.asp?supporttype=spectra400&from=

WHICH HAS A LINK AT THE BOTTOM OF THE PAGE TO:

http://www.evertech.com/files/spectrafiles/SIV4200.exe

WE HAVE FOUND THAT THIS PROGRAM IS VERY USEFUL IN IDENTIFYING WHETHER A BIOS UPGRADE IS AVAILABLE FOR AMD K6-2 CPU UPGRADE KITS. THE ADVANTAGE OF EVERGREEN'S PRODUCT COMPARED TO OTHERS THAT WE SELL IS THAT THEY BUNDLE BIOS UPGRADES WITH THEIR PRODUCTS. WE TELL OUR CUSTOMERS ABOUT THIS UPGRADE KIT AS AN OPTION IF A BIOS UPGRADE IS NEEDED. IT IS DISTURBING THAT WE CAN NOT LINK TO A PUBLIC SITE ESPECIALLY IF WE ARE WILLING TO SELL THEIR PRODUCTS AS WE HAVE ACCESS TO THEIR PRODUCT LINE FROM TWO OF THEIR AUTHORIZED DISTRIBUTORS:

NOTE/UPDATE: We have not heard a single peep from Paranoid & Threatener Ken since we posted this email response to him and his attorney!

From interwb@yahoo.com  Tue Mar 21 18:20:02 2000
Date: Tue, 21 Mar 2000 18:20:22 -0800 (PST)
From: George Wang 
Subject: RE: Illegal Use of Evergreen's website and software
To: Kenneth Magee 
Cc: "Peter Staples (E-mail)" , gcw@interwb.com

You can pursue as you wish, but now you have made a
public relations blunder. I will remove the link to
your site but will post a copy of our email dialogue
on our site which shows the kind of business your
company is. I will let everyone and anyone know the
kind of company you are and will submit copies of your
letter to trade magazines and associations.

You had a chance to resolve this peacefully but you
chose the other route.

There is nothing illegal in what I have done in making
a link to your site and was willing to recommend your
products in cases where a BIOS upgrade is needed. Now
I will definitely NOT recommend your company to
others.

George


--- Kenneth Magee  wrote:
> Dear George,
>
> Your company seems intent on stealing Evergreen's
> software to distribute with your competitive
> products.  I am forwarding this on to my lawyer to
> take action to the full extent of the law.
>
>
> Kenneth Magee
> Evergreen Technologies, Inc.
>
>
> -----Original Message-----
> From: George Wang [mailto:interwb@yahoo.com]
> Sent: Tuesday, March 21, 2000 4:57 PM
> To: Kenneth Magee
> Cc: pete@chernofflaw.com; gcw@interwb.com
> Subject: RE: Illegal Use of Evergreen's website and
> software
>
>
> Mr. Magee,
>
> I would like to resolve this with you peacefully.
> Why
> can't a reseller of your products link to your
> website? I know of NO other company in the computer
> industry that does not allow an site to be linked
> to.
> There is nothing in the laws that prevents the
> linking
> of one site to another unless the site is clearly
> private and not intended for public access. However
> the link we have is clearly a publicly accessible
> page. If your attorney can provide us with an
> example
> where linking to a webpage which can be easily and
> freely accessed by anyone else on the internet IS
> ILLEGAL that would be an eye opener to me.
>
> Your point of distributing your software with
> another
> product is certainly understood.
> We do refer people to your spectra
> upgrade link as a way to determine whether the
> spectra
> upgrade can be purchased as an upgrade solution.
>
> I think the REAL reason you are pursuing this matter
> is simply because we also represent a competitor
> product of yours, Powerleap. We also sell from time
> to
> time Kingston's product as well. Its a free market
> and
> I will not be bullied into the non-free sale market
> that best suit our customers.
>
> I would appreciate a prompt response in this matter.
> I hope we can resolve this. As I said before your
> customer service agent said that if we added a
> listing
> for your products that would suffice, and I do plan
> to
> do that, at least I did before I got your nasty note
> which makes me question the integrity and business
> practice of your company.
>
> What is it that says that we can not be a reseller
> of
> your products when you distribute to a distributor
> who
> we are a customer of?
>
> I will update my website as soon as possible, and
> make
> changes accordingly based on what we can come to an
> agreement on.
>
> George
>
>
> --- Kenneth Magee 
> wrote:
> > Dear Mr. Wang,
> >
> > After reading your email, it appears that you
> don't
> > understand that Interweb is violating the law.
> You
> > do not have Evergreen's permission to link to our
> > site or provide access to our software.  I will
> > protect our legal rights to our intellectual
> > property to the full extent of the law.  Change
> your
> > website immediately.
> >
> > Kenneth Magee
> > President
> > Evergreen Technologies, Inc.
> >
> > -----Original Message-----
> > From: George Wang [mailto:interwb@yahoo.com]
> > Sent: Tuesday, March 21, 2000 4:38 PM
> > To: Kenneth Magee; 'gcw@interwb.com'
> > Cc: Peter Staples (E-mail)
> > Subject: Re: Illegal Use of Evergreen's website
> and
> > software
> >
> >
> > I already responded to your previous email. Kindly
> > read it. Thank you.
> >
> > --- Kenneth Magee 
> > wrote:
> > > March 21, 2000.
> > >
> > > George C. Wang
> > > President
> > > Interweb Computer Solutions, Inc.
> > > www.interwb.com
> > >
> > >
> > > Attention Mr. Wang,
> > >
> > > It has come to our attention that your company
> is
> > > linking to our website without our permission.
> > > Please cease this activity immediately.  If you
> > are
> > > providing any of our software with your products
> > > without our permission, we will pursue legal
> > > remedies immediately.  I am copying this notice
> to
> > > my attorney.
> > >
> > > Sincerely,
> > >
> > > Kenneth Magee
> > > President,
> > > Evergreen Technologies, Inc.
> > >
> > >
> > >

Date: Tue, 21 Mar 2000 16:27:47 -0800 (PST) 
From: George Wang   | Block address 
Subject: Re: Illegal Use of Evergreen Technologies, Inc. website and Software 
To: Kenneth Magee , "'info@interwb.com'"  
CC: "Peter Staples (E-mail)" , gcw@interwb.com 
        Add Addresses  
 


I already received an email from your customer service
rep. I already responded to him and told him that we
do make your products available for sale. He said this
was ok. But now we receive this nasty message from
you.

We actually are a reseller of your products, we
actually signed up as a reseller of your products many
years ago. So I really don't appreciate the tone of
this message. We plan to update our site to include
listings for your products but have not had a chance
to do so. We have accounts with both Techdata and
Ingram Micro.


--- Kenneth Magee  wrote:
> It has come to our attention that you are linking to
> our website without our permission.  Please cease
> this activity immediately.  If you are providing any
> of our software with your products without our
> permission, we will pursue legal remedies
> immediately.  I am copying this notice to my
> attorney.
> 
> Sincerely,
> 
> Kenneth Magee
> President,
> Evergreen Technologies, Inc.
> 


===============================================================================
HERE IS THE ORIGINAL MESSAGE THREAD I RECEIVED FROM EVERGREEN'S CUSTOMER SERVICE REP
WHO SEEMED FAIRLY FRIENDLY, AND I THOUGHT WAS RESOLVED. BUT APPARENTLY NOT.....

From:    | Block address 
To: "'George Wang'"  
        Add Addresses  
 

Ok glad to here it.

If you have any technical questions about the upgrade feel free to ask.
To expedite your call resolution please include all past correspondence
Rep XXX (anonymous for protection/retribution by Evergreen)
Customer Care Center
Evergreen Technologies Inc.

Phone: 541 757 7341
Fax: 541 752 9851
E-Mail: techsupport@evertech.com   
 >
Website: http://www.evertech.com   
 >

		-----Original Message-----
		From:	George Wang [mailto:interwb@yahoo.com]
		To:	XXXX
		Cc:	interwb@yahoo.com
		Subject:	Re: You should link to our accelera install disk instead.

		Hi there
		Thanks for the note, actually we do sell your
		Evergreen Spectra upgrade, although its not listed, we
		do indeed sell the item. We normally recommend you
		folks when the customer prefers a well known brand
		name. Thanks.

		--- Rep XXX  wrote:
		> We have a lot of paranoia about people using our
		> tech support which makes it very difficult for us to
		> get anything on the web. This makes my life hard. So
		> could you link to a different disk.
		> 
		> The Accelera install disk is very similar to the
		> Spectra install disk but doesn't have do any BIOS
		> upgrades. It will give you information on the
		> machine just like the Spectra but will arouse less
		> concern in our upper management.
		> 
		> Or you could sell our upgrades on your site.
		> 
		> 
		>