Let The Legal Challenge Begin - VB Enterprise Translator

محروم.كوم · #1 05-20-2010, 02:10 AM

Without Prejudice

A recent purchase of this product from myself has now escalated to a legal challenge against Michał Podbielski and myself. Initially I removed his branding credit and placed it within my site design onto an image. Now, without defined link law still to date, my solicitor notified me yesterday that because he does stipulate "You are NOT allowed to remove vBETTM credit link, or use vBETTM in Branding Free version (BF) unless you buy separate "Branding Free" license", he would have actually had me legally upon challenge, however; due to the fact that he was so insistent upon this link being in place, I then began to read his policy and noted his stringent terms against file modification. So I went looking as to why.

What I found, and my specialist solicitor for copyright, intellectual property and licensing law confirmed yesterday, is that his entire license agreement is null and void to not only myself, though every single prior licensee that has ever downloaded his software. Why? Because within the file /includes/vbenterprisetranslator_functions_url.php he has a rotating keyword campaign contained, randomly linking keyword phrases to his website at intervals. Whilst a credit link is one thing, there is absolutely no way in which to explain this to a judge outside of a targeted advertising campaign being run unknowingly upon each license holders website. Knowing what you purchase and agreeing to those known aspects is one thing, not knowing that a random advertising campaign is being run upon your website is a whole entire other thing.

So, my legal advice has now confirmed that this entire legal agreement is null and void. When Google spiders your website, Google will actually cache different keyword phrases linked too his website upon spidering your website and caching your content. This is what negates a search engine advertising campaign being run upon your website, for vbenterprisetranslator.com, without your knowledge to consent. This is the legality that Michał Podbielski has screwed himself.

I sent this guy a message last night, outlining that I was wrong in some aspects, yet it is now legally found that his license agreement is null and void. My offer was simple, as per my solicitor suggested to reduce the legal burden and costs for something that could have been sorted out so easily. He either changed his license terms to outline this method being run within his software upon his license agreement, or remove the advertising campaign from the software, I pay the $130 branding free fee and all is well.

Well... his response was complete ignorance, claiming he has no further requirement to support his product and he will proceed to cancel my purchased license and submit me an invoice for $5000 which he has decided is a fair payment. We won't get into that for anyone who can already see that issue, as he also believes he can makeup his own amount for fines and issue them. This is the mentality and I am sure he failed to seek any type of legal advice before actually writing his license. Whilst he is correct in one statement to me that he can write whatever he wants within his license, and each purchaser agrees to those terms, whether the terms actually have any legal validity to be contained within such an agreement within the first place is a whole other thing.

Watch this space for the following legal challenge.

The best thing, as at right now, his entire license agreement is classified null and void, thus there is no requirement to include his illegal hyperlinked advertising campaign to his website for myself. Obviously I would not encourage others to take such steps at this stage, as the following legal challenge will show further, which will then clearly outline to all past license holders of this software whether they even need leave such a statement in place or not. We will see over the coming months.

I am a pretty fair and reasonable person... and I admit that I initially did the wrong thing with moving his branding to my design, though it wasn't a blatant knowing act against him or his license, as vBulletin and nearly every other provider allows such things, as long as you have it within your design.

Just because this guy has now pissed me off, I am thinking of financing a coder to make a direct competitive product, fully featured, as a free download (support subscription for a low fee), just to wipe this guy out of the market place all together and rid his dirty hidden tactics from prospective vBulletin users.

I cannot deny his software is a good idea, it works quite well and its a nice piece of software. A bit expensive for what it is as it only integrates Google translate, it doesn't actually perform the translation itself, but still decent apart from his deceptive little advertising campaign hidden within his code.

I have been documenting all this on my little hate site setup for this... which my lovely solicitor gave me the legal term "without prejudice" to be added, just negating anything being used against me by him, thus making my counter website about the entire situation legally binding: www.vbenterprisetranslator.info.

Now my next move is to await for his license cancellation... which not sure how he can do that since one doesn't actually exist now, then his scary illegal invoice for charges, hand it all to my solicitor to then legally bash it back up his backside with legal force. All I will say is... I hope he has the $$$, because I have nothing better to do with my time and money than to help the world for the right reasons and rid it off parasites doing deceptive little things. I can't stand sneaky, deceptive people. What ever happened to honesty is the best policy? I was certainly initially wrong in this, but now he is wrong, yet just not man enough to admit it.

Here is what he is deceptively running within his file without disclosure to the purchaser:

PHP Code:
function vbenterprisetranslator_creditlink() {
$address = 'http://www.vbenterprisetranslator.com/';
if ($_REQUEST['language']) {

$address .= $_REQUEST['language'].'/';
}
static $vbet_LinkTitles = array(
'vBulletin automatic translations supported by vB Enterprise Translator (vBET 4.2.2)',
'vBulletin automatic translations made by vB Enterprise Translator (vBET 4.2.2)',
'vBulletin automatic translations thanks to vB Enterprise Translator (vBET 4.2.2)',
'vBulletin automatic translations supported by vBET - vB Enterprise Translator 4.2.2',
'vBulletin automatic translations made by vBET - vB Enterprise Translator 4.2.2',
'vBulletin automatic translations thanks to vBET - vB Enterprise Translator 4.2.2',
'Translations for vBulletin supported by vBET - vB Enterprise Translator 4.2.2',
'Translations for vBulletin supported by vB Enterprise Translator (vBET 4.2.2)',
'Automatic translations for vBulletin supported by vBET - vB Enterprise Translator 4.2.2',
'Automatic translations for vBulletin supported by vB Enterprise Translator (vBET 4.2.2)',
'Translations for vBulletin made by vBET - vB Enterprise Translator 4.2.2',
'Translations for vBulletin made by vB Enterprise Translator (vBET 4.2.2)',
'Automatic translations for vBulletin made by vBET - vB Enterprise Translator 4.2.2',
'Automatic translations for vBulletin made by vB Enterprise Translator (vBET 4.2.2)',
'Translations for vBulletin thanks to vBET - vB Enterprise Translator 4.2.2',
'Translations for vBulletin thanks to vB Enterprise Translator (vBET 4.2.2)',
'Automatic translations for thanks to vBET - vB Enterprise Translator 4.2.2',
'Automatic translations for thanks to vB Enterprise Translator (vBET 4.2.2)'
);
$title = $vbet_LinkTitles[abs(crc32($_SERVER['REQUEST_URI']) % sizeof($vbet_LinkTitles))];
$links = array(
'Translations by vB Enterprise Translator 4.2.2',
'Translations by vB Enterprise Translator 4.2.2',
'Translations made by vB Enterprise Translator 4.2.2',
'Translations supported by vB Enterprise Translator 4.2.2',
'Translations delivered by vB Enterprise Translator 4.2.2',
'vBET 4.2.2 gives automatic translations',
'vBET 4.2.2 gives automatic translations',
'vBET 4.2.2 supports automatic translations',
'vBET 4.2.2 brings automatic translations',
'Integration with Google translations by vB Enterprise Translator 4.2.2',
'Thanks to vBET 4.2.2 enjoy automatic translations',
'Thanks to vBET 4.2.2 you can enjoy automatic translations',
'Thanks to vBET 4.2.2 you can enjoy automatic translations',
'Translated to other languages thanks to vB Enterprise Translator 4.2.2',
'Translated to other languages thanks to vB Enterprise Translator 4.2.2',
'Translated to other languages supported by vB Enterprise Translator 4.2.2',
'Translated to other languages supported by vB Enterprise Translator 4.2.2',
'Translations by vBET translator 4.2.2',
'Translations by vBET Translator 4.2.2',
'Translations made by vBET Translator 4.2.2',
'Translations supported by vBET Translator 4.2.2',
'Translations delivered by vBET Translator 4.2.2',
'Integration with Google translations by vBET Translator 4.2.2',
'Translated to other languages thanks to vBET Translator 4.2.2',
'Translated to other languages thanks to vBET Translator 4.2.2',
'Translated to other languages supported by vBET Translator 4.2.2',
'Translated to other languages supported by vBET Translator 4.2.2',
'Multilingual community supported by vBET Translator 4.2.2',
'Multilingual forum supported by vBET Translator 4.2.2',
'Languages translations supported by vBET 4.2.2',
'Languages translations supported by vBET 4.2.2',
'Languages translations delivered by vBET 4.2.2',
'Languages translations made by vBET Translator 4.2.2',
'Languages translations supported by vBET 4.2.2',
'Languages translations delivered by vBET 4.2.2',
'Languages translations made by vBET 4.2.2',
'Translations supported by vBET 4.2.2',
'Translations supported by vBET 4.2.2',
'Translations delivered by vBET 4.2.2',
'Translations made by vBET 4.2.2',
'Translations supported by vBET 4.2.2',
'Translations delivered by vBET 4.2.2',
'Translations made by vBET 4.2.2'
);
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