|Some BTA Members may have questions regarding the recent price increase from OMD and how to respond.
Below is a checklist provided by BTA General Counsel Robert C. Goldberg with guidelines to follow.
- Locate and review your original License Agreement.
- Determine what you licensed/purchased.
- Is there a "cap" on increases of license fees? (Typically 5%)
- What is the expiration date of the software currently being used?
- Have you downloaded the latest software and accepted the new License Agreement?
- If so, consider sending the following letter to OMD: Click here to download sample letter.
- Note that the latest software allows OMD to access your server — to the extent of which is unknown.
- Has OMD offered you a Confidentiality and Non-Disclosure Agreement as a prelude to discussing your situation?
- If you would like to receive updates on the OMD situation, please send an e-mail to email@example.com.
6/7/07: The following e-mail from OMD Corp. CEO Don Weary was received June 6, 2007, by BTA Executive Director Brent Hoskins:
Brent, I wanted to drop you line
to cover a rumor I have heard. I have heard several references to
customers we have cut off. I would like you to know that we have not
cut off any of our customers, and we do not want to cut off any of our
customers. We continue to reach out to each and every customer to try
and help them understand all the value packed into the new deal and our
While no one likes the way
we introduced the changes, most agree to the value and most of our
customer base have accepted the new deal and are paying their new deal
invoices. For those who have not accepted the new deal (And, in fact,
there some who have not paid us anything for four months.), we continue to
try and work with them on a business level to resolve the issues.
Thanks and I hope all is going well.
Per Robert C. Goldberg, BTA General Counsel:
Dealer frustration with the excessive rate increases has
resulted in preparation and soon-to-be filed lawsuits against ECI2. BTA
is assisting with several of these actions and will report the results
on this site. Although the actions supported by BTA are not class
actions, the results (injunctive) should be of assistance to all OMD
users. A special thank you to Toshiba and Rick Taylor for providing
financial support on behalf of all OMD users.