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 Bob 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 email to email@example.com.
The following email 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 business necessities. 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.