Behringer fights back!

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CarmenC

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If you copy and paste Griffinator's email and send to Behringer,
here's your reply.


Dear Sir,
We refer to your email alleging our copying of Ebtech's Swiss Army 6 in 1
cable tester.
BEHRINGER takes strong objection to your baseless accusation of us stealing
Ebtech's designs. The
layout of the top of the device is simple and functional. There can hardly
be any trademark or trade dress protection which can subsist on this design.
The hardware and software in the product are designed by our own R&D
department independently. We bring to you the analogy of the simple
functional design of an electrical adaptor. We are of the view that this
product is similar and houses no intellectual property rights that is
registrable nor attributable to Ebtech.
If you are aware of any intellectual property protection that subsists in
Ebtech's product, we would appreciate if you can furnish us with the
information for further investigation.
If not, we strongly object to your act of sending such baseless emails which
damage the reputation of BEHRINGER and is defamatory of us and demand that
such actions be stopped immediately. We will pursue all legal action(s)
necessary against such conduct.
Best Regards,
Counsel, Legal & Corporate Affairs
------------------------------------------------------------------------
:eek:
Freedom of speech is expensive...
Peace.
Carmen
:)
 
Best Regards????

I best they have my best regards at hand about as much as I believe the came up with that design all by themseles.

Todd
 
I guess thats the way it is so deal with it. I just hope Dave (Dragon)doesnt get into a mess over this that may cause him legal and financial conflict because you involved his site in a big defamation hassel.

Who cares if they are guilty or not, Behringer is a monster company that can hold off big companies like Mackie. It can be a costly thing to Homerecording.com.

just my .02
 
Well that heavy handed response does it for me. I was on the fence before but now....

Hey Griff, you must be doing a good job because they are pissed off and scared....

Uli Beringher--Go get screwed!

-Jett
 
gbondo9 said:
Best Regards????

I best they have my best regards at hand about as much as I believe the came up with that design all by themseles.

Todd

That really got me, too.
Carmen
 
darrin_h2000 said:
I guess thats the way it is so deal with it. I just hope Dave (Dragon)doesnt get into a mess over this that may cause him legal and financial conflict because you involved his site in a big defamation hassel.

Who cares if they are guilty or not, Behringer is a monster company that can hold off big companies like Mackie. It can be a costly thing to Homerecording.com.

just my .02

I agree.
Carmen
 
Well, Behringer's going to have a hell of a time rounding up all the BB's and suing them - there's well over a hundred now carrying this topic (other people that feel as strongly as I do have circulated it, not me - I've only so many hours in the day)
 
You just have to know how to pick only the fights you can win. Sure you can stand alone with your principals and vote Libertarian but in the end you have thrown away your vote.

This is a fight for ebtech, focusrite,genelec,rode, and earthworks to fight. If they Know not to fight Its a pretty good sign for us to back down too.

It doent make me happy to realise maybe some people may be hurt because I buy a peice of gear, so the less I think about it the happier I am.

Hell, did you know that children that are enslaved in the Ivory coast, provide Nestlie with thier Chocolate.

DeBeers diamond Cartell financed the Al-quida (Anyone notice how those commercials dissapeared after 9-11, and the goverment says its drugs!?!?).

Hell alot worse stuff is happening in this world yet I dont see us boycotting Diamonds and Chocolate.
 
Guys... From a Business man.. (Yeah in real life I am).... Don't fuck with them, they are serious, and you could have severe personal reprocussions and serious problems for this site..

That was not a love letter or a joke... That is a "consider yourself told" letter, meaning the next one will be the lawyers papers..
 
darrin_h2000 said:
You just have to know how to pick only the fights you can win. Sure you can stand alone with your principals and vote Libertarian but in the end you have thrown away your vote.

This is a fight for ebtech, focusrite,genelec,rode, and earthworks to fight. If they Know not to fight Its a pretty good sign for us to back down too.

It doent make me happy to realise maybe some people may be hurt because I buy a peice of gear, so the less I think about it the happier I am.

Hell, did you know that children that are enslaved in the Ivory coast, provide Nestlie with thier Chocolate.

DeBeers diamond Cartell financed the Al-quida (Anyone notice how those commercials dissapeared after 9-11, and the goverment says its drugs!?!?).

Hell alot worse stuff is happening in this world yet I dont see us boycotting Diamonds and Chocolate.

Wouldn't it be great if Mackie, EbTech, Genelec, Rode, Earthworks
and anyone else that felt damaged by Behringer's practices
pooled their resources to get compensation for their designs in court?
Now that would be constructive!
Peace,
Carmen
 
CarmenC said:


Wouldn't it be great if Mackie, EbTech, Genelec, Rode, Earthworks
and anyone else that felt damaged by Behringer's practices
pooled their resources to get compensation for their designs in court?
Now that would be constructive!
Peace,
Carmen

See my post on the other thread. It's the same reason why Mackie was forced to settle their lawsuit with Behringer. It's despicable how certain crucial rights in innovation do not pass back and forth across the Atlantic.
 
Griffinator said:


See my post on the other thread. It's the same reason why Mackie was forced to settle their lawsuit with Behringer. It's despicable how certain crucial rights in innovation do not pass back and forth across the Atlantic.

While you have a minor point with products losing a certain amount a protection in Europe vs. US (just ask Bayer the patent holder for Aspirin!), I think that where it counts most (in the US), there is the possibility for not only cease and desist options, but also financial redress.

This would apply in the US and Mackie has already settled a lawsuit of this nature against Behringer that forced modifications to their Eurodesk series and a discontinuation of certain Eurodesk Models in the US.

Just because you might not win in the EU doesn't mean you won't win in the US.
 
aaronscool said:


While you have a minor point with products losing a certain amount a protection in Europe vs. US (just ask Bayer the patent holder for Aspirin!), I think that where it counts most (in the US), there is the possibility for not only cease and desist options, but also financial redress.

This would apply in the US and Mackie has already settled a lawsuit of this nature against Behringer that forced modifications to their Eurodesk series and a discontinuation of certain Eurodesk Models in the US.

Just because you might not win in the EU doesn't mean you won't win in the US.

I concur.

But Ebtech is not Mackie. Ebtech does not have millions of dollars in available resources to get involved in a lengthy court battle with Behringer. Court cases like this have bankrupted bigger companies than Ebtech before a decision was ever rendered.
 
The reverse engineering isn't what gets me so much....

What gets me is a corporation trying to chill free speech with threats of defamation. There is no need to be lily-livered about this.

Behringer obviously has as much respect for the consumer as they have for their competitors.

If anyone is worried about defamation frame your argument like this:

"Here is product A. Here is product B. Draw your own conclusions. I for one cannot support Behringer."

It would be very hard for them to nail you for that. (It would be hard for them to nail you at all, but there is a slim chance.)

Darrin you bring up a whole new can of worms: Human Rights. I agree that it is in many ways an unwinnable battle. But that wasn't always the case. We slowly gave up our rights to corporations and politicians over the last twenty years. To live in this country you have very little choice except to be part of the problem.

By remaining silent over something like this, you allow big money (in this case Behringer) to have more control over you over your rights. What does freedom of speech mean if you can't speak your mind for fear of hurting a companies feelings. Not a whole hell of a lot.

The free market works great up until a point. What if the only audio company was Behringer?

I say spread the news (be careful how you spread it) and don't buy Behringer. (I never thought hear my self saying something like this.) Behringer wants this discussion stopped.

Fuck off Behringer!

-Jett
 
Fellow forum members,

I have purchased letters of similar length and quality from general counsel for about $175 each (the price of the FMR "Really Nice Compressor," just to put the amount into perspective). It's a standard 1/2 hour charge.

I've drafted more than a few such letters myself in the last 30 years.

Make your opinions clear, and state them as such. Do your research, ask questions, and do not be intimidated by bluster from anyone. Don't speculate.

If you have concerns regarding your liability for anything you've written here or elsewhere, check with your attorney, of course. However, don't be too surprised if he or she laughs out loud and tells you very plainly what I can only imply.

With kind regards,

Mark H.
 
Hell, Im an Engineer, And I dont even need to open the box to replicate whats inside.

The real crooks here are the companies that sell you a black box with a battery, a few wires and adapters, with a few leds. for 150.00. I can build you one for 3.00. Thats why I think Ebtech deserves to be blown out of the water by a huge conglomerate.

If the box were designed just a little differently noone would be bitching about it at all. The only thing they are guilty of is being tacky.
 
FYI, Bayer is a German company --- damage done to German chemicals, now German audio wins back the lost sales? :)
 
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