Can a Customer take their IP's with them? (Court says yes!)

Tue Jun 29 21:00:42 UTC 2004

On Tue, 29 Jun 2004 21:07:32 +0100 (BST), Stephen J. Wilcox
<steve at telecomplete.co.uk> wrote:
> 
> 
> Hi James,
>  i would agree except NAC seems to have done nothing unreasonable and are
> executing cancellation clauses in there contract which are pretty standard. The
> customer's had plenty of time to sort things and they have iether been unable to
> or unwilling to move out in the lengthy period given.

How do you arrive at this conclusion? Did you read the filings? This is not
the customers position. Since I have only the customers filings and the judges
TRO online it maybe that NAC has counter claims of their own.  However
in that case both parties would have put forth reasonable postions and the
I believe the standard then would be that the judge would have to look
at the harm
done to both parties.  In the case of the customer they present an at
least passable
case that  this will cause them to be put out of business.  Thus the judge says,
Ok you keep paying NAC what you were paying them and NAC you work with
them to transtion   NAC can certainly challenge the TRO as indicated in the
document itself

> This too isnt uncommon and the usual thing that occurs at this point is the
> customer negotiates with the supplier for an extension in service which they pay
> for.

And they claim they did but that NAC did not negotiate in good faith.
Also that as NAC
has indicated a desire to purchase them may have reason not to
negotiate in good faith.

-- 
Brad Passwaters
------------------------------------------
brad.passwaters at gmail.com