NeoSmart Executive Announcement!

NeoSmart Technologies has reached a parting of ways with PROnetworks. Since the release of VistaBootPRO, PROnetworks has become increasing uncomfortable with its agreed-upon role in the publication of VistaBootPRO and the ratio of attention and recognition for VistaBootPRO at NeoSmart Technologies compared to that at PROnetworks; and it seems as a result they have served NeoSmart Technologies a Cease & Desist order.

When VistaBootPRO was first released, the agreement was that the Computer Guru (NeoSmart Technologies' founder) would receive full and unrestricted credit/rights as VistaBootPRO's original author, creator, and maintainer; whereas PROnetworks would retain the copyright and sole publication rights to VistaBootPRO. Unfortunately, since then PROnetworks has decided to renege on its former position, and have served us with a C&D order asking us to

..which withdraws any right by you to claim to be the publisher and author of this application and you must Desist from using VBP, or attempting to distribute VBP under the aforesaid name.

This unfortunately poses a problem for NeoSmart Technologies.

We do not have any intention of stopping our use of the program under the terms of VistaBootPRO's license (which, ironically, was written by the Computer Guru himself) which calls for free unlimited and unrestricted fair use of the program, allowing anyone to use and/or redistribute VistaBootPRO. It will also be difficult for the Computer Guru to suddenly stop being the original author of a program he spent months-on-end developing, and it isn't within PROnetworks' rights to demand such a thing, nor in the realm of possibility for them to change the past.

However, NeoSmart Technologies intends to fully comply with the Cease & Desist order (copied in full below) where it is within the rights of PROnetworks to make any such demands, and as such, neither NeoSmart Technologies nor the Computer Guru will continue development of VistaBootPRO or the use of that name in association with any of our products.

We're highly disappointed that PROnetworks felt the need to serve the author of a program a Cease & Desist, and it makes us wonder as to the real reasons behind it, but as aforementioned we do intend to follow it as far as PROnetworks' rights are concerned; however, beyond that NeoSmart Technologies refuses to comply where it is in our rights and fair-use to continue to do so. And for anyone that chooses to point out their words: despite their claims, NeoSmart Technologies has never claimed to hold the copyright to VistaBootPRO. Ever.

To whom it may concern (web master of Neosmart.net),

It has come to our attention that you are promoting the latest build of “VistaBootPRO” (hereafter VBP) as Neosmart’s copyright, therefore we formally serve upon you a Cease and Desist Notice, which withdraws any right by you to claim to be the publisher and author of this application and you must Desist from using VBP, or attempting to distribute VBP under the aforesaid name. VBP is a copyright of PROnetworks.org and Hawaiian Style Organization LLC (hereafter HSO LLC, registered LLC in the state of South Carolina, USA), and any continued use of this title, “VBP,” will lead to our taking legal action.

You have 48 hours to remove all reference to the aforementioned application from your website, including the intellectual property of HSO LLC (files, etc) from your host and/or server. Failure to do so will result in our contact with your host and/or authorities as necessary.

Thank you for your cooperation in this matter,

Legal Team

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Message authorized by: John C. Derrick Owner/Founder

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