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echo: usr_modems
to: ALL
from: BILL EASTMAN
date: 1998-05-25 15:40:00
subject: USR says FREE Upgrade from X2 to new sta15:40:4805/25/98

Hello All!
Refreence Windows Magazine, September 1997, page 121
"X2 Delivers...free upgrade to standard
You may have heard that the international 56K modem standard hasn't yet been 
defined (expected in 1998). That's why we're offering a no-risk guarantee of 
a free upgrade to make your X2 modem meet this new standard after it's 
approved."
The quote (or the whole ad) did NOT say "except OEM or PCMCIA models".  It 
looks like USR doesn't have a choice.  That is clear and convencing evidence. 
Also, OEM's, such as Dell, that advertise USR X2 Sportster Modem and doesn't 
specify that it is OEM and anything they might have heard about it doesn't 
apply, can also expect some action, since it can be assumed that the heavy 
advertising USR did for their modem DOES apply (this was pointed out to me by 
a lawyer).
I am saving the issue of "Windows Magazine" referenced above for "People's 
exhibit A".  I don't want to go this route, but since USR is currently saying 
the free upgrade to V.90 expires 12/31/98, if I haven't gotten the upgrade 
for my new modem by 11/01/98, I want to be ready to file and getting all my 
facts in a row.
Bill
--- GoldED 2.41+
---------------
* Origin: Bill's Domain 28.8k DS-HST V.FC/V.34/X2 (512) 836-7730 (1:382/35)

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