Software

Epilogue

This story is so unbelievable, I have to share it with all of you. It has Hollywood material in it: it's a story about a hard working man who succeeds and then gets dealt bad cards. As the final good thing he does share his fortune with people he trusts. Then there is the surprising twist in the plot and he bounces back. The real surprise is when the ungrateful people don't want him back. That results in a bitter fight in the court. But as in all Hollywood flicks, there is a happy end.

All this started years ago, but my version starts two days ago when I received an e-mail. I found it from my spam-box and my initial glace was, that it was some kind of 419-scam. Something in the style of the text struck me as a scam, so I was just about to file a report of it into SpamCop, and then I saw the subject of the mail. It had word Storix in it. The mail was sent to one of my ancient addresses, which I had used with Storix. A random bulk spam wouldn't be about Storix, backups aren't that lucrative when compared to regular spam-topics, women, money or medicine.

The e-mail

This is the entire e-mail as I received it:

Subject: Notice of Copyright Infringement by Storix, Inc.
Date: Tue, 6 Oct 2015 16:15:31 -0700

 

Dear Sir or Madam,
This letter is to inform you that you may be in possession of unauthorized and infringing copies of Storix System Backup Administrator (SBAdmin). I am the author of the software, which is protected by US Copyright Registration No. TXu000988741, and expert testimony in the US Southern California District Court case No. 14-cv-1873 H (BLM) has
indisputably determined that I am the owner, have never transferred, nor received any consideration for its license by Storix.

 

I hold none of Storix' customers or business partners accountable, and you may continue using the current software, even if you received an infringing license after it was revoked. However, I must demand that you cease any further payment to Storix in relation to this software and refrain from downloading any further copies.

 

I founded Storix in, Inc in 2003 to sell and support the software I had already been marketing since 1999. In 2011 I was diagnosed with terminal cancer and gifted 60% of the company shares to long term employees before taking my medical leave. Those shareholders then elected themselves as directors and officers of the corporation:

 

David Huffman, President and CEO
Richard Turner, Director of Software Development
Manuel Altamirano, Director of Sales and Marketing
David Kinney, Director of Software Support

 

No new programmers were hired, and the software has now seen little change in over 4 years. After an unlikely recovery, I returned to the company full time in 2013 to continue development of the software, working alone for 9 months on major enhancements to address known security vulnerabilities and increase the network security. After requesting that others assist in the final development and testing, I was harassed by my former employees until I left in May, 2014.

 

After exhausting every effort to negotiate, the board was notified that I would assert my rights to the software if not given a position of control over its development. Instead, they chose to challenge my copyright. Using my remaining 40% stock, I took control of 2 board seats, but not before a 5th seat was added and occupied by David Smilkjovich, the new CEO and personal friend of Mr. Huffman. Every effort since to save the company, its employees and customers from the damages of this litigation has failed in a 3/2 vote.

 

As Storix has been well aware since my departure, I continued development of the software, believing we would eventually work out our differences. I made no effort to disparage or compete with Storix in any way. Yet, as a decision in the copyright case grew near, they filed new action against me for unfair competition and breach of duty as a company director (San Diego County Superior Court No. 37-2017-00028262-CU-BT-CTL). After I warned them in advance of this very notice, they requested, and were denied, a motion for temporary restraining order (San Diego US District Court Court No. 14-cv-1873 H
(BLM)).

 

Although a plaintiff in the copyright case, I'm also a 40% shareholder and a director of the company, and am obligated to do everything possible to put an end to this nonsense before the company is lost. Iwould have preferred the customers and employees remain unaware of this needless battle, but the actions taken by these individuals to protect their majority positions have resulted in the company becoming unprofitable for the first time in its history. They will accept no personal responsibility or compromise, and are now turning to a new employee stock incentive program to cover their losses. This nonsense
cannot continue.

 

The security enhancements to the software have been completed, along with much more. Unfortunately, far too much damage has been done to me personally and financially to allow these greedy individuals to profit from my work any longer. Many of you I had worked with personally for many years, so it pains me to inform you that support for Storix SBAdmin
will very likely end when a ruling is made on the copyright case at the end of the month.

 

Whatever the eventual outcome, I sincerely hope to rebuild your trust as well as the thriving company and innovative product I once had.

 

Best Regards,
Anthony Johnson
Author and Owner of Storix Backup Administrator
Former President/CEO, Storix Inc.

Show me the proof!

Ok, this is all sad and cool at the same time, but how do we know that all this is legit? I don't have any solid proof, but here is what I have:

• My own records indicate, I've been using Storix back in 2004 to 2009 when I did DLT backups. Then the company got greedy and the price of licence went out of my reach. At that point, I stopped doing tape-backups and went for Bacula and USB-drives. Software free and USB-drives are very inexpensive to store backups.
• The e-mail in question may very well be sent to me, because I have a customer account at Storix, Inc.
• In the e-mail Mr. Johnson wants you to: pretty much do nothing, he doesn't want your money, he just says not to pay any more to the software company not owning copyright of his work, but he does not want you to pay him for it. Asking for nothing is not a typical request in spam.
• Motive: What would be the alternate motivation or hidden agenda for doing this? Throwing mud at his own company? Slinging mud at some people he doesn't like (anymore)? I guess, the classic ones: money and power have something to do with this. Depleting Storix, Inc. main source of turnover is the primary motive.
• The origin of the mail is from Google. Yes, there is some Google spam, but no way it can be considered as a major source of crap.
• Google got the mail from a Comcast user located in Miami, Florida. Again, there is no typical source of hijacked computer, it can be any, even from Florida. However, it would be very unlikely scenario for a malware to hijack Google credentials for sending misinformation from a random Comcast user.
• There is a man in Linkedin with name Anthony Johnson claiming to be author of Storix
• There is a man in Linkedin with name David Huffman claiming to be the CEO of Storix, inc. He is registered as the president of the business entity C2494479 in California.
• There is a legal case 3:14-cv-01873-H-BLM in California Southern District Court, it is Johnson v. Storix, Inc.:
  • Lawsuitdata.com
  • RFCExpress.com
  • I don't know which, if any, of the documents contain the judge's ruling.
• If assumed, that the judge ruled as the e-mail explains, it would be obvious for not to pay for a product to somebody who doesn't own it. That would be fraud if anybody else than a legal owner would ask for you money.

When all of this is combined, there are two possible scenarios left: either this is the weirdest scam I've seen, or it is all true. My take here is: after looking, searching and using my own judgement, I believe the above story of a complete stranger. I sympathize all that happened to him. I also believe, that people shouldn't be thrown out of their own companies, that's just wrong.

Pitch in with a comment, if you have some knowledge of this. I'll be waiting for the movie.

Update 9th Oct 2015:

It's given, that I replied to the mail. I sent the link to this article and told that he has my support.
This is what he wrote back: "Wow, quite an endorsement, and no, it's definitely not a scam. Thanks!"