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Text File | 1992-09-22 | 7.2 KB | 144 lines | [TEXT/MSWD] |
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- SIERRA AND MULTI-TECH FAIL TO HALT HAYES
- Modem Escape Sequence Education Campaign Continues
-
- ATLANTA, GA, 21 September 1992 -- United States District Courts
- in California and Minnesota have refused to prohibit Hayes efforts to
- educate the public concerning the difference between Time Independent
- Escape Sequence (TIES) modems and Hayes Patented Improved Escape
- Sequence With Guard Time modems. These decisions cleared the way for
- Hayes to continue its education campaign and to make available to the
- public computer diskettes which can be used to identify TIES modems.
-
- Sierra Semiconductor Corporation, a manufacturer of modem chip
- sets which incorporate the TIES escape sequence, filed suit against
- Hayes in July 1992 seeking to stop Hayes from running ads including a
- Time Bomb metaphor and distributing a test kit which included an
- educational brochure and a TIES test data file. Sierra accused Hayes
- of stating that a TIES modem can erase or destroy data, even though
- Hayes has never made such a statement. Sierra also sought to prevent
- Hayes from claiming in advertisements that the Hayes Patented Escape
- Sequence With Guard Time Mechanism is more reliable than the TIES
- escape sequence mechanism and from using the Hayes icon employed to
- identify Hayes and Hayes licensed products.
-
- After a hearing on Sierra's requests, the Court enjoined Hayes
- from claiming that modems with TIES can erase or destroy data, which
- Hayes has not done and did not intend to do. The Court further
- enjoined Hayes from using the Time Bomb metaphor in advertising even
- though Hayes had disclosed that it had no further plans to use the
- Time Bomb metaphor. The Court refused to enjoin Hayes distribution of
- the test kit and the use of the Hayes icon to identify Hayes and
- Hayes licensed products. That Court also found that the evidence of
- the reliability of TIES was in dispute and that Sierra had failed to
- provide a sufficient reason to prohibit Hayes from stating that TIES
- is an unreliable escape sequence.
-
- Multi-Tech Systems, Inc., a Minnesota modem manufacturer who has
- sued Hayes several times, filed a motion for preliminary injunctive
- relief requesting that the Minnesota Court halt Hayes advertising
- concerning escape sequence technology and halt the dissemination of
- the test kit offered in the Hayes ad. Although TIES has not been
- revealed on its product packaging, Multi-Tech has begun incorporating
- TIES into its modem products. Hayes had not identified Multi-Tech
- in the ad and was surprised to learn of Multi-Tech's use of the TIES
- technology, particularly since Multi-Tech had earlier sued Hayes in
- an apparent attempt to invalidate the Hayes Patented Escape Sequence
- and gain the opportunity to use the Hayes Escape Sequence With Guard
- Time Mechanism without a license.
-
- On the same day that the California Court refused to stop the
- distribution of the TIES test kit, the Court in Minnesota preliminary
- enjoined Hayes distribution of the test kit as offered in the ad and
- from characterizing the test data file as a file that may occur in a
- user's data. Although Hayes had represented to the Court that it did
- not intend to further publish the Time Bomb ad, the Court also
- enjoined Hayes from publishing that ad. However, the Court
- specifically refused to enjoin Hayes from discussing this important
- issue and from distributing a data file which merely identifies a
- modem that supports TIES. The Court noted that the injunction did
- not prevent Hayes from presenting a comparison between the Hayes
- Patented Escape Sequence With Guard Time Mechanism and the TIES
- escape sequence nor from "redesigning" the test kit.
-
- In order to obtain the preliminary injunction, and to protect
- Hayes, the Court required Multi-Tech to post a $500,000 bond.
-
- In reaching its decision, the Minnesota Court relied on survey
- evidence which was submitted by Multi-Tech and which Hayes believes
- mischaracterizes its educational campaign. In order to correct those
- misperceptions, Hayes is appealing the Court's decision.
-
- "We see this as a clear victory over the attempts of some
- manufacturers to keep customers in the dark about the issues of the
- reliability of escape sequence technology," said Dennis C. Hayes,
- President and Founder of Hayes Microcomputer Products, Inc. "We know
- we are doing the right thing for the customers by exposing this issue
- to public debate."
-
-
- Both of these orders have cleared the way for Hayes to proceed
- and Hayes is immediately offering a White Paper which explains the
- issue of escape sequences in plain language. Hayes is also offering
- a TIES Identification File, which will enable modem users to
- determine if their modems are TIES modems.1 The TIES Identification
- File is also available on Online with Hayes bulletin board system and
- the Hayes Forum on CompuServe and GEnie.
-
- Some manufacturers are using TIES in their modem products
- without labeling those products as supporting TIES. This makes it
- impossible for the average user to identify modems which have TIES.
- Customer response to the Hayes educational campaign has been
- extremely positive and indicates consumer's concern over the
- inability to identify modems which use TIES.
-
- Hayes continues to incorporate the Patented Improved Escape
- Sequence with Guard Time Mechanism in all of its modem and ISDN
- products which use the Hayes Standard AT Command Set. The Hayes '302
- patent, which has become the industry standard modem escape sequence
- due to its proven reliability after 11 years of use, has been
- licensed by 25 manufacturers. Hayes continues to offer reasonable
- licenses to modem manufacturers throughout the industry.
-
- Best known as the leader in microcomputer modems, Hayes
- develops, supplies and supports computer communications equipment and
- software for personal computer and computer communications networks.
- The company distributes its products in over 60 countries through a
- global network of authorized distributors, dealers, mass merchants,
- VARs, systems integrators and original equipment manufacturers.
-
- ###
-
-
- _______________________
-
- 1 Technical Note: The TIES Identification File is not intended to
- represent a data file which may occur in a user's data. Instead, the
- file is designed to identify modems which use TIES by transmitting
- every possible TIES escape sequence twice. That way, any modem set
- to recognize the TIES escape sequence will escape during transmission
- of the Identification File and alert the user that the modem supports
- TIES. The file is not a software package. The Identification File
- is simply an ASCII data file used to assist users in determining if
- their modem implements TIES.
-
-
-
- For further editorial information, please contact:
-
- Beth Logan Malanoski/Peggy Ballard
- Hayes Microcomputer Products, Inc.
- 404/840-9200
- 404/441-1238 (fax)
-
- For additional product information as well as the TIES Identification
- File, customers should contact Hayes Customer Service:
-
- Telephone Online with Hayes BBS
- 404/441-1617 (U.S.) 800/US HAYES (U.S. and Canada)
- 519/746-5000 (Canada) 404/HI MODEM (U.S. and Canada)
- 081-848-1858 (U.K.) 404/729-6525 (U.S. - Atlanta ISDN Users)
- 852-887-1037 (H.K.) 081-569-1774 (U.K.)
- 852-887-7590 (H.K.)
-
-