Hi Tom,
I can't help with the actual legal advice. But if you
get to the point where you are getting legal advice on
this issue, you might also investigate the feasibility
of "terms of sale" that include the provision that the
amp is only for sale to licensed amateurs and will
only be repaired when accompanied by proof of
purchase. I know getting such a "terms of sale"
document signed might be difficult given the realities
of distribution. But perhaps notice in the proper
form will suffice.
If there is any software at all in the unit - say an
imbedded processor as in the Alpha 87A - perhaps you
could include these terms in the software license
agreement.
Mike wy6k
--- Tom Rauch <w8ji@contesting.com> wrote:
> > It seems to me that refusing to perform repair
> work,
> > whether warranty or not, without proof of a ham
> > license is a reasonable voluntary action that the
> amp
> > makers could engage in. It wouldn't all of the
> > problem, of course, but it would probably stop
> some of
> > it.
>
> Some years ago I did that with an amplifier owned by
> a California
> lawyer, because he had no license and used the amp
> to run
> communications on an amateur band in off road races
> somewhere
> in the desert.
>
> I knew that because both he and the dealer told me
> that.
>
> When I refused to service his amplifier, he
> threatened a lawsuit. So
> I repaired the amplifier and turned him in to the
> FCC and some
> group in California that was supposed to look at
> this sort of
> problem.
>
> My question is, for anyone that knows, is a
> manufacturer required
> to repair a device being used illegally? What if
> that is stated in the
> terms of warranty?
>
>
> 73, Tom W8JI
> w8ji@contesting.com
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