|CADVision Sues Telus (Update)|
Thursday, January 22, 1998
Telus Lawsuit/7000k ADSLTOPICS
CADVision would like to take this opportunity to update our customers on our lawsuit with Telus and to announce our ADSL 7000k product line.
CADVISION SUES TELUS
There are currently two ways of delivering ADSL:
- ADSL Data - requires a separate phone line;
- ADSL Voice Over Data - works with a normal phone line.
The issue that is being argued in front of the courts is ADSL Voice Over Data service.
CADVision currently provides High-Speed Internet ADSL Data service. However, CADVision must install a separate phone line to provide this service. This makes it slightly more expensive and takes longer to install.
If CADVision was permitted to locate our ADSL equipment inside of Telus's facilities, CADVision could offer ADSL Voice Over Data services. In otherwords, CADVision would not have to install a separate phone line for our ADSL service.
CADVision was seeking an injunction against Telus preventing the launch of Telus's ADSL voice over data service until Telus provided co-location space for CADVision's ADSL equipment, thus creating an equal and level playing field.
Wednesday, December 17, 1998, the Court found that there was sufficient evidence to issue a "standstill agreement" delaying the launch of Telus's ADSL voice over data service.
Friday, January 2, 1998, CADVision and Telus argued the complete case before the Court.
Wednesday, January 7, 1998, Judge Prowse issued his decision.
In his decision, Judge Prowse decided that CADVision would NOT suffer "irreparable" harm should Telus have a head start in the market. Irreparable harm is defined as damages that cannot be compensated in dollars.
The Court felt that CADVision had sufficient resources to sue for damages and hence the harm that CADVision would incur was not "irreparable".
On a legal note, to get a permanent injunction, the harm that would be incurred must defined as "irreparable".
Hence, the "standstill agreement" against Telus was lifted because the court felt that CADVision could recover damages against Telus if we are ultimately successful with the action.
At this point, CADVision has three choices:
- CADVision could continue the lawsuit against Telus for damages;
- CADVision can appeal the decision;
- CADVision can apply and wait for co-location space for our ADSL service.
CADVision is in the processing of applying for co-location space inside of the Telus switches. However, we have not ruled out option 1 or 2.
We will keep you posted as developments occur. In the interim, CADVision will continue to offer ADSL Data services.
THANK YOU FOR YOUR SUPPORT
We would just like to say Thank You! to all our customers who submitted Email in support of our legal battle with Telus. To date, we have received thousands of Email messages urging us on and supporting our efforts. We truly appreciate hearing what you have to say about our legal challenge and your experiences with the phone company.
ADSL 7000K IS AVAILABLE!
Frankly, we prefer to fight our competitors in the marketplace rather than in the court room. :)
CADVision is pleased to announce the availability of our
7000K ADSL service!
At up to 3.5 times the speed of our previous ADSL service, CADVision 7000K is incredibly F A S T!
CADVision is also pleased to announce a 33% price reduction for ADSL. Effective immediately, our price for ADSL is as follows:
Dedicated 2000k ADSL: $995 / Year Dedicated 7000k ADSL: $1495 / Year
Customers who currently have 2000k can upgrade to 7000k. Please call 777-1300 if you are looking for more info.
If you have any questions or comments regarding the ongoing issues between CADVision and Telus, please Email [email protected].
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