Poser 8 Serial Number 60
Poser 8 Serial Number 60
the parties agree that the judgment should be affirmed except for the amount of the attorneys fees. the district court awarded plaintiffs $50,107 in attorneys fees and $2,500 in costs under the private attorney general doctrine. defendants argue that the fee award should be reduced and that the decision was based on a clearly erroneous fact and should be reversed. the plaintiffs argue that the district court did not abuse its discretion in awarding fees. plaintiffs also argue that we should affirm the award of fees in full.
dell rents large quantities of computer software. an individual disk, or “unit,” generally contains the copyright, distribution, and installation (copies) rights to a single software application. dell maintains a large number of offices around the globe and contracts with those offices to inventory and to serve as sales agents for the software at the offices. when a customer calls the office with a question about software, the staff in the call center can check the records in the central dell database to find the correct software unit. the customer also can ask to see a printed list of available units in the central inventory. the staff in the call center can also copy a list of units from the central database for each individual customer. if the customer wants to purchase any of the units in the list or wants to inquire about an unavailable unit, the staff in the call center will verbally enter the unit information into the computer to create a sales order for the customer. the sales orders are then printed for the customer to review. the process is similar for the staff in the offices. the call center staff then phone the customer and confirm that the sales order is correct and send it to the customer. the sales order is typically accompanied by delivery instructions, which are also printed. after the customer picks up the unit, it is returned to the central dell inventory.
a couple of customers who took advantage of the sale opportunities provided for in the dell contract had success in selling and purchasing software. because of the inherent difficulties in selling software, dell developed procedures to handle sales of multiple units. in those situations, the customer is generally assigned a sales representative to assist with the software sales. the representative is assigned a unique customer number and also a unique staff number. the customer number is referred to as the “assigned customer number,” and the staff number is referred to as the “assigned staff number.” when the representative signs up for a particular sales period, he or she is assigned a staff number and assigned the customer number of the first customer he or she signs up for during the sales period. the representative must use the assigned customer number in order to be billed for the sales orders that he or she generates. the staff number is used to keep track of sales statistics for the representative.
dell also provides a large number of software “units” for sale outside of the dell contract, which include microsoft office, autocad, and microsoft publisher. these units are available to download from the dell network, and anyone who has an internet connection can download them. the units are distributed in multiple pieces. the installer downloads a number of pieces of a single unit to install it. the parts may be different from the parts that are actually shipped in the unit and are assigned to specific customers.
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