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So, a lawyer sends out a cease and desist letter to you with zero evidence behind the claims that it was you, purely based on DTC trawling through their email database where they happened to get a coincidental "hit" on a user name that happened to be a similar name/username to you on FIO
A legal motion predicated on a hunch isn't exactly due diligence by their lawyer, that is what I was getting at. Finding someone's address, especially in the US is easy. You just need a name.
If the lawyer was worth their salt, they probably cringed at writing that letter. They know it is baseless. However, some lawyers love this stuff and don't care who they hurt in the process.
There's really nothing magical or legally damning about a cease-and-desist letter. Often they are just a cheap way for one party's lawyers to shock or bully another party into "ceasing" or "desisting" without actually filing suit.
They have made an accusation which is patently false and sent you a huff and puff cease and desist.
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- Trade what you see. Invest in what you believe -
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I am only briefly aware of this thread at this moment, but am intrigued by the cease and desist. Could you please post the letter they sent you, with your personal information blacked out?
Our community is here to support members sharing their experiences. I am disgusted by any vendor who tries to bully someone unfairly. Believe me, I'm familiar with many.
I'll try to help where possible and where warranted.
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- Trade what you see. Invest in what you believe -
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It has been a long time since I have logged onto these forums. I am doing so today because of the letter I received from an attorney representing The Day Trading Coach. I have attached the letter to this eMail. It appears that the folks …
Bob.
When one door closes, another opens.
-- Cervantes, Don Quixote
On the "due diligence" question, I am seriously surprised that the vendor and his lawyer decided that @jeliner, their old customer, and @JonnyBoy, who is posting in this thread, are the same person based solely on their having found an old customer they had some issues with at one time in the past, and whose first name is "Johnny." They may not know how many people are named "John" or something like it in the world.
It's also amazingly careless that they did not notice that "JonnyBoy" does not have an "h" in his screen name. It is "Jonny," not "Johnny." Maybe they thought he was trying to disguise his identity by cleverly changing his screen name and throw them off. Or maybe they just were really careless about who they would threaten with a lawsuit.
This level of irresponsibility is likely to harm their reputation in the end, if they sent off a threatening letter to an old customer -- and the wrong person -- based solely on a somewhat similar screen name on an online forum.
It will not go to court of course. These things don't. They are just about intimidation. Lawsuits cost money and you can lose. Letters from lawyers cost only a small amount of money and are worth a shot. But if they have to prove to a judge that @jeliner posted these criticisms of them here, quite apart from whether anything wrong was done by the criticism, how to they think they are going to do it? Evidence is often required to prove things, not chance partial similarities in a screen name.
Bob.
When one door closes, another opens.
-- Cervantes, Don Quixote
Those were my first thoughts too Bob. Over the years I have seen a few occasions on FIO where a disgruntled vendor attempts to legally strong arm FIO directly or an individual user. @Big Mike of course has obviously seen many, many of these tactics and handled them accordingly. From memory it is always seems to be the unscrupulous ones too. I am not stating that in this case but there appears to be a particular trend to these types of activities.
IMO this will harm DTCs reputation further. This thread is likely to get much more exposure now especially via external search engines. Up until this moment, the point had been made and this thread would have probably been buried further and further until its prominence was muted.
What amazes me is the audacity of the entire 'legal' message. There is plenty of information laid out in this thread for any reader to perform their own due diligence. I include a further two instances below where claims of dollars made are in the title of the YouTube video. The mere fact that the title is suggestive of making profitable trades, combined with the DOM background colour made to appear like it was traded from a LIVE account is disingenuous. Not one time is it every mentioned that the dollars shown to me made on these trades were not real dollars but SIM dollars. Not in the video, nor in the title and no disclaimer as far as I can see.
DTC already ''killed'' their original YouTube channel, removing nearly all of the videos. They created a new YouTube channel but the same practices continued and they have been called out on here.
Moving forward, I expect that DTC will just remove these YouTube videos (as they did on their first channel) and/or new videos will not show the DOM. Either that, or they will start to trade a lower number of contracts so it is not as obvious they are trading in SIM. I also don't know if they are cherry picking winning trades and only showing those. That is another easy thing to do and you can throw in a losing trade every once in a while to show you are the 'real deal' but sometimes take losing trades.
Failing that, they could do the right thing and actually trade with real dollars and not SIM dollars. It would be so easy for them to post their (redacted) nightly brokerage statements to accompany each video. If they do this for the next 3 months and include the CME routing/trade number that can be verified, I will request for this thread (or my posts at least) to be removed and I will write a humble apology on this thread.
In addition, I will also donate a further $500.00 (and post the receipt here) to a local Calgary charity (WINS more than likely) to top off my regular donations. It is a win-win for all in my opinion.
dtc2
dtc1
dtc3
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- Trade what you see. Invest in what you believe -
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So “JonnyBoy” is correct. I have been monitoring this thread. When someone falsely accuses you of unethical acts, you tend to pay attention.
I have been watching the posts pile up here saying terrible things about me and my business associate.
This post is to address the accusations directed at me.
First of all, DTC does not own the software. I do. DTC purchases the same product licenses that I use for my retail products customers on my web site. All DTC clients become my clients. I install and maintain the product on their computers. DTC Clients also get my Lifetime product licenses.
DTC has exclusive rights to sales and marketing of this software as part of their services, per our agreement. You cannot purchase this system from me directly so don’t bother asking.
I have been accused here, of somehow stealing a retail product from FatTails, cracking the security encryption, evilly re purposing it, and making a whole lot of money doing it. Sounds terrible!!! Let gang up and ruin RJay. It’s only fair. Right?
Maybe not. Let’s try the truth on and see how it fits, shall we?
I, RJay, have a customer specific, privately sold product called “DTC_EagleBand”.
FatTails has a publicly available website product called “Trigger-lines”.
The accusation is that “DTC_EagleBand” is really “Trigger-lines” and that I am a lowdown dirty thief.
They sure look similar. You can keep telling yourself that they are identical if it makes you feel better.
Opps!!! , I almost forgot. It’s time to tell the truth!!!
The truth is that both these indicators are descended from an indicator called “Slingshot”.
Below is a link to the thread where FatTails uploads this “free” indicator on this very forum that he downloaded from somewhere else, not his own creation.
The NS version on roonius' site is corrupt and won't import.
If you scroll down to post #2, there is the indicator for free. (NT6.5 – NT7.0)
If you open the zip file and then open the slingshot code, the original programmer identifies himself.
/// <summary>
/// SlingShot Indicator
/// </summary>
[Description("SlingShot Indicator - Paints Region between two moving averages of your choice. Created by Roonius")]
public class SlingShot : Indicator
Roonius and I were good friends. Every couple weeks, we would meet-up online with our most recent coding achievements and jam chart images in each other’s faces, while claiming to be the better, more inventive coder. Roonius already had a retail web site and I was in the process of building mine.
Roonius had both paid indicators and free download indicators on his web site. This is where his indicator “Slingshot” came from. Any story other than this should be considered pure fiction.
So all those fake, false accusations about me stealing stuff in this thread need to come down.
And somebody owes me a damn apology,
RJay
P.S. to jeliner,
I am not involved in any legal action against you. I see you have a registered account on my web site. Please go there and make a list of any NT8 products on my web site that you have an interest in and I will add those products to your account at no cost to you. Open a help ticket after login and post your NT8 product request list.
Real Dollar Funded Account vs. Sim Account on the DOM
Here is a video to clearly demonstrate how the order book works on the DOM. The video itself is self explanatory. If you are trading in real dollars, the order book at the exchange is adjusted accordingly. If you are trading in SIM dollars it is not.
Of all of the trades dissected on this thread (and if you are joining the dots potentially all of their supposed DTC live real dollar trades) were executed in SIM. When the SIM order book has more contracts than the actual exchange price level, this is just not possible. This cannot be disputed. It is how limit orders at the exchange work.
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- Trade what you see. Invest in what you believe -
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Thank you for your response and clarification in reaching out to this thread. I don't believe I accused you of re-obfuscating @Fat Tails indicators. These indicators were available as source code on FIO for the NT7 version. I did note that they appeared to be re-purposed @Fat Tails indicators.
Why did I think this? Well, there is a chart mark-up by DTC that names these indicators and they happen to match the names that @Fat Tails gave his.
My sincere apologies if you are saying you are actually the owner of these indicators.
Name-of-the-indicators-like-the-files
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- Trade what you see. Invest in what you believe -
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Basically, I do not understand all the excitement about a few very basic indicators.
Slingshot is just two moving averages with the area between the two averages painted.
Trigger Lines is not based on Slingshot. It is a linear regression line with a trigger line (moving average of linear regression) added. I did not invent this indicator. In any case, it does not take much of a genius to add an EMA to a linear regression line. Trigger Lines also has the area between the two lines painted, but this does not make it the same indicator as the SlingShot.
This forum was originally used for code sharing, not for code hiding. When I publish an open source indicator, the code cannot be stolen, because I have already published it.
Also, I have created many indicators which are just improved replicas of original indicators that were created by different authors. I do not feel guilty for improving them, and I do not hide the improved code.
Hope everybody enjoys and uses the indicators to improve trading results.