[AusNOG] Re RackCentral

Tue Nov 18 10:29:14 EST 2014

Barry,

I think the answer to your questions is in the number of people effected by his actions. 

Even if there was a valid dispute (emphasis on *even if*) that is no reason to sell the assets to yourself (his words), place the company into liquidation and leave all of the other creditors owed money. You may notice a few of the vocal creditors on this list, they have felt the pain of his actions. The number of creditors complaining and the amounts owed shows it was clearly not a case of one supplier and lends itself to the question of solvency. 

To argue that the right answer to a billing dispute is to liquidate the company and not pay money owed to a bunch of people isn't right nor defendable. 

--
James

On 18 Nov 2014, at 10:19 am, Barry Murphy <barry at vibecommunications.co.nz> wrote:

> Hi Andrew,
> 
> We knew nothing about the liquidation of the company or path that was being taken.
> We did hear (after the fact we had signed the customer up) that they had a dispute with Vocus but there are two sides to a story and from what we heard (one sided) it felt like a bit of bullying may have taken place from a large corporate, but we can’t judge with one side heard.
> What we were told was that RackCentral had many account managers that had set pricing but not altered the contract and then suddenly they were back billed for services which totalled a lot of money; again rumours.
> I do not know the full storey and I’m sure it will all come to light but I don’t think its fair to assume RackCentral is in the wrong and for everyone to stone them in the street before the verdict is out.
> 
> Disconnecting someone (and causing disruption to all their clients and cost Australian productivity) who has not yet been proven guilty is not how the law would work here in New Zealand and I would expect its the same there.
> We were only made aware of a Vocus dispute after the fact they had signed up for our services, so I don’t see how we’re in the wrong and I don’t see how turning them off and breaching contract would do any good for Australian businesses.
> 
> How would you feel if you had a dispute with your upstream, moved providers (and you were in the right) and the community had the opinion to turn you off and disrupt all your customers?
> We await to see what happens just like everyone else, but I do think its unfair the point fingers until everything is out in the open.
> 
> Many thanks
> 
> 
> Kind regards,
> Barry Murphy / Chief Operating Officer
> +64 27 490 9712 / barry at vibecommunications.co.nz
> <5A07F7F6-A7CD-4280-8FA7-E1E16E2A0B99[22].png>   <4C780068-682D-46EF-84F7-91B67BCB1106[22].png> <9DB74D38-56D8-45F2-92DA-96E56204F63A[22].png> <FF51D238-13B1-4BAC-970F-E5B7077416C7[22].png>
> Office: +64 9 222 0000 / Fax: 0800 842 326 
> Unit A7, 1 Beresford Square, Auckland, New Zealand
> Web: www.vibecommunications.co.nz / Peering: AS45177
> This communication, including any attachments, is confidential. If you are not the intended recipient, you should not read it - please contact me immediately, destroy it, and do not copy or use any part of this communication or disclose anything about it. Thank you. Please note that this communication does not designate an information system for the purposes of the Electronic Transactions Act 2002.
> 
> 
> From: Andrew Tschudi <ausnogandrewtschudi at gmail.com>
> Date: Tuesday, 18 November 2014 12:00 pm
> To: Barry Murphy <barry at vibecommunications.co.nz>
> Cc: Joseph Goldman <joe at apcs.com.au>, "ausnog at lists.ausnog.net" <ausnog at lists.ausnog.net>
> Subject: Re: [AusNOG] Re RackCentral
> 
> VIBE is providing safe haven, if you had any respect for Australian businesses and Australian suppliers you would put respect before making a sale, but you’re from NZ so what do you care about local Australians other than making a sale.
> 
> 
> Either way VIBE and everyone else are harboring this action and providing safe haven for Rack Central.
> 
> 
> Andrew
> 
> 
> On Tue, Nov 18, 2014 at 9:47 AM, Barry Murphy <barry at vibecommunications.co.nz> wrote:
> Comments below…
> 
> From: Andrew Tschudi <ausnogandrewtschudi at gmail.com>
> Date: Tuesday, 18 November 2014 11:14 am
> 
> >Rack Central stopped paying Vocus and in return AS7600 ( escape.net ) AS45177 ( Layer2.co.nz ) and AS38790 (Spirit Telecom Australia) not to mention IX Australia all provide safe haven to allow them to continue to operate.
> 
> 
> We (AS45177) are not providing any ‘safe haven’ to anyone, we are simply providing a transit service to a paying customer and have done so for a couple of months. 
> The legal dispute does not involve us, it is a matter between the parties concerned, the courts will decide who is in the right and who is in the wrong, we are no judge or jury.
> 
> Many Thanks
> Barry Murphy
> 
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