Mood:
vegas luckyNow Playing: BLOWING With The Spin (How Many Potholes Does a Man Have to Dig Before They Can Call Him a Scam?)
Topic: Chinadotcom and VCSY
Out here on the lone prairee you can lose yer scalp as soon as comb yer hear. Ya gotta stays sharp and eager to do mortal hand to hand combatin' to the death if ya hafta. I'd a rather sleep with a sidewinder than t' dance with one o' them checkerries. One slip up and you get your gouchos handed to you in a nice tanned carrycase.
spittooee
I needs to git me somemore a that $#!@ fer chewing. I....uhhh oh sorry there ma'am I didn't see you standing there in yer pretty gingham dress and that there frilly bonnet from Easter Church go to meeting and all. Might purty, ma'am. Uhhh... I think you can get that t'backy juice stain out with some Bon Ami and a half cup of scrubbing bubbles. Yes ma'am. And a lovely finger that is. G'Day ma'am.
Might neighborly little village y'all got here. Everybody's number one..
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181494
By: morrie33
12 Apr 2007, 01:51 PM EDT
Msg. 181494 of 181512
Hey RR, from willow on PH
http://www.chinatechnews.com/2006/03/04/3682-cdc-corporation-files-suit-against-employee-for-corporate-misconduct/
(Voluntary Disclosure: Position- Long)
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View Replies »
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181501
By: RapidRobert2
12 Apr 2007, 02:15 PM EDT
Msg. 181501 of 181512
(This msg. is a reply to 181480 by Sliver_Fox.)
sliver: It IS odd that you continue to dress a pig when the pig is ugly, anyway. CDC knew about ROSS selling the 'emPath' software to NOW Solutions and they also KNEW about the LAWSUIT FILED BY VCSY and NOW Solutions. A simple due diligence by an idiot would have discovered all of it even if the CEO of Ross lied about it to CDC. You think Yip, Chairman, CDC, would hire stupid lawyers for due diligence? I don't since he has big bucks to pay them.
You further state again..."suspect that Ross was not very "forthcoming" when CDC was doing their DD prior to the sale. Could the CEO have lied? What a novel thought. Maybe a bit of shading and misrepresentation?"...Well, why are you trying your best to put a 'smiley' face on CDC, why project them as the 'innocent victim' of evil Ross Systems because CDC, as you state, didn't know about the sale of 'emPath' to NOW Solutions.
Of course CDC knew about the sale, that is the point of all of this.
'ignorance' is NOT a defense and just because some of the employees of Ross put it in writing that they were continuing to use 'emPath' well after it was suppose to be returned to NOW Solutions and NOT used by Ross, doesn't mean they were more 'innocent victims' and weren't aware of what they were writing about would show up in a courtroom for trial.
You state "If you were them, would you put something in writing if you knew that what you were using was illegal and the firm was in violation of its contract with VCSY and Now Solutions? I have to much respect for you to think that you would.". Geeeze, more bad logic on your part. So, just because someone forgets they are going against signed documents, they are innocent because, according to you, they wouldn't put that type of thing in writing. People forget quickly over time what they shouldn't put in writing and the reason 'discovery' is sooo very important in a case. I can think of dozens of other reasons why employees might include something in an email that is 'confidential' in a company or illegal and they simply forget about it and write it up. Heck! Even the CEO, Tinley, did just that in his emails. Just as ignorance is not a defense, neither is 'forgetfulness'.
You continue your DEFENSE of CDC by stating..again...and which I already posted about..."I suspect that Ross was not very "forthcoming" when CDC was doing their DD prior to the sale. Could the CEO have lied? What a novel thought. Maybe a bit of shading and misrepresentation?
WHERE did that come from? WHY make that assumption? How do you know 'Ross' wasn't forthcoming? How do you know CDC didn't buy Ross mostly for 'emPath' and the other stuff by Ross was a side deal for CDC? I simply do NOT see where you have ANYTHING that points to the fact Ross didn't tell and CDC didn't know about NOW Solutions and 'emPath'. You also neglected to mention my comments about the 'due diligence' of ANY company when acquiring another. That is the reason for 'due' diligence' agreements and even the least due diligence would have discovered the LAWSUIT by VCSY/NOW Solutions against Ross...FILED BEFORE CDC ANNOUNCED THE PENDING ACQUISITION OF ROSS in the fall of 2003.
Please stop misstating what I write, I said nothing like "You stated that the CEO of Ross was hired by CDC for the expressed purpose of obtaining empath. Where did that come from?"...I stated Tinley was hired as CEO of CDC and fired a short time later...and to make up your own mind on the 'why'...you can draw your own conclusions but don't misstate that I said it.
From a legal point of view, as you write on the topic, I think it makes NO difference if a 'programmer' is aware they are violating someones intellectual property or not...if they ARE, then they are infringing on IP and should be held accountable. NOT Knowing or caring to find out isn't a good defense to use. And, a programmer working on software should know the provence of that software so they know if it belongs to someone else or they do and don't care...all for the good of a company and/or themselves. Cheating is never nice to see, intentional or by some type of 'circumstances' which they can use as a defense for stealing the IP of others. Programmers or others in a company should be and ARE held accountable for THEFT of these types. 'programmers' are not immune because they are lazy and fail to find out about what they are working on and the history of the software.
Further you state "Also, you might ask yourself just how many other companies are in violation of VCSY patents? Are they bad people or ignorant (perhaps on purpose)?"...Well, we will soon find out since the IP law firm HIRED by VCSY on a contingency basis is working on a license for VCSY software and will announce either a license agreement or a lawsuit. That is nice to hear and so we know someone is using the VCSY software illegally...and it is up to the IP lawyers to correct the misuse and protect the VCSY patented software. IF someone, ANYONE is in 'violation' of VCSY patents, then they are guilty of patent infringement and I hope VCSY goes after every penny they can get for the infringement, whether on 'purpose or ignorant' as you state. Either is all the same, PATENT INFRINGEMENT.
I just have to ask why you are so protective of CDC and from all you have stated, to the point of continuing to make a case that CDC was an innocent victim of Ross Systems.
Are you employed by CDC or have any association with CDC or subsidiaries. Are you the 'Fox in the hen house'?
Serious response only.
To be continued...
RR
IMO
Ps: For not knowing the 'facts' as you have stated over and over in the past, you certainly are quick to come to the rescue of CDC...How about answering my question in the post you referenced and replied to about the 'old papers' you went through and found the Arglen/Gyselen Purchase Agreement with VCSY for NOW Solutions. IF new to the company a month or sooo ago, how come you have old papers laying around to find things out about VCSY and Arglen? Do you have any laying around about CDC and ROSS Systems?
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I think thet just about says it. spittoee
