Mood:  accident prone

The poor shareholders and the readers on the Raging Bull Apple message board were fed one big fat crinkly weiner.

http://ragingbull.quote.com/mboard/boards.cgi?board=AAPL&read=199119 

By: danfl_11
25 Mar 2007, 11:46 AM EDT
Msg. 199119 of 199795
(This msg. is a reply to 199109 by danfl_11.)

Leopard not ready for April--"Barely beta, not final or Gold Master"
http://arstechnica.com/journals/apple.ars/2007/03/22/leopard-not-ready-for-april--barely-beta-not-final-or-gold-master
(updated)

By Jacqui Cheng | Published: March 22, 2007 - 01:43PM CT

There have been a lot of rumors lately from "unconfirmed" sources about Leopard's expected ship date. For a while, everyone was sure it was going to ship mid-to-late March. Then mysteriously, the ship date (according to these anonymous sources) got shifted to mid-April—perhaps because we are already in late March. Oops.

Developers who work closely with Apple have been dying to tell the world how very, very wrong we all are. We have always maintained an air of skepticism regarding the early release speculations, but confirmation of these suspicions have been bombarding us lately. Our sources have told Ars that there is very little chance ("and that would be pushing it") for Leopard to ship in late April—that is, if Apple wants to ship with a halfway stable operating system.

Our sources say that, from past experience, Apple typically ramps up production in the last six weeks before shipping with "many seeds—like two a week." This constant seeding period continues for several weeks, and then is then typically followed by a sudden quiet period. Apple usually announces the ship date soon thereafter, and starts pressing CDs/DVDs (which in itself takes several weeks).

"If they follow the same pattern as Tiger, Panther, and Jaguar, we should start getting a lot of seeds soon, and then they'll need the 3-4 weeks to start pressing CDs," says one of our developer buds. "Which means, if they're really shooting for late April, next week is the last week before CD production starts."

Seems highly unlikely, given what we've been told from several sources about the instability of the current build.

Developers have not even entered into the constant seeding period. "We still have the same seed we got 2 weeks ago," we are told. "I'd say it's barely beta, not Final or Gold Master."

Is it possible that Apple is keeping some of its key developers in the dark by holding back a surprise, nearly-perfect build? Sure. Anything is possible. But seems like just about the worst idea ever if the company wants anyone's software to work when Leopard comes out. This is not super-insider information either, say our sources. "Anybody who has really worked with a Tiger or Panther seed will know the same stuff."

One more tip we got regarding Leopard, is that InputManager plugins are no longer allowed. That's right... no more little hacks from anybody besides Apple. No more Apple menu hacks. No more Safari plugins. (InputManager is not exactly the same as APE, by the way.) "Apple isn't really broken up about it since InputManagers were often used for nefarious purposes anyway," our sources said, but the loss of InputManager control will break a lot of shareware and commercial software that currently makes use of that control.

So can we expect a Leopard release in late April, for rizzle? I'm certainly not, and according to our sources, you shouldn't either. "If what we have now is the final build, I am NOT buying Leopard," says one of our sources.

When do they personally theorize Leopard will actually be ready to ship? "June."

Update (3/24/07): There has been a lot of controversy and hubbub about the InputManagers circulating around the web. Many smaller developers who have access to recent seeds dispute the fact that InputManagers will be gone, and that's true--right now, they are still in the current build. Sort of. I talked more with some of my sources about this issue for some clarification, and this is what I got:

When you install Leopard, InputManagers are (currently) disabled by default, but they can be enabled when Leopard finds something of yours that uses an InputManager and presents you with a dialog box. You can currently enable them this way, but if you click "Disable" (which is the default option), they apparently go away for good. "That's what Apple says is the current behavior. They're not sure what the final behavior will be," says one developer. "Apple says they are deprecated, and in 'a future release' they will be disabled pernamently. They won't say if that release is 10.5.x or 10.6."

"I asked Apple about whether they could be reenabled [via some sort of hack]," s/he said, "but they had no comment on that at this time."
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http://ragingbull.quote.com/mboard/boards.cgi?board=AAPL&read=199122 

By: danfl_11
25 Mar 2007, 12:03 PM EDT
Msg. 199122 of 199795
(This msg. is a reply to 199119 by danfl_11.)

Let's see. March is almost over and no way will they ship Leopard in April. So June seems to be the big target for release unless you start taking into account the Apple has provided a lukewarm effort at best to tell everyone not to worry that they will ship "Spring". Do you mean "May"? Probably not may more like June.

So June to October is four months past that. You would think they would have a really good idea by now if they're going to finish in June or October. Such a long way off but not really.

This is what the article in 199119 says:
"Developers who work closely with Apple have been dying to tell the world how very, very wrong we all are."

I wonder how very very wrong anybody not in Apple Management is.i??

By: danfl_11
25 Mar 2007, 03:15 PM EDT
Msg. 199133 of 199795

Usually people who make fun of others hope whatever they can put out will make the other person go away.

I'm still here and saying 'somebody' at Apple has talked to somebody at Jupiter Research just like 'somebody' in the industry talked to Digitimes. That's not a refutation of a 'rumor'. It's an unfounded word from an industry insider to an outside journalist. Same same. So is Digitimes wrong or is Jupiter Research wrong?

In other words did Apple float a balloon watch it catch fire and poof and then they float another view with another journalist to put the fire out? Is THAT how Apple does business? And you guys criticize Microsoft?

The rest of you poor shareholders won't know until June 30 will you? Who knows? Maybe you'll know by Monday afternoon.i??
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Well, boys and girls, old Rastamagoo can't see real good but the old fart can at least see a freaking BUS coming, right? Apple are toast.

Posted by Portuno Diamo at 11:58 PM EDT

Updated: Friday, 13 April 2007 12:00 AM EDT

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Mood:  d'oh

Soooo... no Viridian virtualization after all huh? Well, isn't THAT a surprise.

http://www.informationweek.com/news/showArticle.jhtml;jsessionid=JMB5H2PHOJ1XIQSNDLPCKHSCJUNN2JVN?articleID=199000558

Microsoft Delays Beta Test For Key Virtualization Product

But the company still plans on shipping the final version of within 180 days of the release of its next major server operating system.

By Paul McDougall
InformationWeek
Apr 12, 2007 12:00 PM

The company said beta testing for its Windows Server virtualization software -- code named Viridian -- will begin in the second half of 2007 and not the first half, as originally planned.

"We still have some work to do to have the beta meet the... bar we have set," said Mike Neil, Microsoft's general manager for virtualization strategy, in a Thursday blog post.

Neil, however, said Microsoft as planned still expects to ship the final version of Viridian within 180 days of the release of its next major server operating system -- which currently goes by the name Longhorn. Microsoft expects to release Longhorn to manufacturing by the end of 2007, a company spokesman said, meaning Viridian is slated to launch by June, 2008 at the latest. On his blog, Neil also said the final version of R2 service pack 1 for Microsoft's Virtual Server 2005 product will ship in the second quarter of this year. It was originally scheduled to ship by the end of March. "We required some additional time to test the new operating systems that will be supported with the service pack," including SuSE Linux Enterprise Server 10, Solaris 10 and a recent Longhorn build, wrote Neil.

Virtualization refers to the process of subdividing resources on a computer into discrete units that can act as separate machines, running their own instances of operating systems and applications. The technique is widely used in business computing environments that want to achieve maximum return on their computer hardware investments.

Viridian is a key part of Microsoft's campaign to develop virtualization products that can compete with those offered by specialists like EMC's VMware unit. Neil wrote that Microsoft is designing Viridian so that it can scale across servers running up to 64 processors and said the capability "is something no other vendor's product supports."

AND WHAT DO WE HAVE HERE?

http://www.programmersheaven.com/c/MsgBoard/read.asp?Board=810&MsgID=357611&Setting=A9999F0001 

Hey Portuno! Have ya seen this Apple Anouncement??????
By: Poscashflow on April 12, 2007 at 4:09:38 PM
Read 1 times (Updated daily).

Apple delays Leopard; iPhone on schedule
Maker of iPod, Mac computers needed resources for release of the iPhone.
April 12 2007: 6:01 PM EDT

http://money.cnn.com/2007/04/12/technology/apple/index.htm?postversion=2007041218

Apple delays Leopard; iPhone on schedule

Maker of iPod, Mac computers needed resources for release of the iPhone.

NEW YORK (CNNMoney.com) -- Apple Inc. said Thursday it pushed back the release of its new operating system, Leopard, until October from its target date of June.

Uhhhh... excuse me? Isn't that the original 'rumor' that everybody said would never happen? So rumors are real and Apple's affirmations are worthless. Hmmm. Will they never learn? 

The company said the delay occurred because critical software and resources were needed to complete Apple's iPhone, which has passed several tests and is still on schedule to be released in late June.

Oh I gotta hear THIS rationalization! 

Video More video CNN's Max Foster talks to the heads of Apple and EMI about their musical collaboration. (April 3) Play video

Shares of Apple (Charts) tumbled 2.6 percent in after-hours trading on Nasdaq.

A near final version of Leopard will be shown at Apple's Worldwide Developers Conference in June, where developers will be given a copy to perform final testing, the company said.

"We think it will be well worth the wait," Apple said in a statement. "Life often presents tradeoffs, and in this case we're sure we've made the right ones."

Tim Bajarin, an analyst with Creative Strategies in San Jose, California, said the delay in Leopard could slow the pop in sales that normally comes from die-hard Apple computer fans, who will now likely wait to buy new computers.

"I actually think the effect is going to be somewhat negligible," Bajarin said.

Leopard is expected to boast new features including a file backup feature called "Time Machine" and improvements to its e-mail and instant messaging software. Another feature allows users to move from their standard desktop view to an archival view showing every change made to a particular file.

-- Reuters contributed to this report

Hmmmm. Seems I remember something about that 'rumor'.

Looks like the Hindenburg has landed. 

Remember this? Photos from the trip over the Isle of Truth. 

http://blogs.zdnet.com/microsoft/?p=344 

March 23rd, 2007

Is Microsoft’s Vista behind Apple’s alleged ‘Leopard’ delay?

Posted by Portuno Diamo at 10:40 PM EDT

Updated: Thursday, 12 April 2007 11:29 PM EDT

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Mood:  hug me

It's so gratifying to see folks stand in the bread line early enough to get the cheese too. 

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181565 

By: arthurarnsley
12 Apr 2007, 08:39 PM EDT
Msg. 181565 of 181571
(This msg. is a reply to 181554 by beachbumlb.)

Actually, Beach,

The day VCSY hits a dollar the volume will be well over 20 million shares and there will be thousands of investors buying VCSY on that day.

My friends will say to me, "Why didn't you tell me about this stock?"

Actually I got fed up with having them snigger at me years ago when I recommended VCSY when it was selling for less than a cent. Once over two years ago I bought 270,000 shares in an AON bid at a half-cent after it took three days to fill. That was the "ask" price then.

I've mentioned before about the guy who TOLD ME about VCSY in January of 2000. He bought quite a few shares but a little over a year ago he sold them all because he did not like the way they made his portfolio value unstable. He looks at his portfolio value several times a day. I look at my portfolio value several times a year so I don't notice the fluctuation.

Next week this good friend will be crying in his beer but it won’t bother me. I’ve suggested several times that he buy back in. I’ve told him everything that is going on with the Company. Lately I have been telling him about the coming trial. Now I am telling him that the trial is nearly over.

He doesn’t care; it messes up his bottom line. I really think he may have a touch of Alzheimer’s disease now. What excuse do the bashers have?

Arthur




(Voluntary Disclosure: Position- Long; ST Rating- Hold; LT Rating- Hold)

Posted by Portuno Diamo at 10:21 PM EDT

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Mood:  irritated

This is the most 'sense' this guy has said in a year. Only problem is it doesn't stand up against the facts as we've seen them in print.

Now we know where his familiarities and loyalties lie.

Did I say 'lie'?

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181541

By: tepe
12 Apr 2007, 06:47 PM EDT
Msg. 181541 of 181570
(This msg. is a reply to 181530 by willgro.)

The problem is you guys are using RR2's interpretation of the "facts" to form your view of this case. Obviously there is bias in the representation of those "facts". There is another side to the case that is not presented by the pumpers, and if there wasn't some validity to it I doubt Ross would have pushed this case to court. First of all, Ross believes that VCSY owes them money. Secondly, they probably don't believe they've violated anything that VCSY claims they violated. Wasn't this case thrown out of court once? That should tell you something. 

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Just watch how the truth rips his view to pieces. Hmmm CDC Operative? Or somebody around their? 

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181549 

By: RapidRobert2
12 Apr 2007, 07:52 PM EDT
Msg. 181549 of 181570
(This msg. is a reply to 181541 by tepe.)

tp: While I like to ignore YOU, I simply can NOT allow your misinformation and false presentation of the FACTS stand without comment.

The 'other' side is screwed and they know it. The 'other' side HAD a judge that didn't understand or didn't care to apply the law and the case had some 'claims' of VCSY 'thrown out' as you state but VERY QUICKLY the appellate court reinstated ALL of the VCSY claims and sent a message to Judge Lowe to follow their orders in that decision (YOU can NOT say you didn't see the appellate decision since I've posted it many times on THIS board). As recently as this week the current Judge, Judge Solomon made the statement she couldn't see why Lowe allowed this case to go to trial and was looking at the defense at the time, which she just finished scolding again for something. It is unusual for one Judge to question the actions of another judge (call it the cloak of robes) but Judge Jane Solomon certainly did and obviously, she would have ruled in favor of the VCSY 'summary judgment' motion and not against it like Judge Lowe did. That says something, too.

That should tell YOU SOMETHING!!! The APPELLATE court liked the case of VCSY and NOT the one by Ross Systems. The same decision will come from the appellate court if VCSY wins and Ross appeals. Plus, Ross will have to come up with a bundle of money for a bond to guarantee payment of the award should they LOSE AGAIN in the court of appeals. And, don't forget the interest that will be added to the amount of the award during the appeal process. Ross will be foolish to appeal ANY decision against it by the jury.

But, continue to post nonsense and false information, you've done that for a year now while 'claiming' you are a shareholder.

I try not to present a bias with the 'facts' but when it is sooo VERY obvious Ross is in the wrong, did the deeds, and tried to cover some stuff up that came out in 'discovery' that I probably do give my view of what is going on. If someone has a different view, fine! As long as they have the right 'FACTS' to back up their conclusions and don't post false information, like you are doing today.

Good Luck! I would love to see your face if VCSY wins the case next Tuesday.

RR
IMO
Ps: Now back to ignoring your comments of nonsense about VCSY and other posters.i??

That's how you're supposed to break it down. OK Let's try that again.

Yeah. Sorry I can't go through anymore drivel from the operative. Let's just skip to RR. If you want to read tepe posts you can find a ton of them at RagingBull VCSY.

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181556 

By: RapidRobert2
12 Apr 2007, 08:11 PM EDT
Msg. 181556 of 181570
(This msg. is a reply to 181525 by bart2e.)

bartz: Well, I don't see, after the comments from the judge this week about the case and the Ross lawyers that the good Judge Solomon will look at their case favorably. I've heard she only yells at them, like only a Judge Judy can do it.

Why is Ross engaged in the battle. Well, the answer is because they have NO CHOICE. VCSY brought the lawsuit against Ross and Ross countered with one small one which is only worth $750k. I don't think Wade would settle with them since I think he wants to go after bigger fish when this case is decided. Remember, there is a new lawsuit filed by NOW Solutions against ROSS for 4.1 million plus $$$. I think that is only the beginning for VCSY and Ross/CDC.

Ross only claims they weren't paid the last installment of the purchase price which is the $750k they countered for. Thats it.

I suggest reading the appellate court decision for the other answers to your question and get it right from the court, I posted it just today, again. It explains the case and claims and does a nice job of summary of it all. That is better than asking me how VCSY has been harmed, although from your post it seems like you are asking how Ross was harmed and what chance the judge will see it their (ross) way. You don't want 'none' as the answer so I will simply say that there is ZERO chance the judge will see it the way of Ross Systems.

And, don't forget how important the judge can be when she gives the instructions to the jury. She can sway a jury, easily. Of course, VCSY might lose it, but if they do they will go down fighting and WIN it in the appellate court...AGAIN.

So, we wait for a win win for VCSY and NOW Solutions.

Even if they lose, they will win it in the LONG run and they have more going on than just this court case.

GOOD LUCK VCSY!!!!!! WIN IT FOR THE SHAREHOLDERS THAT ARE IN THE COURT DAILY SUPPORTING VCSY!

That sez it all.

RR
IMOi??

Posted by Portuno Diamo at 9:49 PM EDT

Updated: Thursday, 12 April 2007 10:17 PM EDT

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Mood:  celebratory

Rage on with the right on. 

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181531 

By: morrie33
12 Apr 2007, 05:46 PM EDT
Msg. 181531 of 181532

Bart, here's a possible strategy from a respected LONG on PH in regards to ROSS and their court tactics:

This is all just speculation and one person's opinion, etc., but I thought I'd share it because who knows...it might be 100% correct:

"I wonder if they are going through the motions in order to say to the shareholders, "We fought vigorously, we thought we would prevail but the jury did it to us." That might look better in a filing than to settle. That would provoke suspicion of poor management of the CDC CEO and BOD of performing their own duties faithfully. Someone recently reminded us that saving face is very important to the Chinese. "Better to look bad in front of strangers in NY court than look bad in front of thousands of shareholders in filings..."

(Voluntary Disclosure: Position- Long)

Posted by Portuno Diamo at 5:56 PM EDT

Updated: Thursday, 12 April 2007 5:57 PM EDT

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Mood:  incredulous

Rage on. 

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181522 

By: RapidRobert2
12 Apr 2007, 04:34 PM EDT
Msg. 181522 of 181528
(This msg. is a reply to 181514 by Sliver_Fox.)

Fox: First, NOPE! I don't work for VCSY or NOW or any subsidiaries so put that to RIP. No key to the private restroom and no cubical space for me, either. Darn! I would love to work for a company with the FUTURE of Vertical Computer Systems. Wade certainly enjoys his job so it isn't available for a LONG LONG time.

I still wonder why you tried to put a positive spin for CDC, even using the old tried and failed tactic of CDC being 'innocent' for not knowing they were using 'emPath'. If CDC has or is using 'emPath' then VCSY and NOW Solutions have been damaged and ANY license fee for currently using it should include a like amount of $$$$$$$ for past usage and damage. You don't use others IP and then say 'ooops, we forgot we had it' and continue with life without concern for the harm and damage. That is the real world, not one that is always 'nice' to get a license fee and forget past injustices done.

So, you still don't know, after six years of owning stock, what 'emPath' does.

Well, you shouldn't have missed the webinar presentation by NOW Solutions in January of this year. Was very impressive, they had a few tech problems during their first presentation but those, I'm told, will be corrected in any future 'webinars'. I'm glad I saw it because I understand what 'emPath' does and does it sooo VERY well...as proven by the huge contracts recently signed by NOW Solutions which have not been announced due to being in 'stealth' mode during the time the contracts were signed.

I will copy the PR about the webinar below for your reading pleasure. Everyone had ample time to sign on and see it first hand. The presentation wasn't put on the NOW Solutions website because of infringement and security concerns.

Oh! And, you continue to misstate what I write. You copied what I wrote:

"Well, CDC knew what they were buying in Ross Systems and it didn't include the NOW Solutions 'emPath'."

ANY due diligence by even an ape would have provided that information to CDC. So, yes, CDC knew what they were getting from Ross Systems, VCSY Law Suit and ALL. It certainly should NOT have included 'emPath' of NOW Solutions and if they used it or are using it, VCSY will do what is necessary to correct that situation.

I wrote nothing that stated Tinley provided 'emPath' to CDC, that is up to the reader conclude or not. Lawyer speak or not...and, if you are implying that a lawyer from CDC is coming after me, let them. I'm not shaking and I'm not going anywhere. In fact, CDC has my email address since they send me information so they know where to find me. Won't be the first time, or the last.

Now, I will close this and if you want to continue to protect CDC with nonsense, then we will go forward on that topic and ignore for the time being all the other GREAT things going on at HQ of Vertical Computer Systems.

So, below is the info on the webinar by NOW Solutions. NOW Solutions wanted everyone to view it and see what 'emPath' can and does DO for business. NOW Solutions is VERY PROUD of 'emPath'!

RR
IMO
Ps: I've posted articles about SaaS, NOW Solutions and Verizon in the recent past but if you want to read them again, let me know and I will copy and paste them when I have more time. 

Posted by Portuno Diamo at 5:43 PM EDT

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Mood:  hungry

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181510 

By: RapidRobert2
12 Apr 2007, 03:09 PM EDT
Msg. 181510 of 181521
(This msg. is a reply to 181508 by stillwtr19.)

stillwtr: It shows if CDC knew it was using the NOW Solutions software 'emPath' when they discharged some employees for breach then they should have stopped using said software in their business. That action by CDC was in January 2006 so they knew about it prior to that and we aren't sure if 'emPath' or NOW Solutions software was the reason since CDC hasn't stated a reason for the dismissals of those employees and I don't remember reading followup that CDC filed charges against the employees.

But, IF it was for illegally using NOW Solutions 'emPath' then CDC should have stepped in and settled with VCSY/NOW Solutions and also signed license agreements, with prior use money, for using the software. Having top employees using a product illegally isn't a defense if the action isn't compensation to the harmed party and action taken to correct the past use.

Of course, this is conjecture since we don't know if the action of firing those employees by CDC had anything to do with software or NOW Solutions or even the lawsuit by VCSY.

The trial continues next Tuesday and I think we will see a verdict the same day, Tuesday. I think the jury will favor VCSY and award monetary damages. How much? Anyones guess. Yes, it could go against VCSY but VCSY has the advantage from my viewpoint and from reports within the courtroom.

Later
RR
IMOi??

Posted by Portuno Diamo at 4:32 PM EDT

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Mood:  cool

This here's a fine example of varmint plinking off the steps of the saloon. Sometimes the gophers dig to within a few feet of the womens and we has to 'handle it' and all. The women are grateful like and the men get to brag to the grandkids how many gophers they plugged.  

I need a drink t' get this riverbottom dirt out of my throat.

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=181506 

By: morrie33
12 Apr 2007, 02:31 PM EDT
Msg. 181506 of 181516

tryfool...no one will answer your questions. No one likes you, respects you or thinks you deserve any attention. We've all posted that before. You don't get it. You're a liar. You have an agenda. You said you were leaving, yet you're always here.

No one's going to answer your questions, so you can keep asking, but you're going to get the same response. Complete silence. You're being ignored.
 

Posted by Portuno Diamo at 4:00 PM EDT

Updated: Friday, 13 April 2007 4:43 PM EDT

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Mood:  amorous

By George, she doesn't have it. I dare say we shall needs send her to diction lessons. LOTS of diction. Oh, Emily??

http://www.cdcsoftware.com/news/pr/items/20060306a.aspx

CDC Corporation Issues Clarification to Its Q4 2005 Preliminary Results Announcement

BEIJING and ATLANTA, March 6, 2006—CDC Corporation (NASDAQ: CHINA ; www.cdccorporation.net) today announced that in connection with its strategic review and preparations for Sarbanes Oxley, it had reviewed its expense controls by examining various historical costs incurred by the company. The review process uncovered areas in which recovery actions against former employees may be warranted with an aggregate amount that is not currently expected to exceed US$600,000. This includes a matter involving a former executive officer of CDC Software, Asia Pacific in which the company has filed suit against the former executive in the High Court of Hong Kong for breach of fiduciary duties as a result of alleged conflicts of interest stemming from an arrangement with a third party and failure to comply with the company's travel and expense policies. The former executive has denied the allegations and indicated his intention to defend against the suit. The proceeding is at a preliminary stage and no timetable has yet been set for discovery or trial.

The alleged wrongdoing does not affect the company's previously announced results, and will not impact the 2005 audit or future financial statements. The company has taken corrective action with respect to its expense controls to prevent a reoccurrence of such incidents.

Posted by Portuno Diamo at 3:50 PM EDT

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Mood:  vegas lucky

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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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 

Posted by Portuno Diamo at 3:47 PM EDT

Updated: Thursday, 12 April 2007 3:49 PM EDT

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