« August 2008 »
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
You are not logged in. Log in
Entries by Topic
All topics  «
Announcements
Growth Charts
Memories
Prenatal Visits
Soundings
Technical Trading
The Squirts
Ultrasounds
Blog Tools
Edit your Blog
Build a Blog
RSS Feed
View Profile
Port's Pot
Thursday, 21 August 2008
Blood on the gunwales.
Mood:  don't ask
Now Playing: Pinky's Disdain - Leftover meal breeds vermin and pestilence in this raucous and ribald affair (black comedy)
Topic: Soundings

jolly-roger.gif

And the jolly roger in the crow's nest.

HAARRRRR... We be racking the rudder for another run at the Queen's fleet.

Every man and his sword. You ladies and your fingernail files.

Except for you, snooky wookums. You're barely out of diapers and you need your mommy's arms for comfort.

HEADS UP

You grew up pretty fast there, snooky. Now it's time for you to move out and get your own place. Life ain't fair, is it? Well, no problem. I'll still hep you out when you get in a bind but sucking on the old bottle isn't a productive way for you to live, so, read and learn. It's the only way you'll mature.

The Microsoft situation is not the end-all and be-all of VCSY's actions. The impact of the patents apply to every company aspiring to interconnect and interoperate with all other platforms on the internet.
If VCSY's lawyers have said to remain silent while they negotiate and prepare to litigate with others, there is nothing sensible to urge VCSY to say anything more than what they said in their 8-k. And to rant and race about forcing Wade to talk is simple nonsense. All the man is required to do by law is keep us informed by 8-k (which he has done promptly while Microsoft has STILL not filed an 8-k on the settlement - hundreds of millions of dollars to MSFT is not a significant event and everyone knows that - they just conveniently forget that when they need to have something to worry about). The SEC doesn't have much say on how companies put out PRs. The company's interests govern that. And if you think VCSY can negotiate with all the ducks they would  need to line up after this settlement in a few weeks, you really need to get out of buying stocks altogether for your own stupid good.
What VCSY enemies (and I use that word emphatically) want everyone to believe is that VCSY has had its one shot pop and that's all there is. If that were the case and if Wade were the typical scam CEO (and there are plenty out there - many of them in multi-billion dollar companies - just read the newspapers) he would be pushing PRs out to the public has hard as he can. He doesn't. In fact, there was no PR for the settlement - only an 8-k: a responsible, measured means of notifying the people who should be notified - the shareholders.
Those who are trying to use bits and pieces of what "appear" to be logical arguments fail to take their logical processes to the natural conclusions. Why? Because they can't support their views with a full logical flow. They donE?t even bother to try. They simply need to take the process to the point you will begin to worry, knowing you won't put out the effort to think and learn enough to take what they're saying and carry the thought processes beyond the worry point and look at the situation unemotionally.
If you find that's what you're doing, please sell now while you can claim your profits. Please get out of penny stocks. You don't have the equipment to play and you're going to get hurt.
In other penny stock outcomes, their logics ring true. That is the result they count on.
But, when you have a company like VCSY which has survived against all odds from the dotcom bust that killed every other company like VCSY, which has stayed alive by the infusions of cash by their own officers and friends, which has beaten a determined effort by Ross Systems and Chinadotcom (I know it's called CDC but I wanted to remind everyone where they came from in 2000 and where they ended up today), which has taken Microsoft to the bar and had them settle faster than in any other litigation Microsoft has fought....
This may be a surprise, but, those who are trying to discourage those who own shares all have my encouragement. I want the shareprice down to 3 cents and lower if possible. Buying at 5 cents is depressing. I look in my account and see all those shares I bought at 1.5 and below and, damn, that's depressing to now have to pay three times that.
But those of you slamming VCSY really need to bone up on your arguments. Your arguments are very lame because they're only piecemeal. Little bits of logic unconnected from a natural progressive string of logic that fails to complete the circle works only for a while. And it only works on the weak and the uninformed. I havenE?t seen any of you able to take your arguments beyond the most basic efforts. Pitiful. You can do better than that.
Those of you afraid of the things these people are telling you, please sell now. You're not fit for this kind of stock. Please sell so you won't be able to complain if November brings more silence. If you haven't been able to make a profit buying in before the settlement and you're worried about what happens next, sell now and cut your losses. That's my honest advice for you.
I foresee the stock price dropping a great deal between now and November if there is no news before then. That's a logical conclusion and, if you would like, I can explain that understanding. I can also explain there are those out there who are smart investors and traders who know a logical train when they see one and they know how to use your emotions and your failure to think against you.
Those kind of people don't stay on a message board hammering a penny stock for no reason. They have a reason and it's exactly opposite what they will tell you.
We always complain they're "paid posters" funded by some obscure nefarious body "out there" to bash VCSY and that is certainly a probability with some who are the most vociferous antagonists - the ones who've been here for years and continue the grind. I believe those are the ones who were part of the effort to take VCSY down and theyE?re here to continue the fight and to save their own skins.
But who are all these other guys? I'll tell you who they are. They're people who see what's happening. They understand what they see. They're very smart people who've been able to piece together the train of logic from one point to another and they want. They want the stock cheap. And they know they can get it from your weak, whiny and wimpy butt. And they will. And from now on I will help them. I will point out to them where their arguments are weak in hopes they can do a better job and drive the shareprice down.
I want the day traders out. I want the weak hands out. I want those who don't know why they own the stock out. I want everyone who's had a chance to get in cheap in the months before the settlement to take their bump up and be happy. You had a rise of a few hundred percent. I don't think you have anything to complain about and I'm giving you fair warning I'm tired of babysitting and holding your hand. I intend to talk you into leaving so those who do know what they're buying will have a chance to lock on to much more. They deserve that chance to protect their future efforts against people like you and the traders who will sell the day after the first major PR.
The bottom line is, it's the bottom line that matters now. I've been here this whole time telling you what the technology is about and where it's going. You've had the chance to learn and none of you can complain I haven't been generous in giving you the chance. But, the chances are over. Now, it's your turn to either learn for yourself and decide for yourself or leave. And it's my turn to benefit from what those who are less scrupulous and honest than myself will do between now and the next filing.
Fair enough warning? I think so. I don't know how I can be more open and obvious. People like those you can't argue against know how to play your strings and you can bet Wade knows how to play their strings. Sure, theyE?re outgunned, but youE?re going to get hit in the crossfire and that would be a shame. I've been very happy to see each of you get a chance to see the next generation of software develop before your eyes. It's something you only get a few chances in a lifetime to experience and you've been sitting in the front row.
But, the seminar is over.
I don't have a problem with these kinds of people bashing the stock and driving the newbies away. I hope they do their job well because I know they will handle the stock more usefully and won't sell in an emotional panic, the way you and the clueless newbies will.
I also think Wade and his advisors know enough about what he's doing to be able to play the traders. They always think they're smarter than the next guy. That's what puts them into whipsaws. That's what will make you cry and whine. I like it when that happens to them. I don't like it when that happens to you. So go away so I won't feel bad about playing the saw.
Think about what someone like me would be like if I had my scruples shot off in the war. I would be able to completely bamboozle every one of you who don't understand the technology into selling quickly. Why would I do that? So I could own much more stock at a much lower price.
NOW do you get it? If you do, enjoy. If you don't, leave.
You have been warned.
portuno 

 


Posted by Portuno Diamo at 10:08 PM EDT
Updated: Thursday, 25 September 2008 10:33 PM EDT
Tuesday, 19 August 2008
Step up the stairs, don't stare up the steps.
Mood:  accident prone
Now Playing: Hunting at the Zoo - Safari makes wrong turn at mayhem and irony (sex education)
Topic: Prenatal Visits

Once upon a time I started this "journey". It's been more like a hitchhike to hell but, hey, one must do what one must do for one's "fans".

Ah yes, the roar of the grease.

http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_M/threadview?m=tm&bn=12004&tid=1418301&mid=1418301&tof=2&frt=2

By Portuno(Yahoo/VCSY board) I've posted about the VCSY technology since 2000 and I've correctly demonstrated the VCSY technology method predated AJAX, Comet, SavaJe, Smart Client and all the so-called next-generation agendae wavers.

You can call that pump and dump if you want, but I would call it a skillful analysis of very murky information and confusing signals. I know Al doesn't want that to be, but, it's already far past the location when Al can discuss the technology, so he resorts to ridicule, insults and threats.

Fortunately, Raymond Niro is the kind who will take an active role in rooting out vermin like our paid-poster Frenkel. Perhaps litigation against paid-posters will unfold to become a legal industry all its own.

And perhaps Al, hawcreek, and kalafella can join the bevy of Raging Bull posters who've said some agregious things that may be copied to haunt them. (note: the aforementioned usernames are posters on Yahoo the reader would do well to avoid.)

These negative, insulting rants Al feels compelled to post about me are a typical strategy with people who can't explain or debate the issues and have been beaten on the subjects at hand. So we see Al rattled by the Frenkel issue, and here we are waiting for a two week extension requested in the VCSY v MSFT case... and Al knows why lawyers ask for delays. (note: this was written a few weeks before Microsoft settled with VCSY on the 6826744 issue. Al is a nuisance poster on Yahoo MSFT who is defending open-source interests.)

And with Ozzie's comments last week about granny getting out of the sickbed and joining the party, we see a different kind of internet being predicted.

If you will look back through my posts (those which the unhappy have not succeeded in deleting, that is) you will find what the world is crowing about "revolutionary" today was quite easy to read in 2000.

 http://clearstation.etrade.com/cgi-bin/bbs?Cmd=post&post_id=1999468&Refer=http://clearstation.etrade.com/

http://clearstation.etrade.com/cgi-bin/bbs?Cmd=post&post_id=1999464&Refer=http://clearstation.etrade.com/

http://clearstation.etrade.com/cgi-bin/bbs?post_id=1144913&usernm=Portuno_Diamo

http://clearstation.etrade.com/cgi-bin/bbs?post_id=1114211&usernm=Portuno_Diamo

http://clearstation.etrade.com/cgi-bin/bbs?post_id=1069916&usernm=Portuno_Diamo

Do your own digging and do your own thinking. If you put forth some effort you can educate yourself today to see where the web world is going tomorrow. If you don't put out any effort, you'll end up reading about it as an investment opportunity in a magazine... when everybody else finds out.
------------------

Like I said. Do your own digging and do your own thinking. It's not as hard as everyone tells you it is.


Posted by Portuno Diamo at 12:15 AM EDT
Updated: Tuesday, 19 August 2008 12:35 AM EDT
Sunday, 17 August 2008
Squeezing the Lemons to Make Wine.
Mood:  cool
Now Playing: Watching Watching - Small town peeping tom's get new binoculars (modern mockups)
Topic: Ultrasounds

Here ya go pooky pie. You need to go to school.

...if you intend to be able to find and follow what's going on in software and information processing in the future, learn about semantic processes.

http://www.baselinemag.com/c/a/Search/Understanding-Semantic-Web-Technologies/
Understanding Semantic Web Technologies
( Page 1 of 5 )

http://www.baselinemag.com/c/a/Search/Understanding-Semantic-Web-Technologies/1/
Understanding Semantic Web Technologies - Semantic Web Technology: Providing Context
( Page 2 of 5 )

http://www.baselinemag.com/c/a/Search/Understanding-Semantic-Web-Technologies/2/
Understanding Semantic Web Technologies - Semantic Web Technology: Leaning on Obstacles
( Page 3 of 5 )

http://www.baselinemag.com/c/a/Search/Understanding-Semantic-Web-Technologies/3/
Understanding Semantic Web Technologies - Semantic Web Technology: Making Data Usable
( Page 4 of 5 )

http://www.baselinemag.com/c/a/Search/Understanding-Semantic-Web-Technologies/4/
Understanding Semantic Web Technologies - Challenges
( Page 5 of 5 )
---------------

Patents 521 and 744 are important because they allow for a foundation upon which to build semantic processes and infrastructure by building a bridge between disparate proprietary operating systems and computing resources across TCP/IP networks.

I hope that will make things a little more plain and easily understood for those of you trying to come up to speed.

The article (page 5) says adoption will be over a five to ten year period but I disagree. The kind of productivity and usability offered by semantic technology will become its own adoption driver.

----------


Posted by Portuno Diamo at 7:53 PM EDT
Updated: Sunday, 17 August 2008 8:01 PM EDT
Saturday, 16 August 2008
The Markman Hearing That Didn't Happen
Mood:  accident prone
Now Playing: Historic Markers - Whiteboard incident turns into national monument (Cartoons)
Topic: Announcements

(Me: I'm glad to see Microsoft talking more openly now but we should remember exactly why and how they found their tongue.)

http://www.marshallnewsmessenger.com/news/content/news/stories/2008/072408_web_microsoft.html
Patent hearing in federal court Friday


Wednesday, July 23, 2008

Lawyers representing Vertical Computer Systems and Microsoft will gather in federal court here Friday for a pretrial hearing in the patent infringement lawsuit Vertical has filed against the computer giant.

Known as a "Markman" hearing, Friday's session will allow the judge to hear testimony from both parties on the appropriate meanings of the relevant key words used in the claims of a patent, the infringement of which is alleged by Vertical, the plaintiff.

To hold a Markman hearing in patent infringement cases has been common practice since it was determined by the U.S. Supreme Court in the 1996 case of Markman v. Westview Instruments, Inc., that the language of a patent is a matter of law for a judge to decide, not a matter of fact for a jury to decide. Magistrate Judge Charles Everingham will preside over the 1:30 p.m. hearing.

Vertical Computer Systems, based in Fort Worth, is suing Microsoft for patent infringement related to Microsoft's .Net framework for building Windows-based software.

Vertical filed suit on April 18, 2007, in U.S. District Court for the Eastern District of Texas alleging that Microsoft has infringed on its Patent No. 6,826,744 for "a system and method for generating computer applications in an arbitrary object framework," so that "each may be accessed or modified separately."

The patent — filed in 1999 and awarded in 2004 — is for Vertical's SiteFlash technology, which utilizes XML (Extensible Markup Language) to create a component-based structure to build and efficiently operate Web sites, according to the company's Web site.

The complaint says Microsoft is still willfully infringing on the patent despite Vertical having put Microsoft on notice about it on Feb. 7, 2007.

Vertical, which describes itself as a global Web services provider, is asking for a jury trial.

On July 13, 2007, Microsoft filed an answer to Vertical's complaint, alleging various defenses and counterclaims. On Aug. 2, 2007, Vertical filed a reply to Microsoft's defenses and counterclaims.

The court has set trial for March 2009.

The parties are in the process of discovery.

(end article)
---------

(Me: But the Markman Hearing didn't happen because Microsoft settled with VCSY.)

http://blog.seattlepi.nwsource.com/microsoft/archives/144577.asp

Todd Bishop's Microsoft Blog

Microsoft settles patent lawsuit over .Net

Microsoft has reached a settlement in a patent-infringement lawsuit filed last year by Vertical Computer Systems, according to a filing by the mediator in the case: PDF, 1 page. The Fort Worth, Texas, company's complaint alleged that Microsoft's .Net development system violated a patent issued to Vertical in November 2004.

The court docket doesn't reveal financial details or other information about the settlement. I've contacted a Microsoft representative and Vertical Computer's lawyer, and I'll update this post depending on the response.

Here's a copy of the original complaint: PDF, 4 pages. This InfoWorld article from last year has more background on the case.

(Thanks to the tipster who alerted me to this.)

Posted by Todd Bishop at July 28, 2008 12:13 p.m.
Category:

----------

(Me: On the day of the scheduled Markman Hearing, Microsoft pledged to change their ways.)

http://www.pcworld.com/businesscenter/article/148952/microsoft_stodgy_or_innovative_its_all_about_perception.html
Microsoft: Stodgy or Innovative? It's All About Perception

Nancy Gohring, IDG News Service
Friday, July 25, 2008 12:50 PM PDT

(excerpted to make a point)

After the demo, one analyst commented to Mundie that the technology looked great but that the rest of the world doesn't get to see such demonstrations, and he urged Mundie to spread the word so that people will perceive Microsoft as the innovative company that it is, rather than as a legacy software vendor.

Mundie pledged to do just that. "That is a commitment I can make to you and to shareholders," he said. For years, he and Microsoft founder Bill Gates spent a lot of time on the road talking about Gates' vision of the future, he said. "Over the last few years, both of us got out of the habit of going out and talking about it. I think we share your observation that we haven't done a great job in recent years communicating about the tremendous things this company does."

As Mundie and others begin talking more about new innovations, however, the company runs the risk of being accused of marketing "vaporware," a criticism it has faced in the past. In fact, Microsoft has been accused of announcing its work on technologies very early as a way to discourage other companies from developing similar products in competition.

CEO Steve Ballmer assured the crowd of analysts that the company is working on streamlining its online brand and developing a single page where people can find all available Microsoft online services. The page will predominantly feature a search bar, since that's an opportunity for revenue, but it will also display content tailored for each user, he said.

(more at URL)
--------------

(Me: And now Microsoft can link up Windows 7 with their newly named Windows 7 Server.)

http://blogs.zdnet.com/microsoft/?p=1531
August 15th, 2008
Confirmed: Microsoft to proceed directly to Windows 7 Server
Posted by Mary Jo Foley @ 3:49 pm

(also excerpted to make a point)

Microsoft’s Windows Server division has veered from its regular schedule to eliminate — at least in name — the minor “R2″ update of Windows Server 2008 that was slated to arrive in the next year or two. The result: The next version of Windows Server that Microsoft will ship will be named “Windows 7 Server.”

Just last week, I asked Microsoft about the seeming discrepancies (2009 vs. 2010) in its promised Windows Server 2008 R2 dates. At that time, company officials refused to comment. I didn’t think much of their silence, at the time, since Microsoft was busily prepping WS 2008 R2 sessions for its Tech Ed Barcelona conference in November of this year.

But this week, Microsoft officials decided to speak. And the official word is that WS 2008 R2 and Windows 7 Server are one in the same. The next release of Windows Server is Windows 7 Server and it is due, according to the new timetable, in 2010.

...late in the day on August 15, Microsoft sent me a note of clarification. Here’s is the only official comment I have so far, from a company spokeswoman:

“The company is still not yet disclosing specific release date/timing for this, but it does list 2010 as the timeframe on the roadmap page on Microsoft.com, which Ward notes in his comment. This of course is in keeping with the 2yr (minor)/4 yr (major) schedule for Server OS releases, as R2 is a minor release post Windows Server 2008.”

The change in plans leaves me with lots of questions, to none of which I’m expecting answers. (But I’m asking anyway.) My short list:

  • When and why did Microsoft cancel WS 2008 R2? Or is it simply renaming WS2008 R2 in order to make it clearer that Windows 7 Server and Windows 7 client are meant to be “better together”?
  • Has the Windows Server team decided against releasing any and all future R2 releases?
  • Are Windows client and Windows Server teams moving away from their previously stated “major-minor” delivery pattern (with a major release of Windows followed every two years by a minor one)? And if so, why?
  • Is Microsoft expecting Windows 7 Server to ship at the same time as Windows 7 client? If so, does that mean that Windows 7 Server is, in fact, likely to ship in late 2009, as Windows 7 client seems to be?

(More at URL)
-----------

(Me: Maybe now we can all get down to business)

http://news.zdnet.co.uk/internet/0,1000000097,39460401,00.htm

Semantic web on verge of commercial viability

Tim Ferguson
Published: 12 Aug 2008 09:08 BST

Semantic web technology is on the verge of becoming commercially viable for businesses looking to develop their web capabilities.

"Semantic web has been around for a while now. A lot of work has been done on the building blocks," he explained.

There will be significant increases in the real-world application of semantic technology over the next 12 to 18 months, according to Davies, who cited examples where semantic web technology is already in use.

Microsoft is also investing in semantic web after acquiring natural language search firm Powerset for $100m (£50m) earlier in August.

(more at URL)
------------------

(Me: And you should study to make sure you understand why this is all happening.)

http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_V/threadview?m=tm&bn=33693&tid=8602&mid=8610&tof=5&frt=2
Ahhh yes. Movement.
16-Aug-08 12:06 pm
by portuno_diamo (Me)

The key point to remember is VCSY technology (7076521) is an infrastructure basis for knitting together data resources which are of fundamental importance to interoperability. The path is bidirectional and any resources may be applied to the transformation and transport dynamically.

The other component of VCSY technology is patent 6826744 (the patent involved in the litigation). 744 aka SiteFlash is a web based operating system (a development and execution platform) with distinct content, format and functionality fitted as arbitrary (able to mate with any other) objects.

Those two capabilities allow for building very granularly applied arbitrary objects (using 521); the kind of thing you can use to build applications including operating systems like Midori.

Once you have the operational base built, you need applications that will act as processing resources across the base platform (whatever you've decided to build).

The following acquisition by MSFT is an example of the kind of actions Microsoft and others will be doing as they populate their base operating platform. Remember the operating platform may exists as many various functional arrangements. The two patents allow for building and actuating resources as needed when needed and only in the "amount".

http://www.technologystory.com/2008/08/03/search-goes-to-work/

(more at URL)
---------


Posted by Portuno Diamo at 6:33 PM EDT
Updated: Sunday, 17 August 2008 12:03 AM EDT
Monday, 11 August 2008

Well, I've been unable to post this to the Yahoo VCSY board so I suppose I'll set it here for right now. 

As I've said before, the "technologists" who are blathering their lame opinions are going to be asked for an explanation as to why they didn't see this more clearly. It's all very easy to see IF you bother to read what's available.

The reader needs to be able to explain how Microsoft can suddenly confront issues in .Net and Sharepoint that were such contentious areas only a couple months ago (search "vote of no confidence" + ADO.Net Entity Framework).

Are we to believe MSFT had the fixes available all the time and they suddenly "responded" to customer feedback? Or was there something else allowing these shelved fixes to be put in play so quickly?

So, reader, what "sudden" event can place Microsoft in a position to say "And now, we can do things so much better with .Net."?

Read where .Net got a sudden upgrade in capabilities (I'll place my comments in parens to avoid confusion):

http://biz.yahoo.com/prnews/080811/aqm037.html?.v=60

Microsoft Breaks New Ground in Helping Developers Build and Deploy Client, Web and Data-Driven Applications

(portuno: the title says it all)

"Visual Studio 2008 SP1 and the .NET Framework 3.5 SP1 had an extremely positive impact on our ability to develop a Web-based application ...in fact, it helped us boost development speed by 60 percent"

(portuno: "boost development speed by 60 percent". One of the primary advances in SiteFlash [patent 6826744] and MLE [patent 7076521] is very rapid development. Compare MSFT's previous timetables on producing complex solutions with what they are able to do now.)

"new capabilities such as ADO.NET Entity Framework and ADO.NET Data Services meant we didn't have to worry about any of the underlying plumbing and could simply focus on building a highly responsive and interactive experience for users..."

(portuno: read the patents and you will see this kind of elevation beyond nuts and bolts to an abstraction of the workspace.)

"New Breakthroughs for Developing and Deploying Client Applications"

(portuno: where were these things "9" months ago? Heck, where were they 6 months ago when MSFT was struggling to puff itself up enough to scare Yahoo into sellling? These capabilities were available in the patent claims. But! They were not available for MSFT to use in public due to the litigation.)

"...developers can more easily deploy client applications thanks to an 86.5 percent reduction (197 MB to 26.5 MB) in .NET Framework size..."

"Developers now can quickly and simply deploy new and existing rich-client applications to a broader audience."

(portuno: ...as opposed to previous versions of Microsoft development tools and environments.)

"Simplified Development of Web and Data-Driven Applications"

"With .NET Framework 3.5 SP1, the .NET Framework now offers support for ASP.NET Dynamic Data, which provides a rich scaffolding framework that allows rapid data-driven development without writing code."

(portuno: Again, as I have admonished technologists for the past two+ years: read the patents. Those of you who want to treat the patents as a marginal concept with little or no significance are placing yourselves in position to have to explain how MSFT achieved all these new advancements with their existing cache of tools and capabilities. You can't and you might as well be honest with your own denial mechanisms.)

"...via delivery of a single framework for service development that spans enterprise-critical applications and emerging rich, interactive applications."

(portuno: What's the matter, reader? Getting flogged by your own mind? You're not paying attention, are you?

How did Microsoft come up with such brand new functionality while they've been suffering and delayed until only the past few weeks?

Amazing rejuvenation in the works and the MSFT shareprice shows.)


Posted by Portuno Diamo at 3:40 PM EDT
Updated: Monday, 11 August 2008 6:46 PM EDT
Tuesday, 5 August 2008
And the Fireants Take the Field.
Mood:  don't ask
Now Playing: Crimson Foam - Tide floats. Foam engulfs (Varsity Ballgaming)
Topic: Ultrasounds

Looks like the beginnings of a new message board(s).

http://www.microsoft-watch.com/content/corporate/microsoft_resolves_vcsy_patent_dispute.html

http://weblog.infoworld.com/robertxcringely/archives/2008/08/microsoft_bites.html


Posted by Portuno Diamo at 11:29 PM EDT
Updated: Wednesday, 6 August 2008 12:09 AM EDT
Saturday, 2 August 2008
Watching the technicals go by.
Mood:  lazy
Topic: Technical Trading

I think it's important to have a technical view of the stock. So, here's one kept in its own special box as "Technical Trading" in the list of topics to the top of page.

http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_V/threadview?m=tm&bn=33693&tid=7777&mid=7777&tof=1&frt=2


Posted by Portuno Diamo at 12:53 PM EDT
Updated: Saturday, 2 August 2008 1:04 PM EDT
Thursday, 31 July 2008
Would Microsoft Buy VCSY?
Mood:  a-ok
Now Playing: Antipasta Dinner - Noodle Haters of America debate macaroni (spagetti logic)
Topic: Growth Charts

This is regarding the 20 for 1 split in 2000 that left almost 1billion shares in the float. You might call it a porcupine fish - anything trying to swallow more than half of the thing strangles on the last little bit.

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=217838

By: mertonoptions0
31 Jul 2008, 09:31 PM EDT
Msg. 217838 of 217839
Jump to msg. #  
The more I think about MSFT may want to buy a stake in VCSY to get some of their money back. Now we know the float is big so it would take some time for them to get it done. That would mean a lot of buying pressure and steady rising PPS.

(Voluntary Disclosure: Position- Long)

We all know using paid posters to mitigate public image is something documented among industry players. Is there any reason that should not be true on long message boards?

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=217839

By: mertonoptions0
31 Jul 2008, 09:34 PM EDT
Msg. 217839 of 217840
Jump to msg. #  
That might be why the bashers are hanging around.

(Voluntary Disclosure: Position- Long)


Posted by Portuno Diamo at 9:38 PM EDT
Updated: Saturday, 2 August 2008 11:58 AM EDT
Stipulation Order Signed in VCSY v MSFT Settlement
Mood:  hug me
Topic: Ultrasounds

Barstowblues reports Judge in VCSY v MSFT has signed stipulation order.

http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_V/threadview?m=tm&bn=33693&tid=7604&mid=7604&tof=7&frt=1

'STIPULATION ORDER' HAS BEEN     31-Jul-08 10:58 am    
barstowblues

GRANTED BY THE COURT IN EAST TEXAS...

JUDGE HAS APPROVED & SIGNED OFF ON THE SETTLEMENT DOCUMENTS.

ITS WAS POSTED ON PACER THIS MORNING. SOMEONE ON RB SHOULD HAVE A COPY POSTED SHORTLY.


THIS IS GREAT NEWS FOLKS!

WE ARE ALMOST THERE!


Sentiment : Strong Buy

----------------
Now we wait for figures and terms on settlement and we await word on VCSY's business plans and prospects.


Posted by Portuno Diamo at 1:30 PM EDT
Updated: Thursday, 31 July 2008 1:43 PM EDT
Wednesday, 30 July 2008
Making Babies Means Money
Mood:  happy
Now Playing: Hopping On The Hog - Animal rights parade turns into broohaha (reality animal house)
Topic: Growth Charts

Quack Quack. Smells like a duck. Dinner.

Well worth reading. Puts Settlement + Stipulation quite well.

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=217164

By: scdawgfan
29 Jul 2008, 10:42 PM EDT
Msg. 217164 of 217178

for what it is worth...

I have been a shareholder since before the split and some of you may remember me from one of the other forums. I have been visiting this site on a daily basis for about 8 yrs now, but I don't think I have posted before. If so, it was a long time ago and probably under a different handle.

Anyway, I thought I might be able to share some insight on the recent legal developments...for whatever it is worth. I am a lawyer in SC and primarily handle civil litigation matters as defense counsel. I confess that in over 10 yrs of practicing, I haven't handled a single patent infringement case. Not much call for that here. However, I regularly handle cases in the US District Court for the District of SC and I have mediated and negotiated many settlements of a variety of types of civil cases.

I am surprised that the questions raised by several of you over the past couple of days have not been answered by another lawyer by now, but I thought maybe I should at least share my experience.

First, let me say that the filing of the mediator's report was wonderful news to me. I have been hoping for a settlement ever since the news broke about the suit being filed. Had this case gone to trial, we would like be several years from a resolution. I've yet to see a defense lawyer walk across the courtroom after a plaintiff's verdict and whip out a checkbook. And the larger the verdict, the greater the likelihood of an appeal. Thus, I am glad a settlement has been reached. In this case, a bird in the hand, regardless the size, is better than two in the bush.

Second, as for the forms, they appear to be fairly standard. The mediator's report typically does not contain any details of settlement terms and is usually brief and to the point. In this case, given the hearing date of 7/25, of it was probably necessary to get the report filed in order to get the hearing canceled. The stipulation of dismissal is also a fairly standard (and brief) document. The fact that it includes the language "with prejudice" simply means that all claims that were brought as part of this action are dismissed with finality and cannot be brought again. Sometimes dismissals are made without prejudice when a plaintiff wants to buy time from a trial roster or may not have the right defendant, but is not certain and doesn't want to extinguish the right to file suit against the same party again. Anyway, it simply means that all parties agree this matter is over.

It is customary for settling parties to pay their own lawyers and costs. However, that does not mean that the settlement figure does not take VCSY's fees into account. The settlement documents might not say it specifically, but I have been in many mediations where I have negotiated settlement figures based upon the estimated net recovery of the plaintiff. Otherwise, what's the point. Until you get to numbers large enough for the plaintiff to pay their lawyers and costs, you are not giving the plaintiff any incentive to settle the case.

Like most of you, I have spent the last several days dreaming about the possibilities and quite frankly, love the idea of early retirement. However, I am trying, though very difficult, to keep some perspective. After all, many of us have spent the last 8 yrs or so thinking about what we could have done with the money if we had only sold at 6 bucks. To be honest, I had serious doubts that days like Monday would ever return. It almost seemed surreal. I hope this is our last laugh, but we need to be patient and let it play out.

The speed with which technology improves has enabled us to monitor federal court filings in almost real time now. This type of monitoring has only been available for a few years (at least in SC, but we usually get things last). Anyway, back in the day, we would have only heard about this filing if a newspaper or other media outlet reported it by having someone monitoring the filings by actually flipping through them at the courthouse. Now we have that luxury. As a result, we have come to expect information to be released faster than ever before.

It is not unusual for a case to settle at mediation and not actually be "wrapped up" for weeks depending upon the complexity of the terms and the time it takes to get the money. Thus, I have been reminding myself of this fact for the past few days and trying to be patient. The filing of the stipulation could be very significant however. I have never signed a stipulation of dismissal and sent it for filing before the actual settlement agreement was fully executed and I would expect that a case like this with heavy hitting lawyers involved would be no different. Thus, I am expecting and hoping that we will see some news with more specifics very soon.

As for all the speculation, I am not going to engage in that kind of stuff on this board. I have some thoughts and I also hope some of the things I've read on here will actually happen, but I don't see the point in arguing about details we no nothing about. It's funny how some folks on here will take a shot in the dark on some point and if they turn out to be correct, however so brief, they proclaim themselves to be some kind of authority on every other unknown issue of debate.

I have been typing for awhile now and apologize for the rambling. I will leave with this...I am very confident that VCSY came away with something significant from this settlement. I do not believe Niro would have risked his reputation on a "penny stock" without a damn good reason. That said, I would be surprised if VCSY got what some of you have opined would be "full value" for its claims. Settlements are about compromise and evaluating risks associated with trial, both financial and intangible (i.e. media coverage). Hopefully, VCSY had the goods as we all believe and that was enough leverage for it to come away with a significant settlement that is either large enough to put us on the map as a legitimate tech company or configured in such away that we become big fans of MSFT because of a partnership of some degree. While not impossible, it is rare for one party to walk away from a mediated settlement with the feeling that they really stuck it to the other party. Typically, one party pays more than they want to and want party accepts less than they want to...all in the name of avoiding the possibility of verdict that is a nightmare. Money is a motivator, fear is too. When the two are used together, deals can get done.

Good luck to us all. We have already come a long way back. We may not wake up to gapped up price of $5 that spares us from the gut wrenching experience of the roller coaster, but hey...at least we are getting to ride again.

SCDAWGFAN


- - - - -
View Replies »

---------------

Isn't it nice to have the services of an attorney for free by way of socializing technology... also free? Thanks SCDAWGFAN. Remember from the treefort days at programmers heaven. Nice to have old gang post again.


Posted by Portuno Diamo at 12:04 AM EDT
Updated: Wednesday, 30 July 2008 12:32 AM EDT

Newer | Latest | Older