Mood:
coolTopic: Chinadotcom and VCSY
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=180975
| By: RapidRobert2 |
| 06 Apr 2007, 12:50 PM EDT |
Msg. 180975 of 180977
(This msg. is a reply to 180973 by Sliver_Fox.)
sliver: "Mens Rea" wouldn't apply since the intent was to cover up having the software by Ross. It was a lapse of memory of one employee to ask for 'help' from NOW Solutions for a tech fix of the software. It wasn't just a 'state' of mind to use it and forgot it was against several agreements between Ross and VCSY/NOW Solutions. It was plainly a breach of contract to continue using the 'emPath' software by Ross and perhaps other things with the software.
They are responsible for the cover up and not returning the software to NOW Solutions within the time frame of the Asset Purchase Agreement, as written and understood by both parties with signatures.
So, if Ross was using the software, did they give it to CDC for more use and in violation of the non-compete agreement. The non-compete agreement also makes 'Mens Rea' a moot issue and not applicable in the case.
Next week is going to be the most interesting we have seen at VCSY!
RR
IMO�
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