Saturday, May 09, 2015 5:40:31 PM
Both companies have copies of the code and both claim a license. The lawsuit will determine if the defendant holds a license. TMMI's license has already been confirmed by the BK court plus a past history of producing products with the license.
If an issue is brought up, then the ORIGINAL license holder will have to make an issue. But that would most likely involve whether or not it is an EXCLUSIVE license. The original license holder has changed multiple times over the years and they no longer work on any further development of the code. The code was never completed and requires much more work. The code also did not work without the intellectual contribution of TMMI's Taylor Kramer. This is the basic reason why Iterated co-developed the code with TMMI.
The original license holder will be happy to let whatever company use it if it generates revenues and they can collect a license fee. They will make no money on it on their own as the product did not work when they last worked on it and requires someone else to put together the rest of the puzzle. Even if another companies gets access to the base code, they would have to work out a deal with TMMI to use Talyor Kramer's contribution to the code. All this is very clear.
Worst case for TMMI is that both parties to this lawsuit get a license. TMMI already has VDK 1.0-1.6. This lawsuit is all about VDK 2.0 for outdated SG computers that aren't even produced anymore. Alan Sloan who worked on the original source code at Iterated sits on the TMMI advisory board. He would know better than anyone alive about the true license situation.
Ok at that point which company is more likely to bring the product to market. This involves further codec development, lining up companies to use the technology and fitting the technology to fit in with other related technologies. Just getting the license is like 10% of the entire process to market. That's why the technology languished so long as previous management of TMMI had no capacity to take care of the 90% left before the tech could be deployed.
So who has the capacity to become successful with the base coded license?
1) A dentist, a 'Microsoft certified' nobody, and leftovers from failed companies.
2) TMMI's All-star cast.
QED.
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