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Mobilelover, I think no one is answering because only a select few here even understand exactly how YA can get away with what they do....and it's near impossible to track what exactly they own at a given time. That's one reason why Clawmann filed the derivitive suit against YA. Plus, this exact discussion usually crops alot and the same explanations are given...so, if I had to guess these people are tired of explaining how it works to us.
I personally don't understand all the little details...I just know YA sucks and what ever happens - good or bad - YA will win and we will lose.
Welcome to the Asylum.
My apologies, sort of. Mike Zima stated that at about 9:00-9:30 time frame minute mark. The lower the price the better the statements look for Neom. I'd also like to point out that Laura was sitting next to him when he stated that and she not only approved what was being said, but did not correct him. So, in essence, she she confirmed this.
99% confident the most recent conferece call, I will confirm later tonight once I am at a computer with speakers.
Looks like YA is stair stepping this back down...LM said herself that it's in the best interest of the company to have a low stock price. But doesn't fiduciary duty call for the best interest of the shareholders???? Oh wait....looky here, its her direct qoute...
"Neomedia is a public company, so I'll take on the fiduciary responsibilities that come with being a board member, from strategic oversight and guidance to holding the management team accountable to shareholders and helping to raise the value of the company as a key member of the leadership team," she said.
A fiduciary duty is an obligation to act in the best interest of another party. For instance, a corporation's board member has a fiduciary duty to the shareholders, a trustee has a fiduciary duty to the trust's beneficiaries, and an attorney has a fiduciary duty to a client.
FWIW, eBay stats about 2010 Mobile Shopping trends
http://www.ebayinc.com/news#20101229005467
From the Winter Olympics to Designer Handbags and Sports Cars, M-Commerce Leader eBay® Shares Global Mobile Shopping Moments for 2010
Clothing, shoes & accessories and cell phones & PDAs top this year’s U.S. mobile shopping trends
SAN JOSE, Calif.--(BUSINESS WIRE)--eBay, the world’s largest online marketplace and a leader in mobile commerce, today announced this year’s global mobile shopping trends based on items sold and sales. From fashionistas and sports fans to gamers and gadget hounds, millions of shoppers turned to eBay mobile applications to research and purchase goods and gifts. Through eBay’s m-commerce infographic, eBay analyzed mobile sales across its top six mobile markets to identify this year’s major mobile shopping moments.
“As mobile shopping peaked this year, eBay led the way by becoming the go-to shopping destination”
“As mobile shopping peaked this year, eBay led the way by becoming the go-to shopping destination,” said Steve Yankovich, vice president of mobile for eBay. “With more than 30 million downloads of eBay’s mobile apps worldwide, eBay is clearly a barometer for mobile shopping trends. We see people buying everything from designer apparel to cars and trucks on their phones regularly, and purchases being made through eBay mobile every second.”
In the U.S., the top five categories ranked by the number of items sold through eBay’s mobile apps for the year were: clothing shoes & accessories; cell phones & PDAs; collectibles; jewelry & watches; and toys & hobbies.
eBay’s interactive infographic application available at www.ebayinc.com/mobilecommerce visualizes eBay mobile shopping trends from Jan. 1 through Dec. 21 within the top 20 eBay product categories based on sales across eBay’s leading m-commerce markets. eBay’s infographic reveals the following trends:
Global Mobile Shopping Moments:
High-End Holiday Spending: During the holiday shopping season (Nov. 25 – Dec. 25), U.S. eBay mobile sales grew 134 percent over the same period last year, generating nearly $100 million in GMV; worldwide, mobile sales grew 166 percent generating $230 million in GMV. Designer handbags, diamond jewelry and Rolex watches topped this year’s most expensive holiday purchases.
Sports Shopping Spree: Major sporting events drove fans to shop on eBay mobile to commemorate some of the most highly coveted competitions. Based on mobile sales, the sports memorabilia category peaked in Canada, during February’s XXI Olympic Winter Games held in Vancouver, B.C. The category also peaked in Germany during the 2010 FIFA World Cup™ South Africa, where Germany placed third, in June and July, and in France during July’s Tour de France®.
Gaming Lovers: Valentine’s Day has become a boon for the video game industry as World of Warcraft® and Final Fantasy® hosted special online gaming events. Video game sales through eBay’s mobile apps spiked 68 percent week-over-week for the week ending on Feb. 14.
Must-have Gadgets: In the U.S., tech lovers flocked to eBay as the iPad made its debut on April 4, driving the consumer electronics category to its annual peak the day after Apple’s tablet device first arrived in retail stores. On June 24, the day the iPhone® 4 launched in the U.S., the cell phones & accessories category hit its annual peak as a flurry of new and pre-owned iPhones were listed on eBay.
Fashion Fanatics: As eBay released its Fashion app for iPhone this summer, clothing & accessories was a consistently popular category on mobile. In Canada and France, clothing & accessories was a top category overall based on mobile sales; it was a top three category in Australia, Germany, the U.K. and the U.S. During the busy shopping period between Black Friday (Nov. 29) and Mobile Sunday (Dec. 12), the category ranked number one in the U.S., in both GMV and sold items.
What’s Hot and Where in the U.S. and Abroad:
Demonstrating the breadth of merchandise people are purchasing on their mobile phones, eBay’s m-commerce infographic shows the categories representing the largest amount of U.S. mobile-generated sales overall for 2010:
1. Cars & trucks
2. Clothing & accessories
3. Auto parts
4. Sporting goods
5. Cell phones & accessories
Cars & trucks ranked in the top five categories in every state except Hawaii, and auto parts was a top five category in all 50 states. Other categories that were shopped through eBay mobile in nearly every state were clothing & accessories (49 states) and sporting goods (47 states).
The top three categories by sales for the year in each of eBay’s top six mobile commerce markets are:
Canada: clothing & accessories, jewelry and cars & trucks
France: clothing & accessories, jewelry and computers
Germany: auto parts, cars & trucks and clothing & accessories
Australia: cars & trucks, home improvement and clothing & accessories
United Kingdom: cars & trucks, clothing & accessories and auto parts
United States: cars & trucks, clothing & accessories and auto parts
About eBay Inc. Mobile
eBay (Nasdaq:EBAY) launched its first application for the iPhone in July 2008 and has since become a leader in mobile commerce. Its core iPhone application, which is available free via iTunes® in eight languages and 190 countries, has been downloaded more than 14 million times and allows users to fully browse and buy without leaving the application. The eBay app for the iPad™ debuted in the top ten most downloaded free iPad apps in the iTunes Store and delivers a dramatically different, visually compelling shopping experience to browse and purchase the vast selection of products available on eBay. eBay’s suite of mobile apps, including Selling, Classifieds, StubHub and Deals, make selling and buying possible virtually anywhere, anytime. For more information on eBay mobile, visit www.ebay.com/mobile.
All designated trademarks and brands are the property of their respective owners.
Mobile Next Big Thing blog: Q&A with Bluefly
Audio Clip Interview
http://mobilenextbigthing.biz/2010/12/28/qa-with-blue-fly/
I stand corrected. I can only hope that someone is doing something somewhere to get something accomplished.
Must have just gotten assigned. Can't find it on the Trademark website.
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4006:tofj27.1.1
Has anyone pieced together the recent chain of events? I have not pieced it all together and was hoping to get insight. I'm most intrigued by the change in the bylaws....thoughts???
12/15
Neomedia outright owns the Rothschild Patents
http://biz.yahoo.com/e/101215/neom.ob8-k.html
12/16
Neomedia gets YA money, changes its Bylaws
http://biz.yahoo.com/e/101221/neom.ob8-k.html
Amendment to the Bylaws of the Company
On December 16, 2010, the Board of Directors (the "Board") of the Company amended the Company's Bylaws to provide for: a change in the procedure to call for a special meeting of the Board by any member of the Board, and the rules for notice of meetings; a separation in the position of Chairperson of the Board from that of the Company's Chief Executive Officer; revisions to the duties and responsibilities of the officers of the Company; changes to the roles of committees of the Board and a requirement for the Board to approve committee recommendations to the Board; and the creation of, and the definition of the role of, an "Executive Committee" of the Board.
Perhaps something enabled by Neomedia's IP can give them a leg up in the online retail market and they'd prefer to gain as much of an advantage as possible.
Merry Christmas to all, and to all a good night...
...except for you YA GLOBAL, you can go FU&@ yourself.
Seriously though, I'm out of here for the weekend, be back Monday. Anyone that is traveling be careful and enjoy this time with family. Maybe Neom will give us more presents in the coming weeks :)
Skimmed right over that, thanks for pointing it out Pop.
Also, looks like Neom did some DD and made the claim it required to at least report an 8k. Definetly will not see a PR about this...eBay seems to have full control of what's released. Guess that's how you become a Fortune 500. So that begs the question of why the secrecy from eBay?
45. As an exception to Paragraph 44 of this Agreement, a PARTY may disclose Confidential Information to (a) Y.A. Global and (b) as required by law, valid subpoena, or court order (including applicable securities laws and regulations). If any PARTY is ordered or required to produce any Confidential Information by subpoena or other judicial or governmental order, law or regulation, that PARTY shall immediately notify the other PARTY in writing and provide the other PARTY a copy of the subpoena or order, and shall provide no less than ten (10) business days’ notice of the proposed release of such information unless such judicial or governmental order requires a shorter period for compliance, in which case that PARTY must provide notice as soon as reasonably possible. The disclosing PARTY shall take appropriate measures to avoid or minimize the release of such information in connection with the proceedings for which the Confidential Information is sought, including, where possible, making any such disclosure required by such subpoena, court order, law or regulation on an “Outside Attorneys’ Eyes Only” basis and pursuant to either a protective order in such litigation or Local Rules of similar effect. NEOMEDIA has informed EBAY that NEOMEDIA reasonably believes that NEOMEDIA will be required to make an SEC Form 8-K filing disclosing the existence of this Agreement and providing its terms in redacted form. In connection with that disclosure and any other proposed governmental disclosure (including any public company disclosure requirement), NEOMEDIA will: (i) provide to EBAY its proposed disclosure as soon as possible (but at least three (3) days) prior to the date NEOMEDIA proposes to make such disclosure, and (ii) reasonably consider any and all suggested changes EBAY proposes to such disclosure.
Top, you should have seriously looked at the past 2 year history of how Neom is outright run by YA. Even the last year alone would have given enough insight. YA gives no concern about what it could make if it held an extra few months, or even 1 extra week when good news comes out. They need immediate gratification and are very reckless with how they destroy share value, and they move quickly to do so for their own gain. Hence why our fellow Clawmann (William Klawonn) has inititated a derivitive suit against YA on behalf of Neom.
Sorry to say, but looks like you just joined the boat that is having a very difficult time finding the dock where riches await. Welcome aboard!
How so? What contract are you looking at?
Why is eBay not showing an 8k release on EDGAR?
http://yahoo.brand.edgar-online.com/default.aspx?companyid=7098
http://www.isthemarketopen.com/
Open till 4 today, closed all day tomorrow
I wonder if YA and Neustar wanted this deal to occur? Thoughts as to why this is in the 8k?
NEOMEDIA hereby covenants that it will fully defend and indemnify EBAY and EBAY THIRD PARTIES against any third party (including NeuStar and Y.A. Global) claims, proceedings or lawsuits relating to or arising from the PATENT RIGHTS.
I think this is all we get. Makes sense b/c Neom wants to keep the price down. This deal is likely a small blip on eBay's radar...is it really in their best interest to PR a deal with a company that can't even operate by itself withou the help of toxic financing?
Plus, it's really sticking it to the daytraders who thought a PR would boost this baby :)
Poptech: What's your thoughts on this other patent that was mentioned.
Just follow this chain. TIA.
...and don't forget they'll kick us as we fall too, just for safe measures.
Can you really surprise them...they need immediate satisfaction, it's been a while since they've had an opportunity like this.
Real World Examples: 2D Barcode Holiday Campaigns
Mobile's Next Big Thing Blog
http://mobilenextbigthing.biz/2010/12/22/real-world-examples-2d-barcode-holiday-campaigns/
1pm and still no PR's...makes one wonder
http://www.ebayinc.com/news
http://neom.com/press/press_releases
If you mean the 8k settlement 12/15/10, then no.
12/15 settlement - 8k
to acquire certain rights (“the Loyaltypoint Rights ”) pertaining to its United States Patents 6,430,554; 6,651,053; 6,675,165 and 6,766,363 (the “ Loyaltypoint Patents ”)
If NEOMEDIA acquires ownership or exclusive rights to U.S. Patent No. 6,101,534 and any related patents or applications, then such rights shall automatically and immediately vest with EBAY and EBAY THIRD PARTIES on a non-exclusive and non-sublicenseable license basis consistent with the license, release and covenant not to sue rights set forth herein for the SEARCH TECHNOLOGY portfolio. NEOMEDIA has no obligation to make any attempt to acquire any such patents or applications.
So, i guess we're pursuing this patent as well? Why else would this be in here?
http://yahoo.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7620746-7249-43062&type=sect&dcn=0001144204-10-067691
Patent 6,101,534
http://www.patentstorm.us/patents/6101534/fulltext.html
Should probably see more activity when an official PR hits.
I think this will be the last for 2010...good way to end the year. I really don't think we'd see anything else until they can repor on Neustar pilot.
Oh I agree they gave us 2 weeks worth of chances...but, I'm still in recover mode....I think I'll upgrade myself to recover 30% of investment now.
I am really glad my sell block never went off though sub .10 over the past few weeks. I guess I have an angel looking out for me.
I just got kicked out of Scottrade...I guess there was a script error. Back to normal now.
Am I seriously seeing .05/.20 ???
I think this time around most of us are a bit more cautious to either sell or buy
You can only get raped and pilaged so many times before you wise up.
YA has been waiting for this for a while...it's been way too long since shareholders have gotten this excited. They will be shooting fish in a barrel for a few days.
YA funded about 3 months worth of financiing in a lump sum at the end of May. And since it's been month to month. Maybe that's why we lasted 6 weeks instead of 4 weeks this last time for YA money...perhaps they were hoping to close it earlier.
Interesting no PR yet...is Neom perhaps giving us a chance to recoop some money? If only I had some to buy more...oh well, since I assumed I'd never see my investment again any gains will just seem like I made money :)
Very well could be, now let's hope we aren't giving these away at little costs. That seemed to be the norm for Ian.
Holy Crap....WOW is all I have to say. Laura, I think you may actually make my Christmas somewhat enjoyable this year (unlike Iain era)
Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
Amendment to the Bylaws of the Company
http://yahoo.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7619846-13023-46847&type=sect&dcn=0001144204-10-067631
On December 16, 2010, the Board of Directors (the " Board ") of the Company amended the Company's Bylaws to provide for: a change in the procedure to call for a special meeting of the Board by any member of the Board, and the rules for notice of meetings; a separation in the position of Chairperson of the Board from that of the Company’s Chief Executive Officer; revisions to the duties and responsibilities of the officers of the Company; changes to the roles of committees of the Board and a requirement for the Board to approve committee recommendations to the Board; and the creation of, and the definition of the role of, an “ Executive Committee ” of the Board.
A complete copy of the Bylaws, as amended, is included as Exhibit 3.2 to this Current Report on Form 8-K and is incorporated herein by reference.
Entry into a Material Definitive Agreement, Amendments to Articles of I
http://yahoo.brand.edgar-online.com/DisplayFiling.aspx?dcn=0001144204-10-067631
Item 1.01. Entry Into a Material Definitive Agreement
Agreement and Debenture Closing, December, 2010
On December 15, 2010, NeoMedia Technologies, Inc., a Delaware corporation (the "Company"), entered into an Agreement (the "Agreement"), a copy of which is attached hereto as Exhibit 10.1 and incorporated by reference herein, to issue and sell a secured convertible debenture to YA Global Investments, L.P. (the "Buyer") in the principal amount of $450,000 (the "Debenture"), a copy of which is attached hereto as Exhibit 10.2 and incorporated by reference herein. The closing of the transaction was held on December 15, 2010. In addition to the Debenture, the Company also issued a warrant to the Buyer to purchase 1,250,000 shares of the Company's common stock, par value $0.001 per share (the "Common Stock"), for an exercise price of $0.10 per share (the "Warrant"), a copy of which is incorporated by reference herein and attached hereto as Exhibit 10.3.
The Debenture shall mature on July 29, 2012 (the "Maturity Date") and shall accrue interest at a rate equal to fourteen percent (14%) per annum and such interest shall be paid on the Maturity Date (or sooner as provided in the Debenture) in cash or, provided that certain Equity Conditions are satisfied (as such term is defined in the Debenture), in shares of Common Stock at the applicable Conversion Price (as defined in the Debenture). At any time, the Buyer shall be entitled to convert any portion of the outstanding and unpaid principal and accrued interest thereon into fully paid and non-assessable shares of Common Stock at a price equal to the lesser of $0.10 and ninety-five percent (95%) of the lowest volume weighted average price of the Common Stock during the sixty (60) trading days immediately preceding each conversion date.
The Debenture is secured by certain pledges made with respect to the assets of the Company and its subsidiaries as set forth in the Fifth Ratification Agreement dated December 15, 2010 (the "Fifth Ratification Agreement"), and that certain Security Agreement (the "Security Agreement") and Patent Security Agreement (the "Patent Security Agreement") both dated July 29, 2008, by and among the Company, each of the Company's subsidiaries made a party thereto, and the Buyer. Copies of the Security Agreement and the Patent Security Agreement are incorporated by reference herein and attached by reference hereto as Exhibits 10.4 and 10.5, respectively. The Fifth Ratification Agreement is incorporated by reference herein and attached as Exhibit 10.6 hereto.
In connection with the Agreement, the Company also entered into those certain Irrevocable Transfer Agent Instructions with the Buyer dated December 15, 2010 (the "ITAI"), an escrow agent and WorldWide Stock Transfer, LLC, the Company's transfer agent, a copy of which is incorporated herein by reference and attached hereto as Exhibit 10.7 hereto.
The Company shall not affect any conversion, and the Buyer shall not have the right to convert any portion of the Debenture to the extent that after giving effect to such conversion, the Buyer (together with the Buyer's affiliates) would beneficially own in excess of 9.99% of the number of shares of Common Stock outstanding immediately after giving effect to such conversion, except for not less than sixty-five (65) days prior written notice from the Buyer.
The Company shall have the right to redeem a portion or all amounts outstanding (subject to certain conditions) in the Debenture via Optional Redemption (as defined in the Debenture) by paying the amount equal to the principal amount being redeemed plus a redemption premium equal to ten percent (10%) of the principal amount being redeemed, and accrued interest.
The foregoing descriptions of the Agreement, Debenture, Warrant, Security Agreement, Patent Security Agreement, Fifth Ratification Agreement and ITAI do not purport to be complete and are qualified in their entirety by reference to such documents, which are attached as Exhibits 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, and 10.7, respectively, to this Current Report on Form 8-K and incorporated herein by reference.
Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
Amendment to the Bylaws of the Company
On December 16, 2010, the Board of Directors (the "Board") of the Company amended the Company's Bylaws to provide for: a change in the procedure to call for a special meeting of the Board by any member of the Board, and the rules for notice of meetings; a separation in the position of Chairperson of the Board from that of the Company's Chief Executive Officer; revisions to the duties and responsibilities of the officers of the Company; changes to the roles of committees of the Board and a requirement for the Board to approve committee recommendations to the Board; and the creation of, and the definition of the role of, an "Executive Committee" of the Board.
A complete copy of the Bylaws, as amended, is included as Exhibit 3.2 to this Current Report on Form 8-K and is incorporated herein by reference.
Qoute of the day!
Man, if Neom hadn't lost all my money I would have put more money into Neom two weeks ago......DARN THE IRONY!!!!!
Anyone else just get this email from Neomedia? First time I've ever gotten one.
---------------------------
NEOMEDIA NEWS FOR 21 DECEMBER, 2010
2011 Predictions
NeoMedia today outlined its predictions for mobile barcodes over the next twelve months, anticipating a defining year for the industry and one of unprecendented success the company. Read the full story HERE.
Q4 Shareholders Call Recording
A recording of our Q4-2010 Shareholder Conference Call on 16 December is now available for download and playback HERE. Items discussed during the teleconference include:
• Recent News: Mobile Search Patents and Litigation Settlement
• Business Update: Industry Trends and Predictions, Strategic Focus, Financial Review
• Q&A
Please contact ir@neom.com with any questions.
Happy Holidays from NeoMedia
We wish you a very happy holiday season and much success throughout the upcoming year. We look forward to a prosperous 2011 as NeoMedia and the rest of the mobile barcode industry continues its phenomenal growth.
Best,
NeoMedia Technologies
www.neom.com
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