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what are you talking about, interview 1000 jurors if need be. You have a pool brought in by the court of around 100 jurors, and of those 100 an initial number are drawn for the case on the docket. Then during the jury selection process I think each side gets to dismiss up to 3 of those that were selected, and when you have used your 3 you are stuck with the jury that is left. And they arent asked before hand if they understand IP or not. Same with DNA, most jurors didnt have a clue what its about, and thats why there are expert witness' to explain it to them.
The legal team dont have the opprotunity to remove someone that has determined guilt or innocence once the jury is set, so your arguement there dont hold water either.
By the way have you ever served jury duty? You arent ruled out because you were involved in a similiar situation yourself. If one of the attorneys wants you off the jury because of that reason he has to use one of his 3 deletions, to accomplish that.
Yes in some budoir processes they might get into some details as to the extent of your knowledge pertaining to the case, but lack of technical knowledge does not exclude you from the pool automatically.
Craft...there is a big difference between making a mistake about when I bought a personal computer, which has no impact on anyone but myself, and others stating things here as fact that are used to lure in unsuspecting new investors and cost them their savings.
I see mistakes made here daily by many, and dont point them out. I do point out the different interpretations of whats being presented here however, as should be done. For every positive spin on something there is an equally persuasive negative spin. And when peoples money is at stake both spins need to be presented in a forum like this.
Speaking of mistakes, have you checked how many names here claimed when the 800 pound gorilla came on board the stock would sky rocket? Well the big gorilla came on board and where is the pps? Was it a mistake? Or a misunderstanding of how things work in the stock markets? Or was it just high hopes being presented as a fact of what was to come? Now we know the real truth dont we, and it comes down to what I said almost a year ago? The financials and performance matter most of all, even in a speculative penny stock. You cant fool the little guys all the time, sooner or later they are gonna wake up and say, show me results.
Jurors are instructed to use their common judgemment and give wait to the evidence they see fit. In other words if they dont believe one witness is truthful they can disregard all of that witness testimony. If there are 2 expert witness' with opposing views, they decide which one to give the most weight too. etc., etc. yes there are some basic instructions about only basing their opinion on what is heard in the courtroom etc, but it still comes down to what they believe or dont believe.
I never said the juror goes in with a pre determined verdict in their mind, and yes that could cause a mistrial, but they develope their opinion on a daily basis as they listen to the examination and cross of each witness presented. And some do go home and listen to the news or talk shows about the case, contrary to somes beliefs. They are human beings and when human beings are involved in anything, there will be 12 different views among 12 different people. Thats why they then go to the jury room after the case is over, to go over those different views and try to form a consensus.
You cant compel a jury to reach any verdict, and if they strongly believe in their view, the best result you will get is a hung jury, because of the one hold out, and there is nothing that can be done to that one juror legally if they voted their conscience.
And everyone posting here can site at least one case involving a jury, where the evidence pointed to one thing but the jury ruled another way. I personally can think of several.
So NEOM still has to convince that jury thorugh their attorneys, unless its a Judge trial and then they have to convince the judge, which is easier to do then a jury.
Big deal the lawyer files the case. And no the lawyer dont decide what is worthy of the Jury hearing, a judge decides that technically. The judge can stop any evidence he thinks dont belong in the case.
But the most important fact of all is who decides the case, and that is the common every day people sitting on the jury with no legal back grounds in most cases. They hear both lawyers argue their case, and present what they believe to be the evidence to support their case, but the final decision comes down to who that non legally educated jury decided they want to believe.
So technically speaking the non lawyer juries are the ones that set law precedent, in their decisions. Not the highly educated lawyers. All they can do is argue the existing precedent that juries across the country created by their verdicts.
Craft..you seem to think you are on to something with the Commodore crap you ghave brought up her bout 10 times now. Do you remember everything you bought 25 years ago and what dates you bought it on. I based my 26 year comment on the 7 years I was in the military, and the first 3 years were 1977 to 1980. The seconf term was 1980 to 1984 and I thought I bought the computer just after going back over to Germany. Which I did in fact, but forgot I spent a year in Georgia and left for Germany in late 1981, so its 24 years not 26, big freakin deal, the fact is I bought one just after they came out and was programming it within months.
As for Kokos remarks about me not being a laywer, big deal. As my post stated lawyers dont decide these cases, and this morning as we sit here typing, every county in the country, has a court room of non lawyers getting ready to assume jury duty on cases like this. And thats just the county courtrooms, then there are the state and federal courtrooms, so how many thousands of non lawyers do you think today are sitting there hearing cases, that they and not the lawyers will be deciding when the arguements are completed?
Here we go again with the real lawyer garbage. Is Claw a judge and jury too, because they are the ones usually decide these types of cases, not the lawyers. And how many jury members are required to have a law degree to settle a case in civil court? None that I know of, I think they are regular people off the street and make their decision after listening to TWO OPPOSING LAWYERS VIEWS. When the law is open to interpretation as this one is its not the lawyers that settle the dispute, its the court after listening to those lawyers. Oh and is Claw now a trademark lawyer too?
Just remember there are always too arguements to any case like this, so obviously there are two lawyers with completely different views.
Lets not forget the bigotry as well. It wasnt too long ago there was a discussion here about a certain female doing web design service for NEOMs Qode and how unprofessional it was to include her business and personal life on the same web site. Then a poster here does the same thing and I think daily theres at least one ataboy post for a job well done.
As I said in a previous post, when I go to that site, and look at the friends etc, makes me think Qode is a real person.
it wont cause him problems if he dont try to profit off it. No more problems then the poster here that registered a myspace website under the name QODE and then it says QODE is a 22 year old male, lives in Fort Meyers FLa. I think it said 22 but dont quote me on that. So anyone going to that site thinks Qode is a real person based on the profile, talk about confusing.
By the way its also interesting this individual lives in Fort Meyers huh? Since we like to throw around thoeries and suspicions here.
Dodging you? Your post dont deserve an answer since apparently it was posted with an agenda. The answers to every one of your questions have been discussed in detail by me for the past year, and you have been here and part of those discussions? So your point in asking the questions I have already answered repeatedly is? Since you already know the answers.
your post speaks so matter of factly, that the buyer knew what he was getting. Are you serious? Do you really think a vender in Mexico knew the inner workings and finances of the paint business? Of course he didnt and thats why there is a time period for DD to go over the company records. Any one knows that even an investor.
My reason for it not going through is as good as any I have heard on this board to date, and since you want it straight up, why dont you do the same, and since you know the facts, tell us why the deal didnt close on time and theres been no word about it since? Why was there never a definitive contract announced as promised as well? And why is NEOM quiet on the matter?
Come on lets have it straight up. I didnt omit information, everyone knows who the buyer was supposed to be its in the pr. That piece of information isnt pertinent to the issue. If that buyer knew what he was getting as you claim the deal would have closed already.
there are two points of interest in your reference. One is confusinly similiar, and I dont think myqode can be cunfused with qode, and the second is with the intent to profit off it? Doyou know whether the website intends to profit off it. Does he profit off his pondering primate site? I dont see anything on that site that he is selling.
Did you look at all the examples in your source? Seems most tried to mislead others to thinking that was the official site, or used the same spelled name, or tried to profit by selling the name to the original clubs.
is myqode trademarked by NEOM? I know qode is but I dont believe myqode is, so a web address using myqode I dont think is cybersquatting as has been mentioned here. Of course thats just my opinion, but I have seen similiar situations in the past, but never checked to see if there were any trademark suits that followed.
Maybe the sale of paint is taking longer because the original buyer backed down once he was able to do his DD and see all the company records, and especially after seeing the 3rd quarter numbers which he saw at least a month before we did. Maybe there isnt a buyer in place and thats why the deadline with this buyer has come and gone. Didnt you say your source said there was no paint deal yet?
As for Cornell and whats been written off each quarter, yes there is interest on the preferred series of stock they bought, but NEOM has the right to force conversion if certain share prices are met or something to that effect at the time the preferred is required to be converted by. I dont remember all the details right now, but if you check the filing, and believe neoms pps is going to go up in the next two years, the conversion of the preferred is not an issue, and therefore the money used to buy them is not an issue, unless you believe the pps is gonna stay right here.
They dont have 27 million owed to them, they own capital stock for 20 million of that, it just so happens that capital stock acrues interest until its converted to common shares.
And yes some things management has to run by them especially if it involves more dilution, or selling any assets they hold as collateral. But they arent the one decides whether the subs are put yup for sale, they can just vote yes or no on the issue. Management is required by law to make the decisions, and in doing so has to consider their opinion on anything that effects their collateral. The corporate laws are quite clear on that. If you saw other firms with venture capitalists calling the shots its because the management and board allowed them to, and they shouldnt have. The board has a fudiciary duty to all its share holders, not just the capitalists.
How about if there is no SEC filing I dont need to check with management, and to the best of my knowledge there was no filing. You know like the one the other day that NEOM has to file when the board members change and the key officers in the company change.
Why dont you check with management and let us know what you find out, because I quit checking with them over a year ago, when I realized that I couldnt depend on a lot of what I was being told.
As to Cornell, having influence, and firing or forcing the CEO to resign are two different things. Maybe you need to slow down reading my posts so you dont get so confused. I didnt say they dont have any influence, of course they do since they hold all the property collateral. That dont mean they control the board, just means the BOARD will listen to their concerns. They are in zero position to force the CEO out, if the BOARD said no. So ultimately the board ousted Jensen if he was forced to resign.
And by the way I dont even believe that to be the case. You want to know why? Because a friend of a friend who was recently let go, would not have a clue what the board has been discussing with the CEO, or with Cornell. The board dont talk to the lower level employees or even Senior management about what they are planning when it comes to removing a key person. So I believe more then anything else that rumor is merely heresay, because unless this friend was in the room when the board was having these discussions then they dont know what was said.
You have never posted what NEOMS business model is on this site, and what their different revenue streams are accdording to that model. Matter of fact I think I have only seen it posted here on 2 occassions around the time of the shareholder meeting. I didnt ask you what are the possible revenue streams, I asked you what their business model is, and theres a difference between those two issues. If you go to their website I think it lists the methods they intend to use in their model, and those listed there are the same exact ones that were told to me by Chuck Jensen about 2 years ago in a phone conversation.
Willbill, thanks for that input but I have to disagree with something your friend of a friend stated. Cornell does not have any control over management, they merely hold the assets of NEOM as collateral. Only the BOARD OF DIRECTORS can force the CEO out by forcing him to resign or get fired, and last I checked Cornell does not control the board. I think, but may be wrong, they dont even have a seat on the board as some large investors require before they invest. I dont recall seeing any filing indicating Cornell was given a board seat.
I dont think they made a 30 million loan either. They bought preferred stock for most of that, and the loan was only 5 million I believe. At least thats the amount on the promissory note. So owning stock whether its preferred or common does not give them the ability to controlmanagement, just as we shareholders have no control over management, other then to vote on the issues presented at the annual meeting.
Cornell has been making millions off this company for years now, so their risk is no where near 30 million, just last year they made a few million in options they exercised and dumped on the market in late 2005 and early 2006. And it wont be up to Cornell whether this company succeeds or doesnt. According to the company they are already cut off from the Cornell financing deal that we paid over a million dollars for in early 2006. So technically Cornell could step up and offer 20 million to settle with the subs, but I doubt that will happen. NEOM is going to have to find a new source of investment capital in my opinion, in the next 2 months the latest. I surely dont see the pps raising to the level it needs to to eliminate the 20 million owed the subs, so something has to occur, and Cornell probably wont be a part of whatever that something happens to turn out to be.
"""""ooops, I see your post was deleted. DOH!
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yeah I see 4 out of 7 have been deleted, all on topic and responding to the attacks here. That doesnt suprise me one bit. The truth hurts sometimes so its easier to remove it.LOL
BTW I included your phrase about my post being deleted so if they decide to delete this one they better go back and delete yours as well. I will be watching and copied both posts to send to MATT>
you are 100 percent right and they are right here on this message board. And the issues know who/what they are.
By the way do you have any 2007 predictions for NEOM or should we just adjust the date on the 2006 ones for now?
exactly...its based on a membership unlike someone reading a newspaper and clicking a code in the newspaper.
NEOM spelled out quite clearly how they intend to generate revenue in their business model and its on their website, so its not hard to figure out. Yes there might be some special situations like the China deal, thats not what I was asking, and I wasnt asking everyone, I was asking the poster who made the claims to explain his interpretation of their business model. And as with every business model there are exceptions to the rule, but the bulk of the revenue will be generated based on their model, and thats what I am asking him to explain.
And I will explain my understanding of their business model after I see UFOs response to my question, since he made allegations he cant substantiate regarding my knowledge of the subject matter.
Yeah it is funny isnt it? Apparently you didnt understand that arguement did you? That was China and a TV show that voters call in their votes on. And I was as much suprised as anyone to even hear them suggest they would charge the consumer, but I guess in China its a different situation.
Its also funny how you and others argued they arent going to charge the consumers? So why dont you tell us where their revenue will come from with this NEWSPAPER deal? Based on your arguement there will be none when the consumer clicks the code right?
Thats why I stated in that post no one knows what their business model is, since they do one thing and announce another, do you remember that quote by me? And this PR dids not spell out as did the China one that the consumer will be charged a fee, and its a different type of campaign. The cell phone companies charge a fee to call in and vote, newspapers dont charge the consumer a fee to click on an ad in the paper, two very different types of campaigns, one produces revenue and the other doesnt.
delivering the news or streamers to your cell phone has nothing to do with NEOM or its patents and several papers are looking at doing that. Same thing with getting stock quotes on your cell phone etc, thats all coming mainstream and doesnt involve NEOM.
Thats the problem I have with the posts here. One little campaign and you all try to represent it as involving everything that company does. Yes NEWS CORP is big, and for all we know they might just stick to the one newspaper for QODE. Especially since we dont even know if they are satisfied with the trials yet or not, or they wouldnt keep mentioning they are doing the trials at this time.
No again you are wrong. Both about my vision and my beliefs. Yes I know that mobile marketing will be huge in the future, and I never said it wouldnt. But unlike most of you here I am smart enough to know it wasnt gonna happen in 2006 as some claimed, and its not gonna happen in 2007 as many are now claiming since their 2006 predictions failed. Go back and read my posts. I think I said about 6 months ago its not going to become mainstream here in the US for about 18 months or longer, which puts us in the late 2007 early 2008 range before its really mainstream. Yes there will be a campaign here and a campaign there, but those campaigns usually cost money when they are small one time deals. They are mainly to get the word out and not revenue producers of any magnatude. There wont be any real revenue until the technology becomes mainstream, and a newspaper campaign in the UK for football is a very long way from mainstream.
By the way will exposure keep NEOMs doors open when they are broke as of the end of this month based on their own filings with the SEC and still need 20 million to settle the other 2 acquisitions if not now, by February the latest? And keep in mind this campaign isnt going to start until sometime in 2007 after the trials are done by this company.
Its those of you that dont realize the dire straits NEOM is in RIGHT NOW that are near sighted.
Yeah and all they need to do is go back and read some of the posters heres predictions to find out just which ones are full of .......
speaking of predictions didnt I read one of yours in late 2005 calling for 1.00 a share before the end of 2006? I know I did, want me go find it?
Thats right...a deal signed here and a deal signed there isnt going to propel this stock. Its show me the money time, and these deals arent going to do that this early in the stage of the mobile marketing game in my opinion.
And as you suggest, without another TS or someone with as large a follower base, this stock isnt gonna be skyrocketing as so many here claim should happen on every piece of news released.
I am still waiting for that dollar a share that a few here predicted would happen by the end of this year, after the news of the acquisitions was out.
But it amazes me how so many here dont have a problem with those puff and fluff posts, but when someone debates the issues with them the whole board comes out in force....LOL
No yours is a bit tiny, is QODE being installed on their phones as a part of this launch? I didnt think so. The code will be in the newspaper that 8 million people read, not on their cell phone where they can click it and watch the replay. To get the code to their phone they have to run and buy a newspaper right? Or does the code magically appear out of no where.
I didnt say more popular, I said qode would have more exposure with them, then they have with this newspaper, theres a difference between the two, and you write books so you should understand that. You yourself said big brother had as many viewers as this newspaper has subscribers so you made my point for me.
Drmyke i am arguong this point because many on this board stated this would be the launch that put NEOM in the green, over and over again, so its an arguement worth persueing. They were wrong and thats the point I am making about how big this is etc. Did you forget all the posts about how 4th quarter 2006 and first quarter 2007 were going to be huge revenue quarters when the UK launch occurs. And did you forget all the posts that claimed that would end NEOMs financial woes? The truth is this launch is minor league and wont help NEOM a whole lot in the next 4 months in my opinion, but as I said lets wait and see the numbers.
the product isnt being launched world wide to all those billion viewers, its in a paper with a subscriber base of 8 million. Thats the reality at this time.
Joe obviously those 16 million dont buy the paper Qode will be displayed in do they? We already know only 8 million buy that paper. And whoop ti do 16 million watched the game. Thats 16 million that wont see QODE because its not gonna be on TV where it should be. If Qode was going to be launched on the TV where fans can click a qode symbol to watch a replay or something then I might agree with you. I think its you that dont get it. They could have 60 million fans but if only 100 buy the paper that qode will be in then the 60 million fans dont mean nothing does it.
The problem is you are trying to match the fans to the exposure, and you cant do that when the exposure is a newspaper all the fans dont read.
The audience that reads that paper is the same size as those that watched big brother as you put it around 8 million. And those reading the paper probably range in age from around 20 to 80, and I bet you the 80 years olds wont be using qode to look at replay clips. the day after when the paper is out.
Let me see if you understand. He said could be used as you so accurately stated. Which means its not in the current plans. And NEOM needs something now, not something that could be months from now. They need revenue and they need it quickly. Imagine as I just posted a reality show over there, where the viewers are charged to call in and vote, and NEOM gets a percent of the call in charges. In the newspaper viewing old clips of football, I dont believe NEOM gets any revenue, other then the deal with the press.
As for advertisers making their ads mobile interactive, maybe you need to do some DD on how long its taking companies to advertise on the web. About 10 years longer then most expected to be realistic, and even now many are still reluctant. So mobile advertising when it pertains to NEOMs technology and real revenues is a long ways off. Granted not ten years but it will be at least a year away in my estimation. NEOM dont have a year to wait, so what is it about your limited focus that you dont get that point.
Joe I read your posts yesterday as well as the one from Success where she claimed there is no bigger audience then the one targeted.
Maybe she doesnt realize that most of the reality shows we watch here in the US originated in the UK. Maybe that audience is a little bit bigger then the football audience reading the newspaper, and if it was tied to voting like the shows here are, maybe more would actually be using it as well, instead of searching the sports section to download clips of previous games.
Again I say they could of done a lot better and got it on the national TV where the audience is much larger, and more pro active when it comes to voting as opposed to viewing old clips of a football game.
Let me see if I have this correct. England has an estimated population of 60 million. The paper is read by 8.2 million. The campaign is in the sports or football section, which perhaps not all 8.2 million readers pay attention to. And this is not a limited campaign?
Yeah go ahead and bash me. Like I said we will see in about 4 months when earnings come out how big this campaign really is revenue wise.
Yes Boknows, you are correct. But as I stated in my opinion I dont see that happening for a minimum of 6 months down the road, so IN MY OPINION its not the big deal thats been being posted about on here for at least a couple months now. As I said in my first post I believe, when they start using it for marketing and advertising then it will become something valuable in my opinion, and I dont think that will happen until the latter half of 2007.
you are wrong success.......I stated that was my PREDICTION, which is a whole lot different then what many here have been claiming to be fact. And since you bring up yahoo, why dont you go check my predictions from over there. DLE can give you a list and every one except one has risen over 200 percent in the past 2 years, and yes even NEOM went from .06 to around .75, so even at 1.00 I wasnt too far off, although I never claimed in that forum it would go to 1.00. I stated that here because I WAS ASKED if it would ever see 1.00, so thats not a number I came up with. And I also said it WONT happen in the next 12-18 months in that post, although someone here wanted to argue what that meant as well.
There is quite a difference between someones pprediction which is speculation just by the meaning of the word prediction, and someone claiming a big deal in the works that will have us out of our financial woes by the 1st quarter 2007, as many here claimed. Oh wait, we were supposed to see these great results by 3rd quarter 2006 originally, excuse me for forgetting that.
He might be big and Successful, but that dont mean everything he gets involved with turns out to be a winner over night.
So on that note its worth pointing out in this forum that at rthis stage in time this is not such a big deal. Especially since its this forum that imbraced all the posts about how great things would be financially in the 1st quarter 2007 after this UK launch occurs. Lets watch and see how much this piece of news adds to the 1st quarter numbers. And in the meantime I will go search for all the posts claiming this launch would be the ticket to NEOMs financial woes.
Its funny how when someone points out the facts about things that were said here in the past, the sarcasm skyrockets. But we will see in about another 4 months or so just who is right when the numbers come out.
your sarcasm in the last two posts is appropriate I guess. What did my post have to do with whether the deal shhould be nixed or not. A few posters here claimed football was the biggest thing going in the UK and I proved they were wrong about that perception. I dont think that says anything about whether the deal should be nixed or not. The deal is a step in the right direction, but a lot smaller step that many here were proclaiming it would be for a couple months now. And my post refuting the claims of just how big football is in the UK is just as appropriate as those claiming the opposite. At least I provided an outside source to verify my claim, and I stand by my earlier phrase that this is a targeted and limited audience, based on that post you just replied sarcastically too. If those numbers are corect during the WORLD CUP only 1 million viewers to the web site in a WEEK, then the print isnt gonna see a whole lot more in my opinion.
Its so popular that during the CUP series their most popular website had 1.3 million viewers in a weeks time during the CUP SERIES. And a lot of that had to do with one player getting injured and many going to see what the injury was about. If thats the best their top sports website could garner, how many do you think will be reading the paper during regular season? During the CUP yes the viewer ship goes up. But do you think a country with a population of around 70 million and only 1 million visit the top web site, that the entire population is engrossed in football?
http://news.bbc.co.uk/1/hi/technology/5075222.stm
Did I say there was nothing positive? I think I said it was both positive and negative on both news articles this morning, or did you read all my posts?
I am just pointing out this isnt the big revenue producer NEOM needs now, and that many here claimed it would be. If this is the big launch everyone here was waiting on you wont see any real revenue from it for 6 months or so is my point, and the benefiters will be the carriers that charge a download fee to access the clips, not NEWS GROUP or NEOM.
How is he wrong by about 30 minutes. Doesnt the articl state in THE NEW YEAR they will pioneer these new initiatives, and that they are trialing QODE now? I think he said it wont launch this year, and based on that article he is right.
GEESH.it wasnt me claiming the big launch would come in the UK and would be the revenue producer NEOM needed was it? So time is a critical factor at this juncture, and more importantly massive exposure with real revenue is most important.
Thats why with a targeted and limited audience I dont see this as a big step in the picture right now. And I think I did say I hope they will use it for advertising down the road. I only wish they would use it to its capacity now, when time is so crucial, and include the largest audience possible instead of just the football(s0occer fans)
And the poster who commented on how big soccer is in europe, yes I am aware its a big sport. But the bar next to the field is more popular to the fans then the actual game, and I know becaiuse I spent 5 years frequenting the bars next to the sooccer fields. But do you think those fans will be paying to download clips of games they already watched?
No they couldnt just dilute the crap out of the stock and keep going the way they were. To do that as you suggest, they have to have a buyer wanting the 40 million dollars worth they would have needed to sell. I dont think there is any investor out there that was waiting in line with 40 million dollars, do you?
So your opinion doesnt add up to the facts, when they needed more money then they can sell in stock. Therefore the move was one of desperation. They cant even dump the shares to Cornell because they screwed up that 100 million SEDA, and we all know Cornell wont invest the 40 million that was needed, since they already control all of NEOMs assetts.
So please tell us who they were gonna dump the shares on to raise the 40 million to make your theory or opinion a viable one? Do you know any invester with that kind of cash that wanted in? If they are out there they would have been buying at these prices on the open market and the pps would have some buying support. But as you see a typical day is around 5 million shares trading or about 350,000.00 worth and thats the buyers and the sellers.