" that the receiver has certain powers " is the point. Where they came from, and why, is not irrelevant...
BUT...
The reciever doesn't have to bother himself with getting wrapped around any of these axles that the BOC have always worked hard at crafting, just for getting others to get wound around em...
It's clearly not useful to resolve some of those things being debated again today...
First, because there's little practical utility in it... That's true in any case, prior to the patent issues being resolved... so, just as a timing issue.
Separately, I doubt he'll waste effort in enabling himself in being sucked into any of the same black holes in time or reason that the CLYW BOC have always worked to enable... which have wasted too much of our time over the last few years. He won't, because his power also allows him to choose ignoring all that BS... when our power as shareholders to make that same choice in rejecting it... is exactly what was being denied us by their contempt of the prior courts order to hold elections.
We had to appeal to the court to help "fix it".
He doesn't. He's already GOT the power of the court behind him.
So, he doesn't have to care... since he CAN just ignore it as noise and do what is right, and what makes sense... and deal with what's useful... only when it's useful for him to bother with it.
Right now... the BOC aren't useful to bother with...
And that's fine.
Actually, it's not just fine... it's better than fine, or good...
It's excellent...
It puts CLYW in the best position ever, in my awareness of it...
I don't think it will often help... to resolve things... when you benefit more from retaining the power to resolve them, than you will from resolving them, particularly if its too soon...
I think that means you shouldn't expect any communication... about things that are not resolved... that are not useful to have resolved...
So, the lack of communication probably sends the right message.
It doesn't leave me pondering the powerlessness of the Delaware court... and I doubt others see that silence as an indication of some "weakness"... rather than a proof of silent strength.
The power of the court... accrues to the Receiver... but, information is power, too.
The current situation doesn't create any cognitive dissonance.
I don't have an issue seeing that "what we have, now" allows leaving carrots on the table... along with sticks, known and unknown. As long as carrots are going to be fully earned, and fairly priced, and don't constitute court validation of criminal acts, etc., I have no issue with focusing on what's practical, given the mandate of the court says what it does.
And, about the only limit that leaves... beyond the shift apparent that HAS properly refocused THE EFFORT MADE back on to first things, in the practical aspects of VALUE, first... and on "doing things the right way" as an entering argument... which requirement the BOC now have no power to subvert ???
That limit is that there will need to be care exercised to ensure that WHEN things are able to resolved... they're resolved in a fair fashion based on ACTUAL value in exchange... in a way that doesn't ever validate the crap that was occurring before... rather than disposing of it.
I think this court is not going to allow itself to be converted into a vehicle for or be made a participant in enabling a fraud.
Whatever the court and the receiver decide, shareholders legacy in rights are not going to be wiped out by the court...
Similar logic applies, I think, in addressing "how far back you want to look"... in addressing wrong re CLYW patent issues.
Validate the patent, first... then we can talk about licensing, from here, and prior use, before getting around to the discussion of cooperation re prior effort in enabling suppression, etc.
In the result, I expect Daic will win a benefit... (although, some of those legacy issues that are yet to be addressed, may contain other legacy risks for him, as well).
I think that benefit for Daic will be dramatically less, now, under the receivers management, than it would have been without all the theatrics and stupidity in the misdirection of the CLYW management... which I think may prove more costly, still, as other issues are likely to be addressed, in time.
It was always stupid of Daic to not cooperate with what Dave Williams required.
But, it was always true that Daic was going to insist on being stupid.
As a result, from here, for Daic, the function of time has the carrots shrinking faster, and the sticks growing faster, certainly relative to what they would have with other choices...
I think I pointed out that was the inevitable result... of the choices that were made... way back in 2008. But, it could have been as late as early 2009...
And, here we are...
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