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Re: zenus post# 3533

Saturday, 07/06/2013 7:49:01 PM

Saturday, July 06, 2013 7:49:01 PM

Post# of 40225
Well zenus I have done more homework than you have. No I am sure I don't know everything but I know a lot. It is good that you understand TMM just licenses the base code, they don't own it. TMM doesn't understand that. The problem there is that they are claiming all the VDK codecs and do not appear to have a legal license to any of them. They are claiming it based on the March 1993 contract, which was revised a month later lowering their rights due to their inability to come up with the money. That contract had some severly short term rights that expired long ago.

By 1996 they had nothing going and were in BK so Fernandez went back to Iterated and begged for anything so he could raise money. They said sure, and gave him a contract to use their tech but once again he defaulted on the payments so a few months later he asked again and they gave him one last chance. If you read the contract it clearly voids any and all remaining rights to any prior Iterated tech and calls for some hefty ongoing payments. Fernandez knew he couldn't actually pay them but took it so he could raise some quick cash to pay his bills. After immediately missing their payments Iterated pulled the plug on them. The December 1996 letters between the Iterated lawyers and the TMM shareholder lawyers details the defaults and clearly states TMM is not allowed to use any Iterated technology at that point.

In their filings Dimension shares their legal paperwork detailing their assumption of the DFMI rights granted by Iterated and signed by Alan Sloan, Tom Simpson and later by MediaBin executive Haines Hargrett. TMM supplied zero valid documents or contracts so far in the case filings and are basing their case on Simpson's word. A guy they sued a few months ago and who is a proven liar, forger and recently former inmate.

Dimension is making no claims to the early codec in the filings and expresses confusion on why TMM is even bringing it up. TMM seems to be saying this battle is over the 2.0 but is pulling in the early stuff for some unknown reason. Turned out to be a bad idea because now HP is probably aware TMM is using it without a license but that's between them.
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