Replies to post #28920 on T M M Inc (TMMI)

[Urbanlegend]

Okay. You're a reasonable fellow. 2002 --- if my math is right that's almost 15 years ago, and something like 12 years before the counterclaim was filed. Do you see a limitation period problem?

Beyond that -- the Ventura county judge didn't "make a settlement agreement". I'm not even sure what that means. The parties there made an agreement. If the Ventura county judge had heard evidence and decided that Tom Simpson had stolen the software, then Dimensions lawyers were foolish for not bringing this judgment to the attention of Judge Gonzales. How else would she have learnt about it? After all there is no public record of it. She'd be forgiven for thinking no such judgment exists.

But as interesting as this discussion may be, the simple fact remains that Dimension lost this claim and 7 other ones.

[Urbanlegend]

To continue my education -- perhaps you can explain to me why Dimension sat on its rights, knowing that Tom Simpson had a copy of the code?

I'm probably relying on Cliff notes here but I thought limitation periods existed so that grievances be aired before they become ancient, so that the aggrieved can't lie in the weeds and wait to pounce.

In this case, Dimension obtained the code from MediaBin and seems to have been unable to care less about Simpson retaining a copy contrary to his agreement until years later. This seems to suggest no damage.

Not so?

[Urbanlegend]

Not to mention the other problem. Tom Simpson is incredibly unreliable. But he was acting for Tmmi when he initially came in to possession of the code. I think you've acknowledged this. Remember he took it "to secure a loan" to pay for Tmmi debts, and the monies owing for VDK 2.

I think. But then again none of this was in writing. So a problem. I find myself wondering whether in California contracts like this have to be in writing. But also, I'm not sure who exactly Simpson is alleged to have stollen this software from. Iterated? That's strange - because Iterarated says they gave it to him, and never complained.

I don't think Dimension is going to have much luck convincing Judge Gonzales to amend her judgment to find Tmmi liable for stealing Dimension's software.