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litton51

10/14/10 2:18 PM

#37598 RE: conagra #37597

From what I've read of Daic, he is not stupid. He is intensely greedy and one source reported that he believes his cut of CLYW is worth $100 million.
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downsideup

10/14/10 4:57 PM

#37614 RE: conagra #37597

I think yours errs in assuming Daic is in any way relevant in what CLYW does now, or in the future, while CLYW is addressing their choices.

Its not like waiting for CLYW to reach a deal with anyone... can help Daic avoid the liability he has assumed... which is massively larger already than any benefit he could ever gain... even if only in the sense of the multiplier in the fact he owes all of us for all the damage done, and still accruing, but "owns" only a fraction of the shares himself, and, of course, he is likely to lose his claims to ownership of any of that value, too.

The fact is, the longer the clock ticks, the larger Daic's liability grows... and that has been true from the point of the first deployment that infringed. Daic clearly had already lost his battle to take the patents the moment the meter started, with CLYW still in control. Time is on CLYW's side... which is why CLYW has been as patient as required to have the situation become what it has become... as the scales began tipping a long time ago...

When CLYW does its first deal... the damages done will begin to have real data points applied to them measuring the value of damages done... and, a second deal, and a third, will enter new data points in the computation...

How many have been infringing, for how long ? There is relevance in the list High Rider has been discussing... as it is a measure not just of stored value that CLYW might recover by enforcing the patent, but it is also a measure of available value that was denied to CLYW by virtue of the damage done by Daic. How many deals could have been done before, with CLYW logging a growing stream of revenue over the last two plus years ??? What is the value of that lost potential ?

There is no "reasonable" defense to any of the claims for damages that CLYW might present for Daic, Williamson, et al, to repair... because frauds in suppression of proper conduct of the business, paired with violations of a standing court order re proper governance... isn't the sort of thing that is considered a proper exercise of judgment by management.

All of Daic's claims of any right or ownership are going to be wiped out... and Daic is going to be left owing CLYW BILLIONS in damages. The longer it takes to address that fact, the larger the problem for Daic grows.

CLYW likely is not expecting there is any value in letting the debt owed us by Daic increase beyond his ability to make it good... so, while he will be wiped out... that can happen only once, instead of many times over. That still doesn't create any reason or need for CLYW to want to hurry in addressing it, in the degree hurrying would mean a less than proper, full, and complete effort being made, while ensuring it is done right.