Re: TPL co-mingled the MMP .. You're misrepresenting the issue
posted on
Oct 12, 2013 05:38PM
You wrote the following post. My replys will be in italics.
You: With all due respect, please explain how it would be best for PTSC shareholders to shut off the infringer identification/notification engine NOW. Even under the best of circumstances, that IS what would happen.
Me: Nonsense, noone is going to shut it off. Infact, I submit that because TPL had/has complete control (via Alliasence) of the entire process of Notification, teardown, correspondence, tiers, categories, etc, that it is HE who has complete discretion to shut off the licensing efforts by slow playing or being uncooperative with companies if he chooses. I also suspect that in many past quarters when we had zero licenses, he did just that as a way to squeeze concessions out of PTSC.
You: That is unless you believe that DL/TPL/Alliacense would be cooperative to the extreme as we put them out of business.
Me: Put who out of business ? Didn't you read that we (I) want to continue to utilize the resources of Alliasence ? I just think it's about time we had someone besides DL or Alliasence themselves monitoring their own activities and productiveness. Certainly Carl isn't, that's not what his position is for, nor does he have the time with his 3 public company responsibilities as well as Swartz responsibilities and the half dozen other capacities that he maintains with ES and Mr K.
You: And how would this be possible with the Bankuptcy Committee breathing down, in this scenario, OUR necks? It seems the worst possible time, even if it were remotely possible, especially with DL/TPL being essentially under the control of others; PTSC, Bankruptcy Court/Committee. And the clock ticks....
Me: While the Bankrupty does constrain and monitor TPL's activities, Alliasence is not a part of the BK proceedings, it is an independent Delaware LLC entity. As far as the Bankruptcy Committee (Creditors Committee), DL and his children are the largest single Creditor block, at just about 50% of the $70M.
You: I apologize, but I just don't follow your reasoning. I'm certainly no fan of DL, and it sure would be nice to be completely rid of him, but the consequences for US would IMO be probable destruction at this point in the game. This again, even if such a move were remotely possible under present circumstances. We couldn't possibly restart the Identification/Notification engine fast enough, and every day lost equates to less in potential revenues.
Me: Ridiculous, were that the situation, then the "change" from TPL to Alliacense would have created the "destruction" you're suggesting. What will change, is oversight, management, accountability and sensitive ftf (or telephonic) discussions from a non DL entity.
You: How many formal Notifications and Data Packs, with present knowledge (TI, et al), in their crudest but acceptable form, could potentially be produced in a day by Alliacense? Form letter with blanks filled in and boiler-plate Data Pack. This recognizing that Alliacense SHOULD have, by now, a huge bank of data regarding probable infringers (e.g., at least some of TI's 80,000 customers, that number per TI). Even with "small" infringing entities, and only few per day, every day lost would potentially equate to big bucks abandoned.
Me: See above answer.. I do note however, that "small" licensing delays in the past never seems to bother you. As far as abandoning the "big bucks" .. look at the hundreds of millions of claimed infringment dollars TPL abandoned from their negotiations from just the 3 infringers I exampled in my post.
You: And if we acquired a new Licensing Agent, departing from TPL/Alliacense, what would happen to that "Infringer Data Bank" built by TPL/Alliacense? I strongly suspect it would be either lost or otherwise encumbered for a lengthy period of time - time we DON"T HAVE LEFT. The Money Clock starts upon Notification.
Me: Once again, you're misrepresenting what we are suggesting PTSC do. BESIDES..... PDS IS the "new Licensing agent" as of the date of the new ComAg in 2012, so this part of your argument is all wet too.
You: I suggest you do as I and take comfort in the fact that DL is under tremendous scrutiny as I keep saying in recent posts. Consider this: if we jumped ship and were fortunate enough to replace TPL as Licensing Agent in a heartbeat, would we enjoy the oversight and control of that new agent's actions/decisions that we currently enjoy? Probably not.
Me: Please stop making it up as you go along.