Re: Let's hope DM saw this /LL
posted on
Mar 01, 2008 11:01AM
Nice to have your insight back again and in a much less derisive tone. I have always appreciated your input as I have stated many times to you. I just get "blue" sometimes when I am constantly reminded "the glass is half empty". I like to think I am a positive person and live my life that way. That does NOT mean I am convinced EDig is the "greatest thing since sliced bread" but I do believe there are many things to "look forward to" regarding EDig.
That being said I disagree with the latest "buzz" on this board about DM "not seeing this coming" re: Vivitar, BLRC. You have informed us as to the status of DM and I believe you and others who have done their DD on this firm and have great confidence in their abilities.
One facet of taking on EDig's IP infringement is ensuring the companies you go after (1) are infringing, (2) have the funds to pay a substantial settlement if they lose the infringement lawsuit and (3) will be around for DM/EDig to collect.
To me this is absolutely, rock bottom basic stuff. DM would have had to know something was amiss at BLRC. DM's work didn't not start till a year ago and BLRC's problems just didn't pop up out of the wood work 2 weeks ago.
DM may have not known the extent of the problems but it surely should have taken into account the uncertainty of BLRC/Vivitar's situation.
That makes me wish to agree with Trillium the reason's DM went after Vivitar were two-fold, (1) a slam dunk, (2) multiple other defendents. There is no way DM, even a year ago, could have expected a large pile of loot from Vivitar/BLRC.
My personal guess is the "win" and proceeding on to bigger fish, some of whom could possibly be one or two of the "other multiple defendents. In that case it might not make too much difference if Vivitar goes in the "pooper"....little light hearted lingo there.....
I may be completely in left field here as I do not know the ins and outs of law firm workings and so my questions to you are
(1) Are you firmly convinced DM did not do it's DD on Vivitar/BLRC and could not have know "this was coming" or something was amiss?
(2) Could it be that DM's ultimate purpose was something other than Vivitar money or lack of it? Would it be in your knowledge that a firm like DM would operate that way?