Pat, Re:
"I asked(your lawyer) about the company's responsibility regarding their key focus and if there was a grey area between preaching one message and executing another. I explained about their earlier focus on S-CDMA and how they're buying small companies in order to shift away from the non-standard S-CDMA to a full array of last-mile solutions. He said there are no grey areas. If it's not true, it's fraud."
Aside from not seeing any significance in your use of the term "non-standard S-CDMA," since there is no DOCIS standard for S-CDMA as I write, and TERN's S-CDMA is the only S-CDMA for cable I know of, I'd point out that these acquisitions plainly are apparently intended to work with and enhance their proprietary S-CDMA. I can't see a shift away from the focus TERN has had from it's inception. Cherry is to be incorporated with S-CDMA and the cable telephony technology acquired with acquisition of Telegate is already CDMA. No case, IMHO.
"If the SEC filings list the company as being focused on S-CDMA products, then that, indeed, has to be their focus. If they've changed directions and haven't changed their story, it's fraud. If the CEO is saying they'll have an S-CDMA-based DOCSIS product by the end of the year and they've not submitted one for testing, it's fraud."
If they intend to submit a S-CDMA modem for testing by a date, and they fail despite best efforts and/or other extenuating circumstances, it would not be fraud, IMO.
"If their DOCSIS sales are tied to an OEM model, they need to make that clear."
It seems clear. In short, they say so.
Dan B |
