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Technology Stocks : George Gilder - Forbes ASAP

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To: Bear Down who wrote (4176)5/10/2000 3:41:00 AM
From: Dan B.  Read Replies (1) of 5853
 
My facts are facts and are correct to boot. You overlook the truth.

Terayon uses a "key" part from the company you mention. Using that part, they then had to submit the final product to Cablelabs for certification. They did so. Others using that part(or similar part from same manufacturer) have had to do the same thing- separately certify. If a company certifies its modem through Cablelabs, it might then sell it to others for resale, who then DON'T have to have the product separately certified in order to sell it. This has happened, in fact. If Terayon were merely a re-seller of a previously certified modem product as your thoughts might logically imply, Pluvia's statement would still be false, in fact.

Pluvia said Terayons products are based solely upon their proprietary S-CDMA...but in fact their "products" DID and DO include NON-proprietary Docsis certified modems, hence his research lies(and given his previous posts, he apparantly KNEW of the DOCSIS certified TERN offered product ahead of time, hence my use of the word "lie," which implies prior knowledge of the truth, hence intent) That's enough said right there.

His only out is in your argument(but it's not a question of who manufactured a part-or even a whole modem- but one of who does indeed also offer the finished product for sale), with which he could claim he didn't understand what he wrote(and in doing so admit to extreme incompetence IMO, since the word PRODUCT certainly is plain, and plainly applies to all things Terayon sells- particularly this modem- though there are other Terayon non-S-CDMA products which serve to prove his claim false), and hence didn't INTEND to tell a falsehood. Legally you see, you can't lie without intent. He might get off with this argument, if charged, though I've gotta believe it'd be tough.

Meanwhile, his statement is false, in any event. He should have known better. He continued on to explain, just as if Terayon didn't already offer one, how necessary is a Docsis complaint modem for a modem company to have a decent market in the US- (heck, that's even questionable in TERN's case- they just sold S-CDMA in noisy little 'ol Los Angeles). This sell argument doesn't pass the giggle test given the truth we know.

Why do you think he and his minions have been silent after reading this charge on the TERN thead? In the past, I recall Pluvia would CHIDE on in the face of notions that he'd made false claims. No, this time it's different, you bet. Terayon DID already offer a Docsis certified product for sale in the US when Pluvia claimed they couldn't. This fact renders the rest of his no U.S. market argument SILLY on it's face.

Within a few DAYS of Pluvia's report, Terayons efforts in having this modem certified by Cablelabs paid off with a contract for NYC's "The Wiz" chain stores to sell them. Now TERN already has another contract- in this case with the sixth largest cable operator in the U.S.- to have Terayon DOCSIS equipment offered in the passing of millions of homes, I do believe. Pardon the redundancies here folks...just incensed at this fraud for the moment.

Freedom works,

Dan B
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