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Technology Stocks : Avant (AVNT)
AVNT 30.59+0.7%Nov 28 9:30 AM EST
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To: trenzich who wrote (914)10/9/1997 12:02:00 AM
From: Brad Davies   of 3441
 
Tonto, this decision bodes well for those short AVNT. It appears that judge Whyte has heard the appeal court.
It seems very likely to me that AVNT will be enjoined on their Acquarius products. What appears less certain, however, is whether CDN will be able to produce enough evidence that the other products being released by AVNT contain stolen code and should also be enjoined. It would be very unfortunate indeed if a company could escape enforcement of a judge's injunction indefinitely by playing games in the marketing of the software under different names, and for that matter by separate legal entities. Note that the new software is being marketted in Japan by a subsidiary know as Galaxy. Since that company is not named in the litigation (yet) it will likely not be enjoined. If I was judge Whyte, I would clamp down on this legal gamesmanship. It is clearly contempt of court. We shall see if Judge Whyte has the courage to do what is right.
From CDN's perspective, I believe they are on the right track in attacking the users of AVNT software, even if they are also attacking their own customers. By attacking the revenue stream, they will do real longterm damage to AVNT in the marketplace. I noticed that TMA thought that the termination of their partnership with CDN was important enough to make a public announcement about, even though they also indicated that it would not mean any meaningful loss of revenue. I do not understand the rationale for the announcement on their part if their is no loss of revenue. Does anyone know when the TMA deal is supposed to close, and whether they need shareholder approval?
Ron
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