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Technology Stocks : Terayon - S CDMA player (TERN) -- Ignore unavailable to you. Want to Upgrade?

To: silicon warrior who wrote (799)	4/18/2000 7:09:00 PM
From: Bernard Levy	Respond to of 1658

Hi SW: Soon you will be telling us that the WSJ was in on the conspiracy against TERN: Message 12415290 We now have at least 18 months worth of posts on SI where Mark Laubach, Dave Horne, Pat Mudge, Geof Hollingworth and I have dissected claims made by TERN and found them wanting. In particular, I would like to direct you to the first 40 posts on this thread. 18 months ago, Pluvia, Weiss, etc... had not heard of TERN, but the problems that are now discussed openly already existed. So, TERN has nobody to blame for its troubles but its management. Best regards, Bernard Levy

To: silicon warrior who wrote (799)	4/19/2000 2:23:00 AM
From: GOPbabe	Respond to of 1658

Funny you should mention about Milberg SW. I get about 300 wires a day and I am always finding PR from Milberg like the one I am posting below. Looks like they are not as busy usual. Regards, Merylee Milberg Weiss Announces Securities Class Periods SAN DIEGO--(BUSINESS WIRE)--April 18, 2000--Milberg Weiss (http://www.milberg.com) gives notice to purchasers of the following securities for the following periods: CORPORATION PERIOD AVT Corp. (NASDAQ:AVTC) 01/20/00 -- 03/17/00 To sign up on-line: milberg.com Aurora Foods, Inc. (NYSE:AOR) 10/28/98 -- 02/17/00 To sign up on-line: milberg.com Finova Group, Inc. (NYSE:FVN) 07/15/99 -- 03/26/00 To sign up on-line: milberg.com Fruit of the Loom, Inc. (NYSE:FTL) 09/28/98 -- 11/04/99 To sign up on-line: milberg.com Pacific Gateway Exchange, Inc. (NASDAQ:PGEX) 05/13/99 -- 03/31/00 To sign up on-line: milberg.com Terayon Communications Systems Inc. (NASDAQ:TERN) 02/02/00 -- 04/11/00 To sign up on-line: milberg.com Upgrade International, Inc. (OTCBB:UPGD.OB) 11/29/99 -- 02/24/00 To sign up on-line: milberg.com VantageMed Corp. (NASDAQ:VMDC) Pursuant to 02/15/00 IPO To sign up on-line: milberg.com Visx, Inc. (NASDAQ:VISX) 03/01/99 -- 02/22/00 To sign up on-line: milberg.com You should be aware that class action complaints involving the securities of the above companies were filed on behalf of investors by the law firm of Milberg Weiss Bershad Hynes & Lerach LLP ("Milberg Weiss"), often in cooperation with other major experienced securities firms. If you wish to discuss these cases or have any questions concerning these cases or your rights or interests, please contact: William S. Lerach or Darren J. Robbins of Milberg Weiss/California at 800/449-4900, via e-mail at wsl@mwbhl.com. Milberg Weiss is a 120 lawyer firm that has been actively engaged in commercial litigation, emphasizing securities and antitrust class actions, for more than 30 years. The firm has offices in New York, San Diego, San Francisco, Los Angeles and Boca Raton and is active in major litigation pending in federal and state courts throughout the United States. The firm's reputation for excellence has been recognized on repeated occasions by courts which have appointed the firm to major positions in complex multi-district or consolidated litigations. Milberg Weiss has taken a lead role in numerous important actions on behalf of defrauded investors, and has been responsible for a number of outstanding recoveries which, in the aggregate, total approximately $2 billion. CONTACT: Milberg Weiss Bershad Hynes & Lerach William Lerach, 800/449-4900 wsl@mwbhl.com TICKERS: NASDAQ:AVTC NYSE:AOR NYSE:FVN NYSE:FTL NASDAQ:PGEX NASDAQ:TERN OTCBB:UPGD.OB NASDAQ:VMDC NASDAQ:VISX

To: silicon warrior who wrote (799)	4/19/2000 2:56:00 AM
From: lml	Respond to of 1658

Silicon-W: Thanks for the reply. Under the proposed SEC rules, there is no issue--if you trade while you have material non public info, you are SOL. I agree. Presently, you may argue--and some jurisdictions would agree--that a plaintiff must show that you actually traded on the info. For example, if you have a quarterly trading window and you traded in it consistent with prior activity, it would be difficult to prove that you used the information. Thus, no violation. This is interesting, and plausible, but would be very difficult for a plaintiff to prove. I pity the plaintiff is such jxs. The regular pattern of selling, to some extent, provides a safe harbor for insiders to sell their shares irrespective of possession of non-public information. However, I would look to not only to timing, but also the magnitude of such sales relative to well-established patterns of selling by the insiders whose sales are the subject of the lawsuit. Accordingly, I don't believe such an analysis will be helpful to the TERN defendants as no such pattern exists. In fact, the record indicates an increased level of selling in and around the period in question. If there was no big deal with Cablelabs, as appears to be the case to me, then the info may have been non public but was not material. I'm surprised by your conclusion on this issue as I believe it is misplaced. What Cablelabs thinks on this issue, while arguably relevant, is by no means conclusive or probative to the issue of materiality. I would think the issue of materiality goes to what an investor would deem material, not what CableLabs views material. As I see it, we're talking about apples & oranges, counselor. Investors are interested in the prospects of S-CDMA technology achieving DOCSIS certification within a given time frame as it pertains to the ability of TERN to grow revenues going forward. Investors view DOCSIS certification as important. I don't think you would argue with this. CableLabs holds a completely different perspective on materiality. Their view might be like this: "Yeah, we'll look at S-CDMA, and if it meets our parameters in terms of cost and workability within a certain time frame, we incorporate into the next certification; if not, we'll continue to look at it for inclusion into the next certification, keeping the door open, but there are no guarantees." CableLabs would like to incorporate S-CDMA into a certification at some point in the future, but it is not critical to the DOCSIS certification process. Now wouldn't you think the standard of materiality might be different for an investor than it would be for CableLabs?

To: silicon warrior who wrote (799)	4/19/2000 10:06:00 AM
From: CRay33	Read Replies (1) \| Respond to of 1658

Can anyone confirm if this guy is really Pluvia: NEWS: THE MISSING LINK FOUND between Steve Keyser aka Pluvia and Steve Sayre aka Silver Screen!!!!! WE'VE GOT HIM!!!! Kerness's number listed on the board was noticed by GB. He called the number and asked for Steve Keyser. First Kerness said he was not there, then GB asked if he could speak to him and that they had a rugby game, Kerness told GB to try later. The guy was sounding very nervous! GB called Kerness back again, and Kerness said he had his (GBs) number from caller I.D. and that he would give it to Keyser when he speaks to him. Then he "started ------- in his pants" when he realized that the call was not from Nevada. GB told him his name was Guilliam Barre!! Pluvia is going down!!!!!