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Strategies & Market Trends : Roger's 1997 Short Picks -- Ignore unavailable to you. Want to Upgrade?

To: vegetarian who wrote (8709)	12/21/1997 9:27:00 PM
From: Pancho Villa	Read Replies (1) \| Respond to of 9285

MC RE: AVNT >>Looks like the do or die decision for AVNT is whether there is imposed an injunction on Acquarius product.<< Asensio and a lot of people (including myself) seem to believe that if law and order prevail this is the most likely outcome. I guess you have read all the posts on the AVNT thread some of them are very intersting. The thing that in my opinion will nail them is that they will not be capable of tampering with the code for any of the versions of aquarious as the files when compiled must render an executable that is identical to the released versions in size and all other respects. The cheating, unless they did an extremelly good clean up job in the first place (not after the fact) will come out. Pancho

To: vegetarian who wrote (8709)	12/21/1997 10:01:00 PM
From: Brad Davies	Read Replies (2) \| Respond to of 9285

M. Carter, Re: AVNT As a lawyer, based solely on my reading of the press releases, I would say we are approaching the end game on the Avant/CDN lawsuit with respect to the injunction issues. Judge Whyte denied Avant's attempt to delay further with discovery proceedings, and granted CDN access to the Acquarius code. My instinct tells me Judge Whyte wants to make sure he has been given sufficient evidence to base his future injunction of Acquarius on. Given the long convoluted history of these proceedings, and the clear direction from the appeal court, and the tight timeline set for the future hearing, I think it highly likely that, given the evidence that he needs (an affidavit from an expert that the Acquarius code is based on stolen code), that Judge Whyte will issue the injunction against all future iterations of the software. After that CDN will have to have a hearing to establish the damages suffered. That may take another 6 months. In the meantime, though, these legal events have to have a chilling effect on AVNT customers, who cannot now comfortably use their software for fear of getting caught up in this legal mess. I also noticed that a senior officer resigned last week. The first one off the ship... These events must be having an effect on their employees as well. The smarter ones will not want to be tainted by the criminal activities of the senior level officers. I'm hoping for a bounce tomorrow so I can add to my position Regards Ron