To: deltarider who wrote (6488 ) 6/1/1998 10:47:00 AM From: Jeffrey S. Mitchell Read Replies (2) | Respond to of 10786
Re: Ingram Micro Lawsuit Yes ALYD is the one suing Ingram Micro. First a little background. References, as we all know, are very telling about a company. Through a contact at one of ALYD's recent clients I was able to read the references from a half dozen of their high-profile accounts. One word comes to mind: stellar. Obviously that played a major role in ALYD ultimately getting that contract. Let's also not forget that CEO Gruder announced at the meeting that 3M headquarters is entirely finished and back in production and that at the end of the process 3M was so confident in what they got back that they didn't even bother to test it. Why am I saying all this? Because, obviously, the moment a lawsuit is filed, it's open season on both parties. I.e. "she asked for it", "he shouldn't have been there in the first place" etc. With a publicly traded company, I expect people to allege whatever is in their best interest. That's life. So, yes, obviously, I take ALYD's side. But I want to present their case in a way that, to the best degree possible, makes this a no-brainer for investors. The first question that comes to mind is what incentive would Ingram Micro have for not paying ALYD. Don't they need their code fixed? Well, when ALYD returns code to you for approval and to get some money out of it, it already contains the subroutines ALYD's SmartCode has generated. Only honesty prevents someone from pocketing it so to speak and waving goodbye. The second question is why ALYD would sue in the first place. Wouldn't they want to settle this amicably behind the scenes? Yes, they would. But, obviously things didn't work out. Isn't ALYD worried that by filing suit that people would automatically believe "Goliath" and not "David"? Wouldn't have been better to just keep things out of the courts? Yes, but anyone that knows ALYD knows these guys take the utmost pride in their work and aren't about to cave to anybody. ===== If I were ALYD I would have sued as well. But, unlike ALYD, I would have been aggressive from the start in talking about the suit before it "leaked" out. In fairness to ALYD, 99% of the lawyers out there will tell you the last thing you want to do is be aggressive in these sorts of things because you really only want to get paid, and once you publicly embarrass someone you might as well forget about that. But that doesn't forbid me from publicly embarrassing Ingram Micro. Heck, I think this is a great story: the first ever lawsuit of a Y2K vendor suing a client for non-payment! Since you either fix your code or go out of business, I think we will see a ton of such lawsuits. But there will only once be a first! Heck, the best thing that can happen to ALYD -- long-term -- is that this lawsuit makes national news. This will put ALYD on the map. Short-term there may be confusion as the street tries to figure out the "facts" in the case. But once reporters start calling ALYD's references they will quickly know why ALYD took that bold step and filed a lawsuit. - Jeff