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Technology Stocks : Source Media SRCM -- Ignore unavailable to you. Want to Upgrade?


To: Harpo who wrote (1563)11/12/1998 2:53:00 PM
From: Pluvia  Read Replies (4) | Respond to of 3015
 
The part of the Court Order SRCM failed to disclose to shareholders...

The IT Network business is not "back on stride", and it likely won't be again.

Many on this board have posted that IT will benefit from the MI lawsuit win over IMS. This is not true. While IMS was restrained from certain activities, what SRCM did not tell you was IMS was not required to recalling infringing catalogues or directories, as noted here in page 12 of the judges opinion in the MI case:

"This order will be designed to prevent further use of the infringing catalogues and to prevent further broadcast of the infringing scripts. The court will not require the Defendants to recall infringing catalogues or directories; the court will not require TDI to re-issue non-infringing pages to the directories that are already in circulation; and the court will not order TDI to cease playing or broadcasting scripts corresponding to the topics and 4 digit numerical codes listed in its directories the IT Networks identified as infringing."

You will find this on page 12 of the opinion attached to the October 14, 1998 Order Granting Preliminary Injunction to IT Network vs TDI, Mike Shell IMS, etc... File number 1:98-CV-536

As such, anyone who thinks IT will suddenly produce more revenue due to this preliminary injunction is crazy. Nothing that has happened in any of the litigation has gotten any of the customers that left SRCM to go back to SRCM.

Furthermore, Nothing in the litigation suggest any of the customers that left will ever come back to SRCM, just the opposite. The most important litigation is in Kansas and SRCM has all but lost that case concerning the non-compete. Since IMS was considered not to have violated the non-compete, the customers will stay with IMS. SRCM's stategically stupid activities have really gained them very little as the catalogues and directories in question are simply to reproduce. All SRCM has really accomplished is to piss off the owners of the businesses they need as customers. This leads me to believe SRCM will continue to ~net~ lose business - not gain business. They have a bad rep in the biz...

All COmments IMO

Cheers Steve