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Liquid Audio: Better off dead?

mgeneral writes "It seems so for the shareholders. Liquid Audio, had only $150,000 in revenue but managed to lose $5.6 million last quarter. Its main asset: A pile of cash. In fact, so much cash, that if they close the doors, they could pay back the shareholders more per share than the current stockprice...and thats exactly what some investors want them to do." We've run stories on Liquid Audio before...

172 comments

  1. For obvious reasons by Anonymous Coward · · Score: 0

    Why would someone want streaming stereo technology that only works in the bathtub?

  2. What a dot com anachronism by linzeal · · Score: 0, Troll

    Good riddance, maybe someone will take the money and invest in something useful like mars colonization, maybe?

    1. Re:What a dot com anachronism by Anonymous Coward · · Score: 0

      dont laugh, that would be money well spent.

  3. Why not do something with it? by Kevin_ap · · Score: 1, Interesting

    Just having a big pile of cash is a wast. Why don't they just invest in something? At least they'd make a profit of that....

    1. Re:Why not do something with it? by Anonymous Coward · · Score: 0

      remember to take a screenshot. this could be a pivotal life moment.

    2. Re:Why not do something with it? by MADCOWbeserk · · Score: 2

      Something tells me they don't keep it in the office safe. Most of it would be invested in short term easily convertable assets. (bank accounts, T-bills)

    3. Re:Why not do something with it? by tybalt44 · · Score: 2, Informative

      Yes. "Cash" in business-speak means any easily liquefiable investments, usually short-term stuff like commercial paper or even long-term stuff which is easy to liquidate like T-bills. It doesn't mean greenbacks, and most of it usually isn't kept in bank accounts either.

  4. Liquid Audio should die by locarecords.com · · Score: 4, Insightful

    Seems to me time for Liquid Audio to die. There is no point throwing good money after bad and the shareholders can then invest in something new (if they aren't too scared off the Stockmarket ;-)

    But then turkeys don't vote for Christmas and I'm sure that managers won't vote to sack themselves...

    www.locarecords.com

    --
    ---- The Open Source Record Label : : LOCARECORDS.COM
  5. They still exist? by saihung · · Score: 5, Interesting

    It would be refreshing to see the directors of a company admit that they have no idea how they can make any money and return whatever their investors ponied up. The shareholders own the company, and if there's not even a glimmer of hope of the company ever being profitable (with Liquid I'm not sure that there ever was, but that's a separate issue) then the best thing is to admit defeat, cut your losses while there's still anything to cut, and close your doors.

    1. Re:They still exist? by Hee+Hee+Hee · · Score: 0, Offtopic
      I agree!


      It would also be nice if Micro$oft would stop its predatory practices, fatty foods wouldn't make you gain weight and Slashdot would stop repeating stories.


      Something about a snowball's chance in hell comes to mind....

      --
      - Bill
    2. Re:They still exist? by forgoil · · Score: 3, Interesting

      That money could in turn be invested in a new company with a better chance of turning in a profit. There are tons of inventions and ideas out there that need investment that by far outshines trying to make money on the internet or with software nobody is willing to pay for anyway.

      What the world needs is a new boom, like the .COM one, just this time in companies that got a clue what the hell they do.

    3. Re:They still exist? by squaretorus · · Score: 4, Interesting

      Wrong.

      The best thing is to find a new board of directors WHO HAVE A CLUE!

      Take easyJet. One of the most profitable and successful companies to come out of the internet age. All tickets booked online, along with some other innovations, allowed far cheaper seats, leading to a massive chunk of market share, even buying Go recently (Go was the British Airways budget airline).

      Stelios, the guy that set up easyJet, has left his position at the head of the company and will completely leave next year. EasyJet has brought in a team and a headman who know how to RUN a business, not just START IT UP. Stelios is off to start another business, easyJet is on its way to another successful year.

      With that kind of cash reserve, even with no IPR, facilities, or brand, you simply need an ambitious board with some GOOD ideas and the capability to pull it off.

      Then the shareholders should get much more than $1 for every $.7 in return. Easier said than done of course.

    4. Re:They still exist? by gl4ss · · Score: 1

      'corner taking'(i'm not sure of the proper term in english maybe hostile takeover&axing is better.)

      they could still make a new product with all the cash they got, like WHO SAYS THERE CAN BE ONLY ONE PRODUCT A COMPANY CAN DO??? surely they could start doing something else, like they're not on verge of bankrupty either..

      i could bet the one's on favor of axing are the one's who would get more per stock than they paid..

      --
      world was created 5 seconds before this post as it is.
    5. Re:They still exist? by gl4ss · · Score: 1

      forgot to add that, short term shareholder value isn't everything, that kinda thinking leads to 'americas disease'..(enron&pals)

      --
      world was created 5 seconds before this post as it is.
    6. Re:They still exist? by squaretorus · · Score: 2

      http://www.funkybusiness.com/inside/funkytimes.htm l#epilogue

      Talent makes capital dance: an epilogue

      Some of you may have heard about it already, but it's worth repeating. Lars Ramquist, head of the board of directors at Skandia, the highly successful Swedish insurance company (well a bit more than insurance company actually - is there really an insurance industry?), recently got a phone call. The guy on the other end of the line was Jan Karendi who runs Skandia's US operations. The conversation may have gone something like this:

      - Hi it's Jan.
      - Hello Jan, how are you?
      - Fine, and the company is doing great too. How are things back home?
      - You know - the weather and the politicians and so on... So, why are you calling?
      - Hmm, let me cut to the chase. I had a meeting with our top people here last week and... well, they told me that they want eight percent of the company.
      - WHAT!!!
      - Is there something wrong with the line?
      - WHAT DID YOU SAY!!!
      - They want eight percent of the company. I want you to tell the stockholders that they will have to hand over eight percent of ownership to our top people, otherwise they are threatening to leave...
      - ...

      Of course, Skandia's stockholders started twisting and turning, whining and screaming like babies without their comforters. And darn it, they will probably succeed - they will win. The top people at Skandia will most certainly not get more than 6,4 or 7,2 (tops) percent of the company. But, we have a hypothesis. In two or three years time, Mr. Ramquist will get another phone call. This time, the employees are going to demand 12 percent or even 14 percent. What will he do then? What will the stockholders say?

      Skandia is not alone. Indeed, the list of companies having to realize that power now belongs to their people is getting longer by the minute. At Nokia, the estimated costs of the stock-option program is more than 10 billion dollars. Robin Hood is not dead. This time though, he's not stealing from the rich to give to the poor. Now, money flows directly from the capital investors right down into the pockets of the intellectual investors. Because in an age where competitive advantages weigh no more and no less than the dreams of a little butterfly - there is only one thing that makes capital dance: TALENT. You can either reward talent accordingly and watch the capital dance or commit commercial suicide (slowly). Listen up CWIs (Capitalists Without Ideas) of the Funky Village: there is no alternative.

    7. Re:They still exist? by Anonymous Coward · · Score: 0

      Blah Blah Blah. Enron was the biggest proponent of this line of thinking. It had "talent" out the wazoo. A bunch of primadonna princesses who only looked out for #1, and screwed everyone else.

      No thanks.

    8. Re:They still exist? by tswinzig · · Score: 2

      It would be refreshing to see the directors of a company admit that they have no idea how they can make any money and return whatever their investors ponied up.

      I doubt they could return that much to the investors. The article says they can pay them more than what the stock is currently worth, but I imagine most of their long-term investors paid much more than that.

      --

      "And like that ... he's gone."
    9. Re:They still exist? by nelsonal · · Score: 1

      It usually involves a nasty proxy battle, that is between current manamgement and a wealthy investor (who came up with the idea of liquidating the company for its cash horde). For those who do not know, proxy battles are what HP went through prior to the Compaq merger. Management does not usually want to do this, because it means losing your job, and you have to give up your company's dream, which most executives hopefully believe. The proxy battle is between managment's chosen directors, who would be against the liquidation, and one or several (in this case three) large shareholders who ususally buy a big stake at low prices in the hope of liquidating and making money on the cash payment over their cost.
      The hard part about this for investors, is estimating how much cash will be spent by the company fighting the proxy battle, and on severance, lease termination clauses, etc. These can bleed the cash position enough so that the investor who bought a large stake, to accomplish the liquidation, loses money. The last one I recall, was Buffett bought up a REIT, sold all the properties, and distributed the cash, share holders made a pretty penny, almost 30% in about half a year.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    10. Re:They still exist? by Rich0 · · Score: 2, Insightful
      The point is that the company is owned by the shareholders. Sure, in theory they could change their business model and start selling cars instead, but if I were a shareholder I'd rather have the company give me what they can, and invest that in Ford if I wanted to own part of a car company, rather than pay programmers to make cars.

      The shareholders own a company - plain and simple. It is in their best interest to serve customers to get them to buy product, and that is the only way they will ever make money from their shares. However, they did not buy shares as an act of charity - they expect a profit. If they want to help the poor of the world they should dissolve the company and vote to give the leftover cash to some needy cause - not just blead the company into bankruptcy.

    11. Re:They still exist? by nathanm · · Score: 3, Insightful
      With that kind of cash reserve, even with no IPR, facilities, or brand, you simply need an ambitious board with some GOOD ideas and the capability to pull it off.
      This implies Liquid Audio has a somewhat viable business model, which it doesn't. The shareholders are voting on a proposed merger with Alliance Entertainment soon. Without the merger, Liquid Audio will just keep burning through their cash reserve until it's completely gone.

      They have a duty to shareholders to maximize their investments. The best way to accomplish that at this point is to pay off their debts, cash out, and dissolve the company. If they want to radically change their business model, start up a new company and find new investors and capital.
    12. Re:They still exist? by gl4ss · · Score: 1

      the shareholders can sell their part of the company if they wish, for the market price, if it's smaller than the 'real' value of the firm tough luck.

      not everybody buys stocks to get rich quick, most that do get screwed.. and if you buy company's that doesnt have yet a proper business model stocks you are doing charity, or future investment, or lottery.

      --
      world was created 5 seconds before this post as it is.
    13. Re:They still exist? by FFFish · · Score: 2

      Now, money flows directly from the capital investors right down into the pockets of the intellectual investors.

      Until the capital investors get sick and tired of pissing their money away on companies where the top people are more concerned about lining their pockets than operating the company.

      The Enrons, JDS Uniphases, etc., have waken up a lot of people. They're pissed that the corrupt assholes at the top of the chain lined their own pockets with gold, and ignored the health of the company.

      There's gonna be one sure outcome of that: companies that over-reward their top dogs will see investors flee.

      --

      --
      Don't like it? Respond with words, not karma.
    14. Re:They still exist? by Anonymous Coward · · Score: 0

      Normally I think of Shareholders as: take the individual with the lowest iq, divide by the number of people and thats the iq level of said group.

      In this case, why should the shareholders waste money when there is no reasonable expectation the money in the bank will prevent the company from continuing to tank and has no future expectations except as a subsidiary to a much larger company.

    15. Re:They still exist? by Rich0 · · Score: 2, Interesting
      the shareholders can sell their part of the company if they wish, for the market price, if it's smaller than the 'real' value of the firm tough luck

      If the majority of the shareholders want to hold on, I'm perfectly fine with that. However, it is the right of the shareholder majority to dissolve any corporation. There is no reason why everyone has to go down with a sinking ship. Ok, so maybe they were dumb for buying into the idea, or maybe there was just a change in the market. If their only asset is their capital, it should be dispersed - their capital is the property of the shareholders - not the employees. The employees are fully compensated when they collect a paycheck, and the customers are fully compensated when they buy the product. Nobody owes them anything more.

      It isn't the shareholders that will end up killing this company - it is the lack of a market for their product. You argue that down the road there might be a market for their product. Then buy their stock - it is bargain-priced. If everyone wanted to hang on, then there wouldn't be talk of dismantling the company. If the market won't clear up for a long time, then the fix is to dissolve the company, and then create a new one when the market actually exists (if it ever does).

    16. Re:They still exist? by squaretorus · · Score: 2

      Guess what one of the GOOD IDEAS would be??

      Thats right!

      A workable business model. Businesses switch model every five minutes. To say that they should stop and start to change their model is naive in the extreme!

    17. Re:They still exist? by nathanm · · Score: 2
      Businesses switch model every five minutes. To say that they should stop and start to change their model is naive in the extreme!
      If they could leverage some of their existing technology and only slightly change their business model, fine, but the very core foundation of their company is worthless today. Only a completely new and novel business model could possibly save them. Then it would be Liquid Audio in name only, and not what the investors had in mind when they put up their money. In this case, Liquid Audio has a duty to liquidate (no pun intended) their assets and reimburse the shareholders.
    18. Re:They still exist? by squaretorus · · Score: 2

      In this case, Liquid Audio has a duty to liquidate (no pun intended) their assets and reimburse the shareholders

      Where is that written in stone, other than in your mind? As someone who has operated his own business for the past 6 years I have switched models 3 times, in order to capitalise on changing markets, and to minimise the damage of competitors massively undercutting us.

      If you look at what we started out doing, and what we do now, there is a link - but the model and technology is utterly changed. My backers have been happy to change, indeed they saw it as my duty to come up with a way to change or they would have replaced me! Certainly I have replaced people who didn't keep us competitive, it's still the same company because the objectives of my backers are unchanged - MAKE MONEY!

      If Liquid Audio can MAKE MONEY it is fulfilling its obligations to the shareholders. Period. They dont care how, just make money. Why do you think Monsanto is such a popular investment? Hardly because of their ethical policy!

    19. Re:They still exist? by nathanm · · Score: 2
      Where is that written in stone, other than in your mind? As someone who has operated his own business for the past 6 years I have switched models 3 times, in order to capitalise on changing markets, and to minimise the damage of competitors massively undercutting us.
      Is your business private or public? If public (i.e. listed for trading on a public stock exchange), there are a whole lot more laws, regulations, and obligations to both the SEC and your shareholders.

      If you look at what we started out doing, and what we do now, there is a link - but the model and technology is utterly changed.
      If Liquid Audio ever had one iota of success, and was just expanding into other, albeit related, markets, it might be feasible. Unfortunately, they've never generated any significant revenue and could never even dream of profitability.

      If Liquid Audio can MAKE MONEY it is fulfilling its obligations to the shareholders. Period. They dont care how, just make money.
      That's my point exactly. The decision isn't even up to Liquid Audio. I think their shareholders are going to vote nea on the merger, then hopefully demand liquidation. At the rate they've been burning through cash, they've got only got a few quarters before their only option is to declare bankruptcy and not return a dime of their shareholders' investments.
  6. GPL ? by Lorens · · Score: 3, Interesting


    Now there's a dotcom the other way around!

    Now, if they decide to stop and give back the money, will they release the code as GPL?

    1. Re:GPL ? by Anonymous Coward · · Score: 0

      Now, if they decide to stop and give back the money, will they release the code as GPL?

      WGAF! That's all you schmuks can think about, to bad the company went down, like Loki "Yeah they did some cool stuff to bad they went Ch11. Are they releasing the source?" With this mentality it seems as if users like you want every software company out there to die so you can hopefully get the source.

    2. Re:GPL ? by KenRH · · Score: 1
      If the source can be sold for profit (even a small one) to another software company (or idividual) it is an asset as any other and will be sold and the cash divided between the shareholders with the rest of the cash.

      Of cource you can buy the source and then relase it as GPL yourself :-)

    3. Re:GPL ? by ArthurDent · · Score: 2

      Don't you think that if they had *anything* of value that the stockholders wouldn't want to fold the company? Don't you think that code that they could sell as a product would be of great value to them? If they can't sell it, what makes you think that it would have any value under the GPL?

    4. Re:GPL ? by Lorens · · Score: 1


      Well, I worked for a company who did just that, so naturally I don't consider it too far-fetched.

      "We have this wonderful new product we want to spend all our time on, but we also have this product that has some really big maintenance-paying customers, just not enough to turn a profit. So since we don't want to pull the rug on clients that are relying on our old product, we open-source it."

    5. Re:GPL ? by liquidice5 · · Score: 1

      but I mean, really

      do we really need their code?
      It's Liquid Audio for goodness sake, it sucked and it always will suck

      We dont need more crap for GPL, besides all of parts about the code being a valuable asset and all, having the code would probably not improve your life any, and if it did, you have a sucky life.

      --

      Conscience is the inner voice that warns us somebody is looking - H.L. Mencken
    6. Re:GPL ? by Lorens · · Score: 1

      > If they can't sell it, what makes you think
      > that it would have any value under the GPL?

      Value under the GPL??

      Certainly more than it would have on a CD-ROM archive in a closet.

    7. Re:GPL ? by Anonymous Coward · · Score: 0

      Maybe by 'release it under the GPL' he meant the common usage of that phrase: 'throw it in the dumpster and let the dirty hippies dig through it.'

    8. Re:GPL ? by Schnapple · · Score: 2
      It's Liquid Audio for goodness sake, it sucked and it always will suck
      Well that and the fact that wasn't the whole gimmick with Liquid Audio was that it was this ultra-secure method to let people download/buy music in a way that it couldn't be shared or traded? Wouldn't GPL'ing remove its one selling point? I'd say the Open Source affectionados continue to throw their support behind Ogg Vorbis instead.
  7. Fairly common... by Duncan3 · · Score: 3, Insightful

    This is by no means a rare situation for publicly traded companies to be in when they have a nasty burn rate.

    If the company stays in business, they will soon be worth less, so having a cheap stock price is completely reasonable.

    The problem is the people that paid more for the stock refuse to admit the company has a stupid business model and won't give up till the cash is completely gone - which is also very common (the entire dot-com industry for example).

    --
    - Adam L. Beberg - The Cosm Project - http://www.mithral.com/
  8. The Arguement by evilviper · · Score: 5, Insightful
    The argument is that the business isn't going to work because there are too many competitors who do what Liquid Audio does but do it for free.


    "Their business model doesn't work."


    So, umm... Why did they invest in the company in the first place?
    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    1. Re:The Arguement by Anonymous Coward · · Score: 0

      How does this qualify as a Troll exactly? The anonymimity of Slashdot moderators takes another victim.

    2. Re:The Arguement by eddy · · Score: 0, Troll

      That isn't a troll! Sheeesh. This arbitrary labeling of peoples posts as 'trolls' are really irritating. Could someone please remove that particular moderation from the codebase altogether, and please also add a way for the poster to set a 'max' over which his post may not be moderated. Thanks.

      Gonna label this a 'troll' too, cowards?

      --
      Belief is the currency of delusion.
    3. Re:The Arguement by Anonymous Coward · · Score: 0

      They invested in the company in the first place so that they could do exactly what they're doing now: Trying to take over the board and distribute cash to shareholders (including themselves). If the stock is trading at a level below the cash, this is a profitable venture.

    4. Re:The Arguement by Artifex · · Score: 2

      So, umm... Why did they invest in the company in the first place?

      As an asset play, of course! That is a workable strategy, assuming you can get a majority of stockholders to force dissolution before the company eats everything up with salaries, advertising, etc.

      --
      Get off my launchpad!
    5. Re:The Arguement by Anonymous Coward · · Score: 0

      Okay dumbass, I'll bite. Because at the time, the free competition was not there. They were also fortunate to be part of the idiotic tech craze, hence the mountain of Cash.

      Stoopid is as stoopid does. -Forest Gump

  9. This is rare.... by Nakago4 · · Score: 2, Informative

    a company that has the chance to close its doors and distribute a profit, or try to merge with another company and become yet another hybrid company that will be quickly forgotten. I would think that the obvious choice would be to just dissolve the company and take the profit. They really don't offer anything unique to the market that is worth building a business on.

    1. Re:This is rare.... by bokketies · · Score: 2, Insightful

      They really don't offer anything unique to the market that is worth building a business on.

      So does the grocery shop around the corner. Yet it provides a living for the guy that owns the place. He won't get rich, but he survives.

      If only firms were allowed to participate in the economy that provide "anything unique", the whole market would be one giant monopoly.

      In fact your answer is so extremely conservative I am convinced this is a signal that the bear market is finally over.

    2. Re:This is rare.... by Anonymous Coward · · Score: 0

      a company that has the chance to close its doors and distribute a profit

      Don't mistake "having more money than the current stock rating" for "having more money than the investors put in" -- those are two entirely different things.

      Hey, I think I just found a way to make shiploads of money doing nothing ;-)

      1) Start a dotcom. Sell shares.
      2) Do nothing.
      3) Wait until stock drops to 1/100 its initial value.
      4) Buy out stockholders at double the market value. They'll be mighty pleased, won't they?
      5) Balance: pocket 98% of what they invested.

    3. Re:This is rare.... by jareds · · Score: 2

      So does the grocery shop around the corner. Yet it provides a living for the guy that owns the place. He won't get rich, but he survives.

      The difference is that the grocery store still makes a profit for its owner, even if he doesn't get rich. If he were depleting his retirement savings by spending $38 running the store for every dollar it brought in, he'd be an idiot, even if the store were providing a living for a couple of people he hired.

      Liquid Audio is providing a living for a few people, but it is doing so by wasting money that the shareholders rightfully own, providing no net benefit to society, and if the shareholders have any sense they'll liquidate the company.

  10. Just incase its slashdotted (Its slow already) by Anonymous Coward · · Score: 0

    Battle brewing at Liquid Audio over pile of cash
    By David A. Sylvester
    Mercury News

    It has all the drama of the proxy battles of the 1980s -- angry shareholders, defensive management, accusations on both sides.

    Except that what's at stake is exceptionally small. Liquid Audio, a Redwood City digital distribution company, had only $150,000 in revenue but managed to lose $5.6 million last quarter. Its main asset: A pile of cash. Its stock price Friday was $2.40.

    Liquid Audio could pay off its current liabilities and still have $77.3 million left over, or $3.41 a share, largely from the proceeds from its IPO in 1999.

    The dispute is over what to do with that cash. Three large shareholders want the management to stop spending money, shut the company down and distribute what's left. The argument is that the business isn't going to work because there are too many competitors who do what Liquid Audio does but do it for free.

    ``These are corporate raiders,'' responds Gerald Kearby, CEO and co-founder of Liquid Audio. ``In short, they bought $1 for 70 cents and now they say they ought to have their $1 back. They're not representing the interests of all the shareholders.''

    Kearby and the board have proposed a merger with the larger, private Alliance Entertainment, a company that provides the behind-the-scenes distribution of CDs, DVDs and VHS tapes for major e-tailers, such as Amazon.com. The deal would give Alliance 74 percent control of Liquid Audio. In addition, Liquid Audio proposes to buy back about half of the shares outstanding at $3 a share. Depending on how many shareholders accept the offer, they could receive $1.50 a share and retain a portion of Alliance stock.

    ``It's a lousy deal,'' says James Mitarotonda, an investor and chief executive of MM Companies, which holds 6.9 percent of Liquid Audio's stock. ``Their business model doesn't work. They have so many competitors who are now free. Nobody needs Liquid Audio.''

    Another dissident shareholder -- Steel Partners -- has offered to pay $2.75 a share to all shareholders. In letters to the Liquid Audio directors, Josh Schechter, a partner in Steel Partners, accused the company's management of ensuring their jobs more than protecting the value of the shareholders.

    ``In this day of massive corporate fraud and corporate governance that only serves to entrench bad management, it is now more imperative than ever that the Board act appropriately and demonstrate its duty of loyalty and care to shareholders,'' he wrote in June.

    Both Schechter and Mitarotonda accuse the management of primarily thinking of themselves. Kearby acknowledges that he and co-founder Robert Flynn will receive $1.5 million each over three years as part of a management contract with Alliance.

    Kearby calls the money ``not an excessive amount.''

    The whole fight will be decided Sept. 26 when the shareholders vote on the merger. Mitarotonda is proposing a new slate of board candidates and wants to replace the current board as well as Kearby and Flynn.

    But Kearby vows to fight. Once merged with Alliance, Liquid Audio can distribute not just digital audio but also products like CDs, DVDs and videotapes. As such it will become a new hybrid company.

    ``This is a very, very exciting transaction for us,'' said Kearby. ``It builds a new kind of company.''

  11. Shareholders... by AntipodesTroll · · Score: 3, Funny

    There are two extremes to shareholders. Some want to play fair and simply have a stable investment that pays some dividends regularly.

    Then there are the buy-sell-buy-sell-buy-sell idiots who just want to Make Money Fast and try to get rich quick.

    For real sense to prevail (LA's assets are, uh, liquefied :) another type of investor needs to prevail. One that realises they are a Fucked Company, and that the shareholders are better off getting their money back. (Even if it means they need to then start the investment procedure over again with their regained capital.) Unfortunatly, investors in general arent the best at educating themselves about the tech stocks they own, as history has shown.

    --
    Anyone who considers arithmetical methods of producing random numbers is, of course, in a state of sin.-John von Neumann
  12. The scoop by coryboehne · · Score: 1, Insightful

    The real problem is the fact that some of the shareholders are asking to be paid quite a bit more for their stock than they invested in it. Seems fair right?

    Wrong.

    Even though this company has enough money to do that, it's not their legal responsibility to make sure that the stock holders turn a profit, hell, it's not even their legal responsibility to turn a profit. Effectively if they give away all the money there is no company left. The company is entering into a merger that should hopefully bring stock values up, which will benefit investors in the long run. These people are just being overly aggressive towards the company, and trying to avoid the risk which is inherent in the stocks and bonds game.

    1. Re:The scoop by JanneM · · Score: 5, Insightful
      For a public company, their responsibility is to make their owners/investors happy, and those are the stockholders. If the stockholders determine they want a profit, that's what the board is obliged to do. If the stockholders only priority is to have all company assets painted light blue, the board will hire painters. The stockholders can force a stockholder meeting (or simply wait until the yearly regular one), and vote to kill off the company and divide up the assets. They could also vote away the board of directors, realign the company as a healing-crystal business or whatever.

      If a majority of votes (where the needed majority is regulated in the company charter) decides it is better to just throw in the towel than to continue, that's what will happen.

      /Janne

      --
      Trust the Computer. The Computer is your friend.
    2. Re:The scoop by dmiller · · Score: 2

      For a public company, their responsibility is to make their owners/investors happy, and those are the stockholders

      Maybe the major shareholders _are_ management. This is not unusual.

    3. Re:The scoop by mbourgon · · Score: 4, Funny

      In related news, Microsoft has decided to close its doors, saying that Linux does what it does, for free. The xxx$ billion in the bank will go to its shareholders, who have been dumb enough not to insist on dividends, despite the fact that MS has xxx$ billion in cash.

      We wish.

      --
      "Sometimes a woman is a kind of religion, she can save your soul & set you free from all your sins" - Bad Examples
    4. Re:The scoop by SlimySlimy · · Score: 1

      I disagree.

      For any company that wants to be successful in the long run, their main responsibility should be to follow their mission and vision statement, which, more often than not, is to provide or produce valuable products/services to its customers, not to its shareholders. No wonder why so many businesses fail - the money, and profit, comes from the customer/client, NOT the shareholders.

      --
      This sig provides no comical value.
    5. Re:The scoop by The+Magic+Yak · · Score: 1

      This is not entirely correct. A company is not at the mercy of the shareholders, a company is also responsible to its employees, customers and itself. Shareholders are not the end all be all, directors have tremendous say in the company. Many have posion pills, if you acquire 5%, everyone else gets double what they hold (making a takeover highly unlikely). I don't think it's extremely difficult to be a CEO, but I've never been one (although for 1.5 million I would kindly try my hand at it).

      --
      Bill, can you factor this prime number for me?
    6. Re:The scoop by Zebbers · · Score: 1

      The money to start and initialize a company come from it's shareholders NOT its customers.

      This isn't a hard concept. This isn't your frfriend forking over a 20, not expecting a return. People invest in companies knowing they will have PART OWNERSHIP. They are the owners. Management/CEOS/whatever are the EMPLOYEES(though most have stock themselves).

      It's really a simple concept.

    7. Re:The scoop by JanneM · · Score: 3, Insightful
      A company is responsible to its employees and customers to the extent of law; this also circumscribes all other ectivities of a company, of course. And if the company is noted on a public bourse, it has to comply with its regulations as well, or be kicked out.

      As for the board of directors, as I said, they are appointed by the share holders, and can in principle be deposed at any time. The CEO in turn is appointed by the directors, and can (and sometimes will) be fired for pretty much any reason. A partial reason for a high salary for a CEO is exectly this lack of any job security (though that does not cover the sometimes ludicrous salaries you sometimes hear about).

      Many company bylaws are designed to facilitate some kind of balance between the actors and the owners. It can include poison pill regulations, differential voting strength, making the directors shareholders, and what have you.

      None of this does however change the basic feature that the company ultimately is there for the benefit of its owners and nobody else. Customer relationships may be very important for a company, but then it is so because that will ultimately benefit its owners more than the reverse. Conversely, some (smaller) companies now have far reaching environmental policies that strictly speaking are not profitable for it in the short or medium term, but that have been imposed on it by its shareholders. This is perfectly acceptable.

      /Janne

      --
      Trust the Computer. The Computer is your friend.
    8. Re:The scoop by Citizen+of+Earth · · Score: 2

      The xxx$ billion in the bank will go to its shareholders, who have been dumb enough not to insist on dividends, despite the fact that MS has xxx$ billion in cash.

      But they never needed to offer dividends because their share price has always been growing like gangbusters. Except for the past few years, when it has remained flat, and the next hundred years, where it will remain flat.

    9. Re:The scoop by jasonditz · · Score: 1
      I just told my employer its not my legal responsibility to help him turn a profit.


      He seems kinda mad.

    10. Re:The scoop by Anonymous Coward · · Score: 0

      But they never needed to offer dividends because their share price has always been growing like gangbusters. Except for the past few years, when it has remained flat, and the next hundred years, where it will remain flat.

      Good analysis, but I question your (admittedly tongue-in-cheek) prediction. I suspect that sometime within the next 100 years it will dawn on people that an investment with 0% profit is not the best place to put their money. Once enough investors figure this out, prices are likely to drop.

      I also suspect that MS employees will eventually catch on that stock options aren't so valuable if the stock doesn't go up, and they'll start demanding real money instead.

  13. Liquid Audio in Japan by BJH · · Score: 3, Interesting


    Liquid Audio is infamous in Japan - it was one of the first two companies to be listed on the new Tokyo Stock Exchange "Mothers" board for venture companies; unfortunately, the relaxed listing rules allowed Japanese gangsters to get a foot in the door.

    Eventually, what happened was one of the company directors was kidnapped by the CEO(?), a rather interesting personage who was missing a chunk off one of his little fingers... for those of you familiar with Japan, that should immediately ring alarm bells ;)

    These days, they're called Cyber Music Entertainment. Their stock price peaked at around 1,590,000 yen in September 2000; these days, they trade at around 10,000 yen ...

    1. Re:Liquid Audio in Japan by seanadams.com · · Score: 2

      a rather interesting personage who was missing a chunk off one of his little fingers... for those of you familiar with Japan, that should immediately ring alarm bells

      Qua ki ser pi ni ku?

    2. Re:Liquid Audio in Japan by jx100 · · Score: 1

      Qua ki sur pi pi ki!

  14. So? by neksys · · Score: 3, Interesting

    Most of the comments I've seen so far have been along the lines of "They should just give the extra money to ..." or "Invest it in...!". Incorrect - the fact of the matter is that many, many businesses have been, and still are in the exact same position. The only way to *keep* shareholders is to show you have enough money to still give them a return on their investment even if the company goes belly up. There are three trains of thought on this: 1) make up fake revenues, a la Enron, WorldCom, etc. 2) go flat broke up forget about the people who trusted you to make then richer, or 3) ensure that the people with a vested interest in your company has a reason to stay on board. Liquid Audio (for all their faults) should be commended for their commitment to the stakeholders, even at a loss to the company - its seems to be such a rare thing with all the business improprieties on CNN. Money is the name of the game, and whether you like it or not, making investors happy is the nature of the beast.

    1. Re:So? by Anonymous Coward · · Score: 0
      ...is to show you have enough money to still give them a return on their investment...
      But that, they can't.

      The can give them more than the current stock value, but compared to what most investors paid for their stock, that's only a tiny fraction.
  15. They had revenue?! by eddy · · Score: 5, Funny

    They had $150,000 in revenue?! That's insane. What did they do, rent out part of the office?

    --
    Belief is the currency of delusion.
    1. Re:They had revenue?! by Xenopax · · Score: 4, Funny

      Ironically enough, at my old start-up I think renting out office space was 95% of our revenue. I'm serious.

    2. Re:They had revenue?! by alienmole · · Score: 2

      I was thinking they could have tripled their revenue, at least, by having one of their developers do some consulting...

    3. Re:They had revenue?! by Crusadio · · Score: 1

      It was probably interest earned on their "pile of cash".

      --

      - Crusadio

  16. Hearing a Johnny Cash song . . . by Ezubaric · · Score: 3, Interesting


    Liquid Audio has never had a big footprint. It needs to either fold or radically reinvent the purpose of the company.

    We need to move away from the Dilbertesque model of a company loosing money while it's growing but never having a plan for afterward. Unless Liquid Audio has some magic plan to emerge from its cocoon a beautiful profitable company, it will just burn money indefinitely. This cannot be good for anyone. That money should be invested in a more realistic venture.

    --

    ----------
    I am an expert in electricity. My father held the chair of applied electricity at the state prision.
    1. Re:Hearing a Johnny Cash song . . . by Anonymous Coward · · Score: 0

      I think you're thinking of Kenny Rodgers (The Gambler).

  17. They aren't going anywhere by PureCreditor · · Score: 3, Informative

    Especially they use a proprietary format. When I buy music, I wanna listen to it other than on the computer. Otherwise, might as well buy the real CD or logon Kazaa.

    And their selection is narrow. Marketing is not enough. So they're unheard to customers, unwise to computer geeks, and unliked to shareholders. It's time to give up and move on.

    Oh yea...and the so called "resurrection" of Napster is as hopeful as the Atari or NeXT.

    1. Re:They aren't going anywhere by aronc · · Score: 1

      Ummm... Stuntman, Test Drive, Unreal Tournament, and this little game called Neverwinter Nights are under the Atari label. ;)

      --

      jello.
      aka aron.
    2. Re:They aren't going anywhere by SN74S181 · · Score: 1

      I think he meant 'Amiga' and somehow 'Atari' came out by mistake.

    3. Re:They aren't going anywhere by Anonymous Coward · · Score: 0

      NeXT has been absorbed into Apple... now it's the core of Mac OS X. I think that's fairly successful.

    4. Re:They aren't going anywhere by bnenning · · Score: 1
      the so called "resurrection" of Napster is as hopeful as the Atari or NeXT


      The new version of NeXTStep seems to be doing pretty well...

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    5. Re:They aren't going anywhere by Schnapple · · Score: 2
      Ummm... Stuntman, Test Drive, Unreal Tournament, and this little game called Neverwinter Nights are under the Atari label. ;)
      Exactly, they're under the Atari label. Atari as a company is no more and hasn't been for several years now. For that matter, the main thing I liked about Atari - that it was an American company in a Japanese market (consoles) - is now gone since they're owned, as a label, by Infogrames, which is a UK company. Not that there's anything wrong with that, but its a less romantic/nostalgic notion. Still, Infogrames is reportedly considering changing their name to Atari.

      The more obvious parallel in the parent quote was the fact that Napster is doomed to be the next Amiga. Amiga of course made their line of computers for a while before going bankrupt but vowed to return their line of computers soon. After years and years of Amiga diehards waiting and hoping Amiga announced their triumphant return - in the embedded devices market.

      I agree - Napster's never going to return. Especially now that Liquid Audio is getting Liquidated (*rimshot*) and they were doing similar things.

  18. Best for shareholders by jukal · · Score: 3, Funny

    would be to change the business concept of this company and turn it into an investment company, which invests in new bubbles, and cashes in time.

    1. Re:Best for shareholders by Citizen+of+Earth · · Score: 2

      would be to change the business concept of this company and turn it into an investment company

      These investors should in vest in my personal company. I can *guarantee* that I can take $5.6M and turn it in to $150K, so there's no risk here... hell, I'll even give them $151K!

    2. Re:Best for shareholders by jsse · · Score: 1

      It's not really a joke, many .com is actually doing that.

    3. Re:Best for shareholders by jukal · · Score: 2
      Yeah, it was a not a joke. If they have cash left, and no serious hopes of good ROI based on their current business concept, why not invest the money somewhere else. What is a joke, is the moral in it.

      But, if you spend some time thinking on it, is it morally better to waste all your shareholders money just waiting and seeing the cash burn?

    4. Re:Best for shareholders by jsse · · Score: 1

      I don't understand...is it morally better to waste your shareholders money just waiting and seeing the cash burn, or realize your business model was a failure, and spend money elsewhere?

      Curiosly enough, the shareholders original invested in this company actually happy to see its change in business model(become an investment holdings) and reflect in the stock price.

      What a strange world we are living in.

    5. Re:Best for shareholders by jukal · · Score: 2

      >I don't understand... is it morally better to waste your shareholders money just waiting and seeing the cash burn, or realize your business model was a failure, and spend money elsewhere?
      well, I think it's time to conclude this discussion with a comprehensive last statement: dunno. :)

  19. Wrong -- It's called fiduciary responsibility by MyNameIsFred · · Score: 2, Interesting
    The board is required by law to act in the best interests of the shareholders. That means that they must try to make a profit.

    Now whether a specific company should close their doors is always a difficult to question, but if it is a reasonable alternative the board is required to consider it.

    1. Re:Wrong -- It's called fiduciary responsibility by the+Man+in+Black · · Score: 2

      Fiduciary responsibility mandates that the company must act in the best interests of the shareholders, true. This does not mean that they must make a profit, only that they must be TRYING to make a profit. They are not in any way obligated to ACTUALLY profit.

      Enron and all the rest, scandals over lying to stockholders about the financial viability of a company to [get them to buy|keep them from selling]. THAT goes against fiduciary responsibility.

      It's not against the law to tank in business.

    2. Re:Wrong -- It's called fiduciary responsibility by MyNameIsFred · · Score: 1

      I agree with wholeheartedly with everything you said. And that is why I used the word try in my comment. I didn't say they "must" make a profit. I said they must "try" to make a profit.

    3. Re:Wrong -- It's called fiduciary responsibility by the+Man+in+Black · · Score: 2

      Whoops....didn't even see that. Sorry about that, simple misread on my part.

  20. Upset because the world doesn't work their way. by nuggz · · Score: 2

    They bought a company (shares) at what seemed to be a good deal.
    The company isn't making money, their good deal isn't that good.
    They can't sell their shares at the value they think they're worth (stock price) they want to liquidate the company (book value)
    Someone thinks the company is worth buying, they are offering to buy it for more then the stock price.

    Sounds like a bunch of whiney shareholders who may or may not be the majority who don't quite understand how this stock market thingie works.

    1. Re:Upset because the world doesn't work their way. by Anonymous Coward · · Score: 0

      sounds like you haven't thought it through. the alternative is what, lose more money? putz.

  21. Mitarotonda == Raider of the worst sort by Anonymous Coward · · Score: 2, Interesting
    ``It's a lousy deal,'' says James Mitarotonda, an investor and chief executive of MM Companies,

    Yep, it is indeed a lousy deal for everyone but Mitarotonda and MM companies, formerly known as musicmaker.com. Remember them? They were shut down a couple of years ago around the time that Mitarotonda and his company (BGC) took control. I doubt he's thinking of anything but lining his own pockets and acquiring a large portion of that money stockpile in order to take over and shut down yet another company.

  22. The buyout stinks by cameldrv · · Score: 3, Insightful

    They are offering $3.00 per share in the buyout, less than the cash holdings of the company. They are effectively offering to buy a pile of cash for less than 90 cents on the dollar. The investors are saying "We'll just take the full $3.41, thanks." The management supports the buyout perhaps because of a sentimental attachment to the company, or perhaps because of golden parachutes they may (disclamer: I do not know this) be getting out of the 41 cents.

    1. Re:The buyout stinks by cyberlotnet · · Score: 4, Interesting

      Ok before you take the time to try to post a smart comment to gather more karma.. READ THE STORY FULLY..

      They don't only get $3.00 per share, they also get stock in the new combined company...

      So they lose .40 cents per share, for the chance to make more money in the future.. This is the reason they invested there money in the first place...

      What we have here is a couple of stock buyers scared of the current market and looking to bail out all together, And in this case try to force every other stock holder to do the same.

      If instead they would hold on to the stock and "ride the wave" They have a chance at better returns in the future.

    2. Re:The buyout stinks by Registered+Coward+v2 · · Score: 2

      No, you have a group of investors who want to get as much as possible for what they own - not an unreasonable desire. If they get the full $3.41, they can invest it in whatever they want, instead of getting less cash and shares in a non-publically traded company. They're not even getting the cash they could if the they dumped their holding at market price. They realize, no doubt, that selling for less than full liquidation value merely gives the buyer a cash infusion - and, as the saying goes, "Cash is king."

      Look at it this way - if a company wanted LA's tech, they could buy it during the liquidation - sopmething the stockholders no doubt would like because they get even more money.

      The LA stockholders are being asked to pay $1.91 for each share of A that they get - they may feel they can make a better investment elsewhere.

      Given the current valuation of LA, the wave has already swamped them and the survivors are treading water until rescue.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    3. Re:The buyout stinks by PainKilleR-CE · · Score: 1

      What we have here is a couple of stock buyers scared of the current market and looking to bail out all together, And in this case try to force every other stock holder to do the same.


      and/or stock buyers that never intended to hold stock in the company in the first place. Some of them seem to be all too aware that the company is incapable of making money in it's current incarnation, and you have to wonder why people would invest in a company that they know won't make money. Simply put, they bought into it believing they could liquidate the company for it's value before it drained all of it's cash reserves.

      Too many people, in the last few years, have bought into the market looking for a way to make money (as quickly as possible), rather than investing in companies that they believe have good business models. A solid company will give you a good return on investment in the long term, but these people came in knowing that they could buy the stock below the company's value and are simply looking to cash out before the company gets itself into a merger that leaves them holding another company's stock altogether. Sure, it's within the stockholders' rights to do this, but the reality is that those people asking for it to be done only bought the stock to make a quick profit anyway, expecting the company to either hit big or burn out fast (the first of which would have given a good return on investment when they sold out, the second of which would allow them to liquidate the company).

      --
      -PainKilleR-[CE]
    4. Re:The buyout stinks by sdowney · · Score: 1

      They don't get $3.00 share. If the deals go through they get $3.00 on half the shares they own. The others will be (apparently) converted into shares of the new merged company. Which is privately held. So the shares are not really worth much as investment.
      Face it, if the company is worth 40% more broken up than as a going concern, management is providing a huge negative value.

    5. Re:The buyout stinks by dcavanaugh · · Score: 3, Insightful

      Obviously, not everyone likes the opportunity presented in the buyout. I can understand how they would rather take their $3.41/share and seek opportunities elsewhere.

      The investors are under no obligation to support a sale/merger to a third party, and it's not hard to understand the resistance if the terms and conditions are less attractive than a flat-out liquidation. Why would the investors accept anything less than $3.41 per share, since they get that much with 0% risk???

      To me, any substitution of stock for cash would have to compensate the investors for the risk involved. As I see it, Liquid's business model is bankrupt. Nobody is going to buy that company and make any money with it, and everybody knows it. The only thing Liquid has is a pile of cash, so why sell the cash for anything less than face value?

      If I was a Liquid Audio investor (thank god I'm not), my attitude would be, "OK, I want Alliance Entertainment to pay me $3.41/share in cash. They can have 100% ownership of Liquid Audio, and can do whatever they want with it. If there is some way for them to make money with Liquid Audio, go for it. If they just want to buy a pile of cash for less than face value, then they can take a hike."

    6. Re:The buyout stinks by Alsee · · Score: 2

      If instead they would hold on to the stock and "ride the wave" They have a chance at better returns in the future.

      I agree with you 100%!

      The first thing I do when I get up in the morning to run down to the beach and surf for an hour or two. The last thing I do before going to sleep at night is count my shares of Enron.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  23. You seem to forget by Sycraft-fu · · Score: 2

    The sotck holders, quite literally, ownn the company. When you buy shares of stock you are buying a share of ownership of the company. Now most people never own many shares of a single company, much less than 1% and so their vote never really counts (they don't go to the shareholder meetings or anything). However usually there are a few investors with sizable chunks of stock. Sometimes they are company employees/founders/CEOs, but often not. Now the shareholders can hold a meeting and take a vote on what thye want done, majority rule, and it WILL be done since they own the company. Many companies never have to worry about this because someone like the founder and CEO will retain a 51% stock share and therefore have sole control, but that is not the case with Liquid. If the majority of shareholders vote to sell off all assets and liquidate the company, that is just what will happen.

    1. Re:You seem to forget by buckeyeguy · · Score: 2
      That's the way it's supposed to work, but the various corporate bungles of the early 2000's have shown that shareholders have little or no voice in the operations of modern companies. The HP-Compaq merger would have been a good example of your point that shareholders should have the power, but was the final vote count even released? HP said it was 'close'.

      In unrelated news, President Bush's lawyers say he doesn't need Congress' approval to bomb Iraq. See any parallels here? ;)

      --
      I'd have a personalized plate on my car, but "toxic bachelor" won't fit into 7 letters.
    2. Re:You seem to forget by cburley · · Score: 1
      In unrelated news, President Bush's lawyers [yahoo.com] say he doesn't need Congress' approval to bomb Iraq. See any parallels here?

      Nope, since Congress already has given the President the authority to bomb Iraq, if that's what he decides is best. (If Congress wishes to disagree, it can vote accordingly, rescinding, or whatever the proper term is, its 1991 and 2001 votes.)

      As far as HP/Compaq, I'm unaware of any prior vote of stockholders in favor of the merger.

      --
      Practice random senselessness and act kind of beautiful.
  24. Re:What about Microsoft? by fmaxwell · · Score: 1

    Why shouldn't they?

    Because it's more important to keep people employed than to further enrich Wall Street gamblers.

  25. CLOSE IT KNOW WHEN TO STOP by Anonymous Coward · · Score: 0

    is this obvious to everyone but the management? com'mon people, wake up and smell the coffee. your business model is shit. but hey, you won't, and we'll see your company on *uckedcompany.com by 2nd quarter 03 at latest.

  26. Re:What about Microsoft? by Anonymous Coward · · Score: 0

    social responsibility, right? such bullshit.

  27. Ogg Vorbis by forged · · Score: 2

    Without going into the legal details and financial aspects, what are the technical leverages that Liquid Audio claims to offer vs. free competitors such as Ogg Vorbis.

    Thanks.

    1. Re:Ogg Vorbis by mabinogi · · Score: 3, Informative

      From what I can tell, the only thing they had over things like Ogg Vorbis, and even MP3 is that they were there before those formats were as popular (or even existed in the case of vorbis).
      Their main competitor was Real, but Real were interested in low bitrate streaming, and Liquid were interested in digital distribution of high quality music.

      Then along came MP3, and people got free (if not necesarily legal) distribution of acceptable quality music, and so Liquid became irrelevant.

      Real survives because there's still a market for live streaming audio technology.

      --
      Advanced users are users too!
    2. Re:Ogg Vorbis by Neon+Spiral+Injector · · Score: 5, Informative

      The Liquid Audio files are fully Digital Rights Managed, I have one on my harddisk that I can no longer listen to, caues something changed on my computer.

      The song sucked anyway, but the ammount of hassle it took to get the player installed (along with some funky sound card drivers (I think they are installed to try to keep listeners from playing to the harddisk instead of speakers) was increadable.

      I'll never get another song in that format.

    3. Re:Ogg Vorbis by Artifex · · Score: 5, Informative

      what are the technical leverages that Liquid Audio claims to offer vs. free competitors such as Ogg Vorbis

      Pretty much just DRM, which means the music industry was happy to use it in promos for new releases, etc.

      --
      Get off my launchpad!
  28. Re:What about Microsoft? by fmaxwell · · Score: 2

    social responsibility, right? such bullshit.

    Thanks for clarifying that looking out for dedicated employees and being socially responsible is "such bullshit." It's like those damned do-gooders who get mad when tobacco companies advertise to kids, isn't it? Don't they realize that getting kids hooked on cigarettes, even if many die from cancer, is a small price to pay in order to enrich investors in RJ Reynolds? Damn social responsibility.

  29. Learn, THEN comment! by NDPTAL85 · · Score: 1

    Shareholders own the company. They have the right to tell it to do whatever the fuck they want it to do. If that means shutting down and divesting itself of all cash to send back to the shareholders then thats simply what the company has to do. It has nothing to do with them not knowing anything about the stock market. It is not unheard of for a company to shut down before it burns thru its capital if the management is smart enough to realize there's no chance in hell of making any money. It sounds like YOU are the one who knows nothing about the stock market.

    --
    Mac OS X and Windows XP working side by side to fight back the night.
  30. Talk about Nerve by mbone · · Score: 4, Insightful

    Let's see -

    The CEO is making $ 500K per year.

    Another co-founder is also making $500K per year.

    All of this on revenue of $600 K per year.

    And they say that shutting it down would ''...not represent[] the interests of all the shareholders.''

    Do the words "bloated" come to mind ?

    How about nervey ?

    How about stupid ?

    In my opinion much of the dot-com money was "value-subtracting," in that they took good money and did stupid things. Enough people did this that it poisoned the ability of real businesses to make real money, because the marketplace was conditioned to assume that things that cost money actually should be free.

    I cannot think of a much better example of a value-subtracting business than Liquid Audio.

    Shut it down.

    1. Re:Talk about Nerve by tybalt44 · · Score: 1

      Yup, bloated and stupid certainly do spring vividly from between the lines.

      Essentially, though, this shows the incredible power of corporate management. This is a company who are hemorrhaging $37 for every dollar they earn in *gross* revenue, and show no reasonable prospects of ever being profitable again... and instead of stepping aside and closing up shop, management, in return for a kickback of $3 million, want to sell the shareholders' investment at a 50% discount instead of giving it back to the shareholders.

      The fact that there is even a battle about this shows how easily led most shareholders are and how antagonistic modern management can be to the owners' interests.

      For all the talk about the shareholders wanting to liquidate being "corporate raiders", it seems that they, at least, are willing to face reality. There's no reason why Alliance can't buy any assets of Liquid Audio they want... in an auction, and then instead of forcing all the owners into a business they might not want to be a part of, they can choose whether they want to back that particular pony with their takings. I'm betting most of them wouldn't want to touch it with a ten-foot pole.

      All a merger does is force everyone's hand into investing a "new kind of company".

  31. Department by p3d0 · · Score: 1
    from the well-yeah dept.
    Aw, come on Chris, but some effort into it.
    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
  32. Which Shareholders by nuggz · · Score: 2

    Glad you resorted to profanity, makes you seem intelligent.
    A few points.
    The article doesn't explain if a majority of shareholders want to liquidate or not.
    Book value is not cash on hand, there may be illiquid assets, or debts that would reduce cash.
    The company is only worth what someone will pay for it. They bought, by their own admission, a dead end business.
    Many companies trade below their available cash on hand, this is normal for many companies. Being able to exploit their non cash assets later may provide a greater return rather then shutting down now.

    1. Re:Which Shareholders by Anonymous Coward · · Score: 0

      Give me a break. Let's look at this one.

      > Glad you resorted to profanity, makes you seem intelligent.
      > A few points.
      > The article doesn't explain if a majority of shareholders want to liquidate or not.

      One point for you.

      > Book value is not cash on hand, there may be illiquid assets, or debts that would reduce cash.

      From the article:
      Liquid Audio could pay off its current liabilities and still have $77.3 million left over, or $3.41 a share, largely from the proceeds from its IPO in 1999.
      No points for you on this one.

      > The company is only worth what someone will pay for it. They bought, by their own admission, a dead end business.

      A Company is worth the greater of what someone will pay for it or the value of it's liquidated assets. Also, I hope you aren't suggesting that they shouldn't try to recover any value (or in this case, a profit) from their dead end investment.
      No points again.

      > Many companies trade below their available cash on hand, this is normal for many companies. Being able to exploit their non cash assets later may provide a greater return rather then shutting down now.

      It is not uncommon for businesses who have a viable business plans but we aren't discussing one of them here, are we. The shareholders in this case would be better off taking their money back and putting it in a freaking checking account.
      Can't give any points on that one, sorry.

      Your score: 1/4

      Maybe you should have used some profanity.

  33. Simple. by Andy+Dodd · · Score: 2

    Microsoft's cash pile is growing (at an obscene rate I might add)

    Liquid Audio's is shrinking at an even more obscene rate.

    --
    retrorocket.o not found, launch anyway?
    1. Re:Simple. by Anonymous Coward · · Score: 0

      [Ehm, can anyone tell me what M$ bashing thread number 67548 is doing in a discussion about LA? Pleas mod this and all its ancestors "off topic", but start with the ancestors ;-)]

      Microsoft's cash pile is growing

      Is it?

      I'm seeing a number of symptoms that they're doing everything they can imagine to grab more cash from the same customers, even at the risk of chasing them off. I wonder if that's an effort to make the pile grow, or to keep it from shrinking.

      For example: new licensing terms, "cheaper" in the commercial talk, but everyone will pay more.

      Another example: new versions follow each other faster and faster. Current software can never reach the uptime levels of unix systems anymore, because version lifetime has become shorter than that. In a couple of years, everybody must be upgrading his OS twice a year. Windows <year> doesn't exist anymore, because they saw the necessity to change to Windows <year.month> coming up around the corner.

      Example three: MSDN subscriptions. Every Pro subscriber now finds a Visual Studio license thrown in for free, but at the same time the subscription price (per year) went up by almost the cost of that license -- they're not only catching that amount every year now, but can someone please find me an existing MSDN subscriber who didn't already have compiler and tools?
      At the same time, DVD subscriptions were reorganized so they have to manufacture and ship less CD's for the same content, and for the user they're becoming large unorganized garbage piles where it's a chore to find out on which disc the thing you're looking for is located.

      After all, they can't keep getting revenue from expanding their market share - full is full, and they're getting pretty damn close to saturation, at a time when hardware sales (i.e. new licenses) also drop.

  34. Re:What about Microsoft? by PainKilleR-CE · · Score: 1

    Thanks for clarifying that looking out for dedicated employees and being socially responsible is "such bullshit." It's like those damned do-gooders who get mad when tobacco companies advertise to kids, isn't it? Don't they realize that getting kids hooked on cigarettes, even if many die from cancer, is a small price to pay in order to enrich investors in RJ Reynolds? Damn social responsibility.


    The real question when it comes to the 'do-gooders' getting mad at the tobacco companies is why aren't they also going after the companies advertising alcohol in the same places, with the same target audience? The simple fact is that they're being oppurtunistic. The tobacco companies make more money and are more consolidated, and are easier to target because fewer people smoke than drink. Tobacco gets heavier taxes and smoking gets banned from more and more places while alcohol kills more people and becomes less restricted (after all, they can advertise hard alcohol on TV again).

    Stockholders that buy into a company that isn't likely to turn a profit are in the same position as people that work in bars and expect not to be exposed to cigarette smoke. Intelligent people don't do it, the rest bitch about it when they do it.

    --
    -PainKilleR-[CE]
  35. I think I've heard this before by Xthlc · · Score: 1

    > 'In this day of massive corporate fraud and corporate governance that only serves to entrench
    > bad management, it is now more imperative than ever that the Board act appropriately and
    > demonstrate its duty of loyalty and care to shareholders,' [Josh Schechter, a partner in
    > Steel Partners] wrote in June."


    "When honor is lost, it is relief to die; Death is but a sure retreat from infamy.
    Your duty to Lord Josh is clear, Gerald-san -- take your key to Heaven and Hell
    and open the path to honor. That is the way of the samurai; that is the way of bushido."

  36. Falls under the category of... by alienmole · · Score: 3, Funny

    ..."it seemed like a good idea at the time!"

    1. Re:Falls under the category of... by evilviper · · Score: 2

      lol. Thanks. Needed a good laugh.

      I think it runs under the category of the 'greedy idiot' syndrome. Ooooohhhh. Look at this one. It says 'internet', 'multimedia', and 'secure'. "BUY, BUY! BUY NOW!

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  37. Well yeah, they're better off dead... by Anonymous Coward · · Score: 0

    It's just like a corrupt CEO or politician. They're better off dead! Shit, at least you can make some diamonds out of them. Personally, I'd rather a phat ass diamond earring made out of a corrupt bastard. I'll be rocking that mofo like Chris Tucker in Money Talks.. :)

  38. Bicycles by Jesus+IS+the+Devil · · Score: 1

    Is it just me or are these guys trying to design a faster bicycle when cars have already been invented?

    If the RIAA can't even challenge P2P what makes Liquid Audio think THEY can??!!

    Sell baby SELL!

    --

    eTrade SUCKS
  39. Let them die by Anonymous Coward · · Score: 0

    LA was interesting long ago. Then MS got involved with them. They stopped porting to anything except MS where they cannot compete due to MS's dominence. They have no long term vision. Let them die.

  40. Liquidity by catfood · · Score: 3, Funny

    With all the cash holdings, you don't have to ask why they called themselves "Liquid."

  41. Re:What about Microsoft? by Artifex · · Score: 2

    Because it's more important to keep people employed than to further enrich Wall Street gamblers.

    It's also important to keep people employed gainfully, and grow the market (add jobs), by using resources as efficiently as you can. If you throw a thousand people out of work at one company when you dissolve it, but then take the money and invest it so that fifteen hundred people have jobs, are you still a bad guy?

    --
    Get off my launchpad!
  42. Too bad by Winterblink · · Score: 1

    Interesting format. Too bad they came into the market at just about the worst possible time -- right when everyone else was either releasing a new audio codec or shuffling for position to be the leader in the pack.

    --
    "I'm a leaf on the wind. Watch how I soar."
    -Hoban Washburn
  43. It is entirely correct by puckhead · · Score: 1

    A corporation is owned by the shareholders and operated for their benefit. The board is has no other obligations except to operate legally.

    And that, BTW, is how it should be.

    --
    Watching Cowboy Bebop in my jammies, eating a bowl of Shreddies.
  44. And the loss would matter because??? by supabeast! · · Score: 2, Insightful

    Liquid Audio = Another proprietary audio format, and this one doesn't even have a big company like MSFT backing it... don't let the door hit ya, guys.

  45. Figures (30 June) and Cash return (15 July) by mirnav · · Score: 3, Insightful
    Most of it would be invested in short term easily convertable assets. (bank accounts, T-bills)

    Liquid Audio has USD 81 mn in cash and equivalents as at 30 June 2002. We should see significant financial income in the Income Statement for the period, but there is only USD 318,000 "Interest and Other Income (net)", which is about 0.4% of USD 81 mn, a funny little return on the cash reserves of the company, even at today's interest rates.

    So it looks like the boss is not doing a good job even of money management.

    On the other hand, it looks like Liquid Audio IS preparing to give back USD 30 mn cash to its shareholders - their merger agreement with Alliance Entertainment has been amended (15 July 2002) to include this cash return. Check out: http://biz.yahoo.com/bw/020814/140345_1.html

  46. Does anyone see the irony in by Anonymous Coward · · Score: 0

    Liquid Audio being liquidated?

  47. Stelios might not be the best example by mirnav · · Score: 1
    ... because he is very different from your average CEO - he is young, already rich from his family even before he put together EasyJet, richer now obviously, and is a little bored from easyJet, eager for some more fun elsewhere.

    Your average professional company management is a little more desperate than that.

    By the way, I know Stelios and so this is not really the BS you think it is...

    1. Re:Stelios might not be the best example by squaretorus · · Score: 2

      average professional company management is a little more

      Well. Yes. Average people get poor to average results. You need TALENT to make capital dance.

      So Stelios had family money. So Michael Dell had family money. So Richard Branson and a dozen others all had family moneey. WGAF. Thousands of better educated, richer people with better looks and bigger willies have started companies that bombed in a year.

      And if Stelios told you he left because he was bored, and that it had nothing to do with shareholder confidence... he's a big fat liar!
      Cinema?!? Cinema!!! You can bet a pund to a pinch of shit he'd rather run an airline than a cinema!

      'did you enjoy your flight to nice?'
      'did you enjoy spy kids 2'

  48. Blender by dark-nl · · Score: 1

    This is exactly what the Blender Foundation is doing with Blender 3D. They're raising funds to buy the Blender sources in order to publish them under the GPL.

  49. Re:What about Microsoft? by bitchx · · Score: 2

    Microsoft Market Cap ~ $284BN
    Microsoft Cash&Marketable Securities on Balance Sheet ~ $38BN

    You figure it out.

    --

    I'm the best IRC client ever.
  50. Here's your chill pill by mirnav · · Score: 1
    Calm down, man... Jeez.

    All I am saying is that leaving the high corporate position (i.e. doing the right thing) is much easier for Stelios than these desperate "managers" in Liquid Audio. That is how and why he could do it and most other managers do not.

  51. Keeping the stock prices up. by Andy+Dodd · · Score: 2

    Even if you're profitable, stockholders will only be happy if you're growing. (And growing fast)

    I'm sure MS's cash flow is positive. In fact, I'm sure MS could take a LOT of market hits before its cashflow ever goes negative. While MS can sometimes be a little slow to adapt (Internet, for example), unlike the RIAA, they DO know how to adapt to a changing market and adapt well. Even if the market is close to saturation and MS's growth slows to a standstill, I don't see them hitting a money-losing situation for years, even of Linux continues its near-explosive growth in market share.

    But it's possibly for a company to grow 20% in a year and STILL get slammed by stockholders. (Lucent was in this boat - 20% growth just wasn't good enough when Nortel, JDSU, Corning, and all the other guys in the optical industry grew 30-40%. Ignore the fact that a year after that optical networking crashed and now almost all of the aforementioned companies are in dire straits.)

    LA is completely different... They have negative cash flow and no hope for it to ever go positive. They should quite while they're ahead.

    --
    retrorocket.o not found, launch anyway?
    1. Re:Keeping the stock prices up. by Anonymous Coward · · Score: 0

      Which is exactly why I bought stock in them.

      I mean, the technology has a future and all the companies lost significant stock value. Perfect to recoup it in 5-10 years.

  52. Are you sure about those prices? by Inoshiro · · Score: 2

    I mean, dotcom companies can be funny, but 1,590,000 yen is $20,670 CDN, or about $13,022 US per share. LNUX didn't go that high. It seems a little funny.

    10,000 yen is about $130 CDN, or about $82 US per share. At that price they must be doing something right, right?

    --
    --
    Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
    1. Re:Are you sure about those prices? by BJH · · Score: 1

      Hi, Inoshiro... yes, I'm sure - take a look at this if you don't believe me ;)
      (Obviously, that peak didn't last very long, but they did hit it - and after a 3:1 stock split, to boot!)

  53. Re:What about Microsoft? by jasonditz · · Score: 1

    Yeah, imagine the owners of a business wanting to make a profit on that business. We all know its real purpose is to provide fun jobs.

  54. Re:What about Microsoft? by fmaxwell · · Score: 2

    The real question when it comes to the 'do-gooders' getting mad at the tobacco companies is why aren't they also going after the companies advertising alcohol in the same places, with the same target audience?

    A simple explanation: Alcohol is not addictive (except to a small percentage who are alcoholic). Think how many kids you knew that took up drinking before turning 18. Do they all need to have multiple drinks per day now? Do they have to go outside their office building to drink every hour or so?

    Tobacco gets heavier taxes and smoking gets banned from more and more places while alcohol kills more people

    I can't believe that alcohol kills more people. There are some spectacular deaths when a drunk driver causes a major auto accident, but consider how many people die of lung cancer, emphysema, strokes, and heart disease from smoking.

  55. a good idea that nobody wants by arbofnot · · Score: 1

    Liquid Audio has offered for a long time what the major labels want to do with music on the 'net. The codec sounds alright, they have a flexible DRM scheme, it's not too terribly difficult to recover a license, etc. But consumers do not want what they are offering, because they do not want a restricted format. You would think the major labels would take a lesson from this.

    1. Re:a good idea that nobody wants by Da+VinMan · · Score: 3, Interesting

      You would think the major labels would take a lesson from this.

      They will take a lesson from it. It just won't be the lesson you expect. Instead of saying something like "This restricted format stuff just doesn't work", they'll say something like "Piracy is killing us".

      --
      Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
  56. Any and or all. by NDPTAL85 · · Score: 1

    I'm glad you buy into the whole "if you use profanity you must be stupid" line of thinking. It proves YOU are the one truly lacking in intelligence.

    Considering the market for online music sales, it is highly unlikely that continuing as an operating concern will lead to greater returns in the future. It would be best for the company to give back the money now while it is still possible to do so.

    I am also in full favor of smarter investors taking advantage of their idioitically stubborn counterparts who may not see the wisdom in closing up shop now.

    --
    Mac OS X and Windows XP working side by side to fight back the night.
  57. Shareholder Structure of Liquid Audio by mirnav · · Score: 1
    Yahoo Finance says that Liquid Audio's management and 5%+ shareholders own 16% of the company's total shares. That is not much.

    As I said in another post above, Liquid Audio has already decided on a USD 30 mn cash payback to its shareholders. Management's inadequate ownership of the company is probably why.

  58. Profit, what else? by fm6 · · Score: 2
    So, umm... Why did they invest in the company in the first place?
    To make a buck, of course. That's the only reason anybody buys stock. It's just the these stockholders see liquidating the company as a more likely way to make a profit than trying to fix the company.

    This is an extreme case, but this problem is not unusual. Publically-held companies are always jumping through hoops to make their stockholders happy, and more often than not that means doing things that actually work against the long term growth of the company. Or, in this case, the short term growth!

    1. Re:Profit, what else? by Fred+Ferrigno · · Score: 1

      I don't get it. I buy stock at $5/share, stock goes down $2/share, company liquidates and returns my money for $3/share. How does that make me money?

  59. Same as MusicMaker.com by tstiehm · · Score: 1

    This is the same thing that happened to MusicMaker.com and the MM Investment group, the people calling for the return of the money are the people that made MusicMaker.com close it's doors. The money they had left from closing MusicMaker.com went into Liquid Audio for a repeat of the business model.

    I can say this for them, they did finally find a way to make some money from a .com, by picking the bones.

    As a note, I used to be a MusicMaker.com employee but left many months before it closed it's doors.

  60. Re:What about Microsoft? by Vuarnet · · Score: 2

    >>Tobacco gets heavier taxes and smoking gets banned from more and more places while alcohol kills more people
    >I can't believe that alcohol kills more people. There are some spectacular deaths when a drunk driver causes a major auto accident, but consider how many people die of lung cancer, emphysema, strokes, and heart disease from smoking.

    Here's the deal: smoking gets banned because you are damaging other people's health when you are enjoying your legally acceptable cigar. Right now there's nothing illegal about smoking tobacco per se, but the Guv'ment is trying to prevent other people getting sick because of your secondary smoke.

    On the other hand, alcohol isn't illegal to consume, either (unless you're a minor, of course), but it is against the law to drive while under the influence of alcohol. I guess people don't care much if I get all liquored up, get in my car, and drive off a bridge... hey, it's evolution in action, right? But people DO care if I crash right into a minivan full of soccer moms and kids.

    So what's the difference? People have _known_ forever that drinking gets you stupid, irrational, and causes you to see people of the other sex as being hotter than they actually are. But people didn't know that smoking could kill you, and not only you, but the people around you; meanwhile, the tobacco companies have done their utmost to hide that kind of information from the consumers.

    Besides, I agree with fmaxwell: alcohol in small to normal quantities is not addictive. Tobacco is. There's the difference.

    --
    Tongue-tied and twisted, just an earth-bound misfit, I
    Learning to fly, Pink Floyd.
  61. No dice by yerricde · · Score: 2

    Now, if they decide to stop and give back the money, will they release the code as GPL?

    If I remember correctly, the Liquid Audio codec was an implementation of the MPEG-2/MPEG-4 AAC codec developed by Fraunhofer. Unlike the company that makes RTLinux, I don't think Fraunhofer will easily cough up a license to use its patents for software licensed under the GNU GPL.

    --
    Will I retire or break 10K?
  62. prefer fees for wasting money by DABANSHEE · · Score: 2

    lets be honest directors want to drag this out till there isn't one sent left

    As they want to suck out their cut from every cent spent.

  63. wants wrong with a real business by DABANSHEE · · Score: 2

    People have cottoned on to the fact that web businesses are just thin-air scams, even if the people involved are still conning themselves.

  64. If only it was Real Audio instead... by illerd · · Score: 2, Insightful

    That would be the day.

  65. Talent May Well Be Overrated by namespan · · Score: 2

    There is some indication that talent is overrated.

    --
    Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
  66. Yeah, piss it all away. by Mulletproof · · Score: 4, Insightful

    My God, people, don't you realize the ace in the hole this company has? 90% of the dotcom's out there would kill for the hard capital this company has. In fact, it's the entire reason the .com bust happened-- All these companmies were venture capitaled to the hilt without any real assets of there own. When they hit the wall, they hurt their investors... Bad. Hell, after umpteen years of existance Amazon.com has only recently posted in the black. And don't think Bezos wasn't sweating bullets every day until that point, because if confindence for one minute faded in his ability, he was so far in the debt hole not even confidence could escape. Not your debt or my debt, but high millions debt. And that's not counting how he had to deal with his workforce (damn near 80% temps-- Hire em, fire em, hire em fire em...) to finally get above water. But for Liquid Audio to actually have assets... Unless the their problems were seriously irrecoverable, that's a major advantage to just piss away. I guess it's all about money now as opposed to long term success. Why not.

    --
    You need a FREE iPod Nano
    1. Re:Yeah, piss it all away. by rweir · · Score: 1

      Uh...y'know, they may have a pile of money, but they still don't have a product people want.

      LA: "Uh, hello, would you like to buy music in an encrypted format that will only play on one machine and can be revoked at any time"

      User: "You want me to pay for music in an incompatible format, that won't play on my friends computer and that you can take away whenever you feel like it. Yeah, I'll get right on that, once I finish this download from Kazaa"

  67. Re:What about Microsoft? by PainKilleR-CE · · Score: 1

    A simple explanation: Alcohol is not addictive (except to a small percentage who are alcoholic). Think how many kids you knew that took up drinking before turning 18. Do they all need to have multiple drinks per day now? Do they have to go outside their office building to drink every hour or so?

    I think you meant to say 'Alcohol is not AS addictive'. There's also quite a difference between the most common levels of alcoholism and the far extreem of 'needs a drink to get up in the morning and go to sleep at nite'. Everyone I knew as a teenager (myself included) took up drinking well before 18. Most of them didn't know what to do if they had idle time and were sober (and most of them used drugs eventually, which may have been better or worse depending on the drugs). Of course, I don't know most of them any longer, either, as most of them dropped out of school and I disassociated myself from many of them in order to keep myself from having problems with drugs & alcohol.

    I can't believe that alcohol kills more people. There are some spectacular deaths when a drunk driver causes a major auto accident, but consider how many people die of lung cancer, emphysema, strokes, and heart disease from smoking.

    Over half of all deaths (in the US) for people over 45 are from heart failure and cancer. Heart failure can be linked to smoking, drinking, eating habits, stress, or other causes. Cancer can be linked the same way, though the particular form of cancer is the best indicator (liver/stomach cancer is most common for alcoholics, lung/throat/oral cancer is most common for tobacco users, either one can have other causes as well, and medical ethics prevent scientific studies to prove the correlation as a causal effect).

    The leading cause of death for people under 45 is accidents and adverse effects resulting from the accidents. Of all the causes of death due to accidents, the leading cause is motor vehicle accidents.

    19,171 persons died in 1999 from alcohol-induced causes, which excludes homicides, accidents, and other causes indirectly related to alcohol use, and also excludes fetal alcohol syndrome. 19,102 persons died of drug-induced causes, which includes poisoning from medically prescribed drugs as well as dependent and nondependent use of drugs, but does not include accidents, homicides, or other causes indirectly related to drug use, or newborn deaths related to mother's drug use. 28,874 persons died from firearm injuries, which includes firearms-related suicide and homicide. Tobacco and related diseases are not ranked, because all causes of death termed 'tobacco-related' can be caused by other things, including (but not limited to) industrial pollution (respiratory disorders) and alcohol consumption (cardiovascular disease). Tobacco use leads to lower life-expectancy and higher risk of several types of diseases and forms of cancer, but this is based on the fact that these types of deaths are more common among smokers, and in any particular instance it is almost impossible to determine whether smoking was indeed the cause of the problem, or if it simply lead to a weakening of the system which made the disease more likely to occur (HIV is very similar in this respect, though the presence of HIV is detectable).

    The three leading causes of death for 15-24 year olds are automobile crashes, homicides, and suicides. Alcohol is considered a leading factor in all 3. Almost 1/4 of all fatal traffic accidents are alcohol related (on a side note, in 1/5th to 1/4th of all automobile collisions the driver was using a cell phone without a hands-free device while driving). In single-vehicle fatal crashes on weekend nites, 66% of the drivers over 25 were intoxicated, 56% of the drivers under 25 were intoxicated.

    Another nice little statistic I noticed was that there are no recorded deaths from marijuana, though studies for the (adverse) health effects of marijuana are usually cited as problematic at best, due to the high rates of tobacco and alcohol use amongst users of marijuana.

    As far as the claim that tobacco is more addictive than alcohol, it's completely possible, although the reason is probably not due to physical properties of either alcohol or tobacco. It's far more likely that people see direct effects of alcoholism (hangovers which are the result of withdrawal from alcohol, the varied effects of the body's rejection of alcohol when over-consumption occurs (including vomiting and blackouts), and the normal effects of both consumption and over-consumption of alcohol including impaired judgment and motor skills) which make it easier for them to drink less often and even stop drinking altogether (in other words seeing the immediate effects of drinking makes it easier to break the psychological addiction). Whereas with tobacco the most common short-term adverse effects such as irratability and tension caused by withdrawal from tobacco (which in most moderate users occurs approximately 1 hour after use) are commonly linked in the smoker's mind with not smoking rather than with the tobacco itself. Consuming more alcohol will get rid of most hangover affects as well, but the affects of drinking usually stop most people from doing so (and the hangover is more closely associated with the alcohol consumption by the user than withdrawal effects of tobacco are associated with the tobacco). Hangovers also require higher levels of consumption than the withdrawal effects of tobacco, and usually take longer to set in (because alcohol takes longer to pass through the system). Withdrawal effects of tobacco seem to be most closely related to drugs like cocaine, heroin, and amphetamines, where the most commonly reported symptoms of early withdrawal are cravings for more of the drug and changes in emotional state. Most people also feel that they are 'back to normal' much more quickly after they stop drinking than after they stop smoking.

    The most common reason that people I know cite for continuing to use tobacco is 'it keeps them from killing someone', in other words, they associate not smoking with the withdrawal effect, although many also state that their first experiences with smoking caused a noticable relaxed state. Of course, most of the people I know that continue to smoke were also exposed to second-hand smoke from their parent(s) most of their lives before they started smoking. Most of the people I know that have successfully (at least to date) stopped smoking replaced the addiction with another form of addiction, whether it be constant snacking, increased intake of caffeine (possibly an even more addictive substance than either alcohol or tobacco) or something more healthy (one person in particular spends an excessive amount of time in the gym on a daily basis).

    --
    -PainKilleR-[CE]
  68. If they're still in business... by Andy+Dodd · · Score: 2

    If they go out of business you're screwed...

    Things in the industry are that bad.

    Doesn't help that a lot of their customers (KPNQwest, Worldcom) are going under.

    --
    retrorocket.o not found, launch anyway?
  69. That's not how business's work by MasteroftheVoxel · · Score: 1

    The management of a company is typically NOT on the board. Even the founders with big equity stakes often don't get a seat on board. What the board should do is oust the CEO and if they can't, they should fire the dissenting opinions on the board and reform and dissolve the company.

    It comes down to board seats and votes and if they are like any other startup company the investors have a majority of the seats.

  70. They'll shut it down... by deblau · · Score: 2

    or they're fools. Money is only as good as those who wield it. $150K in and $5.6M out: the money is talking, and it's saying "These guys don't know how to treat me right, I'm going somewhere else". They should shut down immediately, and take what they can, or they aren't the greedy bastards they should be.

    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.
  71. Don't worry by EggplantMan · · Score: 1

    It was probably just an accounting error.

    --

    ?-|||-----x<*))))><
  72. Wrong logic by fm6 · · Score: 2
    Investors (at least those who know what they're doing) do fixate on what they paid for a stock. If you've got 10,000 shares priced at $2 each, you've got $20,000 worth of shares. It simply doesn't matter how much you paid for it.

    Maybe you took a loss buying those shares, or maybe somebody else took the loss and sold them to you for $2 a share. Either way, it just doesn't matter. What you care about now is turning your $20,000 into $30,000. The usual way for that to happen is wait for the company to grow. But if you know your share of the company's liquidation would be $30,000, you have every incentive to liquidate -- especially if the company is likely to burn through its assets, making your shares worthless.

  73. All the $ will be used up with Lawyers fees by hashish · · Score: 0

    All the $ will be used up with Lawyers fees fighting this, mark my words.

  74. Japanese stock market works differently by achurch · · Score: 2

    In general, prices of Japanese stocks are higher than what you'd see in the U.S. (at least; it sounds like Canada is similar), with fewer shares of stock per company. For instance, Yahoo Japan made news here two or three years ago when it hit 100 million yen (about US$950,000 at contemporary exchange rates) per share, but that was divided among just 10,000 or so shares IIRC.

  75. And the answer is... by rweir · · Score: 0

    Fuck Yes!

  76. An insider's view... by Anonymous Coward · · Score: 0

    I worked for Liquid Audio for several years and can give a bit of insider perspective about why Liquid Audio failed.

    LA was founded by a guy called Gerry Kerby a music indistry vetran (Grateful Dead, etc.) that had the necessary personality, savvy, etc. to weasel lots of money out of VC firms (like Hummer-Windblad). He managed to convince them that online music distribution would be huge (true, but not in the way he concieved) and that Liquid Audio would be there first (also true, LA was one of the very fist companies selling music online). So he got his money, hired some engineers, and started designing his system. Then he started talking to the Big 5 record labels.

    It was my understanding that initially, they were enthusiastic and were interested in something similar to .MP3 but with better sound quality and "enhanced" features (like album art, lyrics, etc.) All lies. What they really wanted was a pay-per-play, uncopyable, unmovable, system that sold complete albums or possibly "mix" albums at $30 a pop (that's not a typo, $30). LA realized this was impossible but did their best to play along.

    Meanwhile development continued on the LA system which was rapidly developing into a heavy-duty high-quality streaming music system (it blew away Real and pretty much everything else until Windows Media v4). It was based on AAC and Dolby Digital, widely recogniced for their audio fidelity and included a primitive watermarking system (the only one available at the time) and the player had the ability to convert compressed tracks to .WAV files (for burning to CD or whatever). It also had built in copy-control and, nonexistant at that time, purchasing options so you could click a button in the player and have the track added to a shopping cart/purchased outright (it was scriptable using Perl, VB, or whatever).

    All of these features made it very attractive to COMMERCIAL music vendors (ad jingles and such) who wanted a better way to distribute their music rather than mailing people CDs. The watermarking allowed them to protect their music for illegal use, etc. It was a good fit and the system worked well. Early on, the commercial vendors using LA started making money (not hard at $200 a track). Their customers liked the system, didn't mind that it was proprietary because they could convert to .WAV, and it was easier that what the'd been doing.

    Liquid Audio was well on it's way to becoming a leader in commercial music distribution. However, this was not part of the Grad Vision of Gerry Kearby and the board because they wanted to build a huge, billion dollar business and they just weren't going to do that with the modest money they could make on commercial music.

    So they ditched the commercial music side and desperately tried to woo the Big 5 labels. LA simply refused to recognize that THE MUSIC CARTEL IS NOT INTERESTED IN ONLINE MUSIC IN ANY WAY, SHAPE, OR FORM. Period. They (rightly) see music downloads, particularly single song downloads at any reasonable price (less that $5), as a threat to their CD album sales. In order to adopt an online system LA had to convince the labels that it would make them MORE money. This was perhaps only possible with pay-per-play and LA knew consumers would NEVER adopt a pay-for-play system (witness the success for Divx).

    So LA was doomed. Their model can't succeed because it depends on Big 5 support in a BIG way, which isn't going to happen. Don't kid yourself, Pressplay, etc. are also going to fail miserably.

    The managment is well aware of this. The only senior exec who tried to point this out (the CFO) was fired for stating the obvious. Management is looking to bleed the company dry (lots of "friends" working at Liquid Audio) and get out with golden parachutes. The proposed merger is a desperate attempt to fend off the (justifiably upset) shareholders.