Footnote 2 - *That is the conventional definition of a bundle, sold at a discount. But in THIS instance, they took my good RE Website and made their Bundle More attractive, RAISED RATES, and then hid 90% of the revenues around this "cost of print" garbage!.
Self. To the left the court ruled that CCT couldn't have withheld this unfair Bundling plan from me in 2002, because CCT provided sworn evidence to the court that they had not conceived of Bundling until 2003, after the October 31, 2002 sale.
Which is why My Appellant Reply Brief lists CCT's own document, showing Cape Cod Times, counting Bundles, in 2002, using that 90%/10% revenue model that ensures that 90% of the funds will go to print, withheld from me.
This
document CLEARLY establishes CCT Had conceived of Bundling plan prior to
the sale.
But as I point out to the Appeals Court in my Reply Brief: "CCTimes Brief p33: FRAUD ALERT: CCTIMES says they attributed 10% of the Cape at Home Bundle towards Fontaine’s revenue share - “because such a percentage approximated revenue that could be attributed to internet advertising”. BUT CCTimes has already said that the 90% was based on the cost of print, not due to its value in the sale. And the court agreed. So now CCTimes has BOTH sides of the story."
So they've given the court two different answers as to how and why they diverted 90% of the revenues away from me. This becomes a moot point, of course, once we realize that this 90% diversion was part of a projected plan they set out in writing in 2002, while negotiating with me.
That's a pretty good business
model, hide the fact you plan to hide the money. As if ANYONE would have
sold to them under those terms, had they been disclosed!
PAGE 8
Self, to the left..The court continues to repeat the conclusion that CCT hadn't even "conceived" of this Bundle plan until January 2003. AGAIN, we have their document they specifically used to project the revenues if they buy my CapeCodRealEstate .com using this 90/10 Bundle model. Thry were basically plottingn and conspired to hide this bundle plan so they didn't have to pay me my 20% on 90% of the revenues. And now lie to the court about it.
Self. To Left. "To the contrary, the record relects that Robert Kempf did not propose the concept until January 2003"
