] Couldn't it be the other way around? That would make much more sense to me:
]
] ESE is developing a new VDP now, and -in parallel- are in discussion with
] Yamaha about transferring the copyrights. the correct way to go about
] would have been *first* reach an agreement with Yamaha and *then* start
] developing the ewn VDP. As long as Yamaha hasn't yet agreed
] to really transfer the copyrights, ESE has no right to do the development
] they are working on now and will thus (a) NOT get the copyrights and
] (b) have a lawsuit up their a****s from Yamaha, if Yamaha finds out about
] ESE's current activities. *Then* we/they will not be able to use their
] new VDP.
]
It does not work like this. At least, not how I interprete it. I think the
situation is as follows:
1) ESE *will* develop a V9938 or V9958 clone by reverse-engineering the
current MSX VDP and ofcourse they make a few enhancements to make it a better
VDP
2) ESE does not want to start talking with Yamaha. They think that Yamaha
will explicitly deny them the permissions to clone the VDP or that Yamaha
will ask a license fee for the VDP. Both are undesirable.
3) ESE believes that if they clone the VDP and simply start producing it,
that they might get sued by Yamaha. However, since Yamaha never denied
explicitly to ESE to clone the VDP, ESE believes that they can win the case.
They believe that they can win the case because a similar case was spanned by
Sony against the creators of the playstation emulator, who
reversed-engineered the playstation to build that emulator. Sony lost that
case. So, if the judge is consistent, Yamaha will loose the case against ESE
as well.
4) ESE believes also that if Yamaha would have explicitly denied the
permission to clone the VDP (black and white, on paper, with a signature),
that ESE would loose the case.
Hence, they do not negotiate but simply clone and produce...
Kind regards,
Alex Wulms
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