Re: I wrote Dear Robert
posted on
Oct 18, 2006 05:07PM
You wrote,
"Again, a response that depicts one view. Did they never offer the $25k? Did they offer it and e.Digital did not accept it? Were there other contingent factors that had to occur prior to offer and acceptance? Did they not pay because the players were late?"
I hope it is as simple as "they never wrote a check," but I suspect there is more to it.
Eagle
I suspect it isn't that simple either.
Putnam was emphatic that they were never paid, but the thought occurred to me that eDigital may not have accepted payment which also means they were never paid. That's doesn't seem like as much of a breach as Wencor not offering and as you suggest there may have been other conditions.
From Mediators post she footnoted an exerpt from the digecor complaint.
"digEcor offered payment of this $25,000 flat-fee, but eDigital has repudiated its express obligations under the DRM Agreement and has refused to accept payment in accordance with the DRM Agreement."
Regarding the DRM. It sounds like what they developed for Digecor was specific for them and their player and could be modified by Wencor for other versions. The DRM for the eVu player is different. The specifics of how they were different was explained as "changing some numbers" They are not the same DRM as some have speculated. The DRM for the eVu has been studio approved.
I came away from the conversation with the impression that eDigital is very confident that they will succeed in the IFE arena. Of course Wencor seems to think they will be successful preventing them from succeeding. Perhaps Wencor's confidence is based on protracting the process out. Any additional pleadings will do just that!
Having said all that, I was also left with the impression that once the 1250 players are delivered, eDigital will be more forthcoming with announcements. Lets hope delivery is sooner rather than later. It would seem that if Wencor refused delivery that would also breach the contract. I believe I read in the contract delivery terms.....most of them were based on delivery in the first couple of months but there was also a clause that nullified the contract after one year.....Nov. 11. (not sure my terminology is correct) This may prove to be a compelling reason to accept the delivery.
Larry