Date: Tue, 17 Oct 2000 19:16:48 +0200
From: ELBOX press@elbox.com
To:   amiga-news.de ps@amiga-news.de
Subject: INSIDER REPORT

INSIDER REPORT 
ELBOX COMPUTER
http://www.elbox.com
Krakow, 17 Oct 2000

In brief

In July 2000, ELBOX Computer and Frank Mariak (VFD) negotiated and 
agreed upon writing drivers for MEDIATOR PCI busboard.

Frank Mariak agreed to write the software with hardware and technical 
documentation provided to him by ELBOX Computer as requested by him. 
He had never asked for cash reimbursement and never asked for making 
cash-based contract.

Frank Mariak was to write drivers dedicated for ELBOX hardware, 
to the order of ELBOX, based on an agreement between ELBOX 
and himself. 

Frank Mariak's long-term benefit was spreading and popularising 
his commercial product: CGX4.

Ultimately, Frank Mariak sold rights to these drivers in exclusive 
form to a third party, who are not affiliated with ELBOX Computer 
in any way. This transaction, with the following use of confidential 
ELBOX documentation within third-party agreements is clear-cut 
breach of commercial law in any country in the world.

This step was thought to block developing highly-demanded software 
for Amiga computers. 

ELBOX Computer decided to clear this situation up in the following 
report. 

The last part of the report announces software solutions to make 
good the damage caused by Frank Mariak's decisions.


On Saturday, 14 Oct 2000

community of Amiga users were informed that an agreement was signed 
by virtue of which Mr. Frank Mariak (Vision Factory Development) 
transferred exclusive rights to Voodoo PCI drivers written by 
himself to a third party.

We, ELBOX Computer, feel obliged to make the entire situation clear 
to Amiga users world-wide, as the circumstances around this event 
are twisted again and again and give false image of the situation 
to public opinion.

Please find the below report as the clarification of what has been 
transpiring in the recent weeks behind the scenes. 


Background

On 24 July 2000, Elbox Computer and Vision Factory Development 
jointly released an announcement on concluding an agreement, 
by virtue of which VFD undertook to develop support for PCI graphic 
cards installed in the MEDIATOR PCI busboard. 
(See http://www.vgr.com/mediator/pressrelease1.txt )

Before this agreement was concluded, both parties negotiated 
and finally decided on some specific terms and conditions of 
co-operation as follows:

  The key point of the agreement was that support for PCI graphic 
  cards in CGX3 was to be devoid of hardware acceleration, which 
  was to be fully developed in the CGX4 commercial version.

The parties decided to make the following commitments:

1. ELBOX Computer shall make the developer's documentation for 
   the MEDIATOR PCI busboard available in order to complete the 
   agreed work.

      The developer's documentation was transferred to 
      Mr. Frank Mariak on 14 July 2000.

2. ELBOX Computer will provide Vision Factor Development with 
   computer hardware for preparing drivers for PCI graphic cards 
   installed in the MEDIATOR PCI 1200 busboard, which Mr. Mariak 
   needed at that time.

      ELBOX Computer sent the hardware: Amiga 1200 in E/BOX tower 
      with the developer's MEDIATOR PCI 1200 busboard, 1240 turbo 
      card, FastATA 1200 controller, a hard disk and other necessary 
      add-ons as well as S3 ViRGE and Voodoo3 PCI cards to 
      Mr. Frank Mariak on 07 Aug 2000. Another computer hardware 
      set was delivered to VFD team last week.

3. Vision Factory Development shall develop support for graphic 
   cards operating in the MEDIATOR PCI busboard. Support for 
   S3 ViRGE and Voodoo3 chipsets was agreed upon as the minimum.

      S3 Virge:
      ELBOX Computer received a test version of an S3 ViRGE card 
      driver (enabling starting Workbench in the S3 ViRGE PCI card) 
      from Vision Factory Development on 18 July 2000; 
      S3 ViRGE drivers are currently available.

      Voodoo3: 
      ELBOX Computer received a test version of Voodoo3 drivers 
      for MEDIATOR PCI for presentation purposes (allowing for 
      operation with Workbench) on 29 Sep 2000.

4. ELBOX Computer, after starting the production of the MEDIATOR PCI 
   busboard shall deliver a bundled free package of CyberGraphX v.3 
   along with drivers for all the currently supported PCI graphic 
   cards.

      ELBOX Computer is now selling the MEDIATOR PCI busboard 
      through the network of its distributors world-wide. 
      CGX3 is bundled with MEDIATOR PCI. This is an excellent 
      advertising move for the commercial CGX4.


Before the agreement

ELBOX offered Mr. Frank Mariak that our programmers would prepare 
drivers for various graphic chipsets, including Voodoo3 PCI, for 
working with CyberGraphX. Such drivers would then be transferred in 
the form of source codes written in assembler for Mr. Frank Mariak's 
authorisation and distribution. We expected only making available 
some developer's information related to CGX in return. 

   However, Mr. Mariak decided he would himself write the drivers 
   if we supported him with hardware and documentation. Which we did.


False information

in the announcement on selling rights to Voodoo drivers included 
alleged expected technical problems related to implementation 
of 3D drivers with our MEDIATOR PCI busboard. 

   Please note that none such problems exist. On our request, 
   Mr. Mariak was to report to us any possible problems related 
   to his development work… and he remained silent all the time.


Using Developer's Documentation 

for MEDIATOR PCI and computer hardware (including Voodoo3 PCI card) 
provided free of charge by ELBOX Computer as requested by Mr. Frank 
Mariak for writing Voodoo3 drivers, as it turned out, for another 
company is the clearest form of breaching rules of social life 
and business honesty and integrity.


New business vision

On 13 Oct 2000, Mr. Frank Mariak signed an agreement on selling 
the Voodoo3 drivers for benefit of another company. In contacts 
with our company, Mr. Frank Mariak never mentioned any intention 
of this kind on his part, never suggested such a possibility 
and never asked for or negotiated any payment for his software 
writing work. He never contacted us in this issue. 

Then, out of the blue, he surprised us and all Amiga users with 
making a "simple BUSINESS DECISION" (original quotation from 
Mr. Mariak's response to our inquiry for explanation of the 
VFD & DCE's announcement) on making an alliance with a third 
party for selling the above rights. 


We hope this explanation clarifies the situation. 

Please make sure that we refrain from any comments of ethical 
or whatever nature. The above are simple facts to make you all 
aware of the plot behind the scenes.


ELBOX MOVES FORWARD

In the view of the circumstances described above, ELBOX Computer 
hereby announces that our programmers shall prepare software 
for supporting Voodoo3 cards in the MEDIATOR PCI busboards. 
These drivers will be included in the software package for the 
MEDIATOR PCI busboard. We expect completing work on the first 
version of this software within two weeks.


ELBOX Computer
Mariusz Wloczysiak, Press Department