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.

Read more…

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


Addendum
Please find the enclosed only and last Voodoo3 driver in Alfa
version for MEDIATOR written by Mr. Frank Mariak. This driver
was prepared solely for presentation purposes and may only be
used in this way.
This driver was never bundled with MEDIATORs, contrary to the
information in the DCE & VFD's announcement.
Please consult the enclosed text file disclaimers by Mr. Mariak
in this respect.