The following defense against the public accusations by Roy Wood
necessarily has to reveal some of his business methods. I never planned to
publish this, it is absolutely depressing to deal with this issue. But Roy
Wood has violently dragged this issue into the public and seeks to involve
other people into his holy war, so what can I do, some clarification
must be published.

I had invented and developed a computer as a hobby in my spare time, without
the ambition to make any profit. I have given away prototypes to support
development of operating systems and application software. I hoped that my
development would be affordable for as many folks as possible. If it was
software I could have given it away for free. But hardware must be produced,
and I looked for someone to produce it.

I will not explain here all the lengthy details how much effort and
prefinancing it required until I could find any commitment from established
QL traders in the production. I found only vague forms of interest, nothing
I could count on, although I had written software to show that the hardware
works, and several operating systems were under construction. Suddenly after
Tony Tebby had already finished a running SMSQ/E, financed by me,
at my own risk, and Tony Tebby expressed his enthusiasm for my development,
I had the surprise to read in the public, that Qbranch and TF Services
had made a decision towards Q40 production.

My objective was a coordinated effort to cut costs by finding cheap
sources. I estimated, that with quantity discounts for 50 boards, and
someone who has access to larger parts distributors, DM 350 costs could
be reached. I proposed 70% profit for the trader and DM 150 licensing fee
for me, which gives a retail price of DM 745. The license fee was originally
supposed to finance my development costs, but back then I already had
expenses that could not be covered by this licence fee from 50 boards.
I clearly stated that my fee would rise rapidly with higher retail prices
because that means less produced units. As a trader, Roy Wood should
know that my profit is not turnover (my fee), but turnover less expenses.

My negotiating partners proposed a higher retail price of DM 1050 based on
their higher expenses. We clearly stated that we do not agree about the
retail price, but without my approval estimated price figures and
release dates were already published. Efforts to cut costs were started,
and I found cheaper CPU's.

Suddenly, despite my cheaper figures, and without my prior knowledge, a
purchase of a large number of expensive CPUs was made, that would cause a
rise of the retails price beyond my worst apprehensions, without any
advantage for the users. I was irritated and I saw more and more lack of
coordination. Roy Wood complained, that my involvent in the production was
causing long delays and there would be no more cutomers to sell to.
Consequently, I let him do the production without my help.

Under the contract with Roy Wood, my obligation was to supply assembly
plan, partslist and PCB data. Roy Wood obtained permission to produce
and sell the Q40, without a fixed retail price limit, and received protection
against third party competition for some time. My final fee would reduce to
DM 200, in case licensing payments were made in time for the first 25
boards (which did not happen). I never was responsible for the Qbranch Q40
production at all!

Unfortunately, Roy Wood decided to sell the Q40 without paying my license
fee, in breach of the contract he signed. I tolerated this for a
long time with respect to his claimed personal problems. He also ordered
components from me, which he processed and sold without paying me.

Without any obligation, I supported Roy Wood much more than he deserved,
mainly by personal emails to his supplier and his customers, with
informations, advice, but also practical help, e.g. a working reference
board. In my opinion, Roy Wood should have taken more care of his
production, when his problems first occured and not many months later. In
fact I asked him to let me help, but offers from me were ignored or
required feedback was not given. My motivation for further help for Roy
Wood decreased, after I suffered cheque fraud from him, and he complained
about my attempts to search the faults on his boards, stating he had not
asked me to do any work for him.

Roy Wood was not just "a little late" in paying me. From 1999 to 2002,
until now, payments were constantly missing. Roy Wood has not properly
paid even one single invoice in all these years. Some were paid after
more than two years, others are not paid until now.

Also we are not talking about "small matters", but high levels of debts
troughout years, with a maximum of more than DM 9000 plus my interest
losses caused by his arrears. Because Roy Wood did not pay me, I had to
delay the already started Q60 development for several years, causing
further disadvantages for me and the QL world in general.

Things got even worse. When I started to accept no further orders without
advance payment, Roy Wood explicitely agreed to this and I was
naive enough to trust him. I purchased components, paid my supplier and
delivered. Unfortunately the cheque he used to "pay" me was dishonoured.
I hoped this was only an accident as Roy Wood claimed.

Three times Roy Wood paid me with dishonoured cheques, including at least
one clear case of cheque fraud in July 2000. Roy Wood promised to send an
exonerate document, which never arrived. Neither arrived replacement
payment, nor did he use the multiple other possiblities to give me the money,
so it was definitely not by accident.

I had my bank investigating the problem with Roy Wood's cheque, the result
was quite clear - the cheque was cancelled by his bank after consultation
with Roy Wood. You may remember an email exchange in this list regarding
this and compare with Roy Woods recent claims:

  Date:   Mon, 6 Nov 2000 00:23:33 +0000
  To: [EMAIL PROTECTED]
  From: Q Branch <[EMAIL PROTECTED]>
  Subject: Re: [ql-users] YAFOQT (Yet another Future of QL thread)
  In-Reply-To: <[EMAIL PROTECTED]>
  Message-ID: <[EMAIL PROTECTED]>

We had agreed on small regular downpayments but Roy Wood did not pay
the rates and he did repetedly threat not to pay anything at all.
I offered to help Roy Wood out by purchasing goods in exchange for debth
reduction but there were inacceptable delays and unexpected problems with
these goods.

In this hopeless situation, I decided to ask for legal assistance. This was
a very painful decission for me. As I am not a lawyer and my knowledge of
the british legal system was next to zero, everyone can imagine how "eager"
I was to follow this path. I have tried every other thinkable alternative
but with the obvious lack of cooperation from Roy Wood I had to seek
legal help. I simply had to do something because I feared that my claims
would fall under a statute of limitations.

At this time I had claims of more than DM 6000 plus interest on arrears.
The first solicitors letter was sent to Roy Wood. Roy Wood then again
stated further untrue promises concerning payment in full, making a delayed
part payment instead. After letters from my solicitor were not answered and
I had offered Roy Wood one more generous solution without any positive
result I gave my attorney the instruction to proceed as he considers
appropriate. Roy Wood did not owe me only DM 1200; the email he probably
refers to, was merely a generous complaisance from me to close the affair.
In the further proceeding, I resigned on many of my costs and interest on
arrears, and judgement was entered on my behalf.

I am very sorry that Roy Wood was not successful with his business,
looking back at this affair I have probably greatly overestimated
Roy Woods intellectual capabilities when I thought he would be
capable to handle the Q40 production.

However I find it absolutely disgusting that he is now using his
influence to damage my reputation and Q40/Q60 related projects.

Oh well, where did all the friendliness in the QL world stay. I would
have preferred not to publish my negative experiences but Roy Wood
is apparently getting more and more impudent, spreading new slander
and malicious gossip whenever he likes. Others might have insisted on
criminal procedures upon cheque fraud, if they were in my position.
I just hope not to be involved with Roy Wood and not to be victim of
his public slander. This should be the very least I can expect.

Peter

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