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SinisterSound
83
Sep 15, 2017
"In our agreement for the HALO switch, Input Club requested an exception to our exclusive distribution rights to allow them to offer switches directly to end customers as replacement parts and as standalone switches via their website. This was a reasonable request, so we agreed and wrote it into the agreement. After that, Input Club launched their kickstarter campaign for the Whitefox, offering HALO switches as an option."
"We’ve worked with many dozens of designers and we’ve never run into this problem before (in fact, nearly all designers go on to work with us on many more projects)."
So because they they chose to use kickstarter, you guys tried to block their sales? If you're all about bringing people's ideas to the free market, why stifle their sales once the product has launched? It sounds like you only want to help designers make products if they sell them through Massdrop.
Miotch92
29
Sep 15, 2017
SinisterSoundIsn't that how business works? If a company invests time and energy to bring a product to life they can expect the return on the investment. In this case a competing platform is now reaping the rewards off of Massdrops investment. That doesn't seem right. Obviously there is more information than is being shared. Probably best to wait until the truth comes to light.
Violander
17
Sep 15, 2017
SinisterSoundYes, that's how agreements like these WORK. If they agreed to design something and then legally agreed that massdrop will be Manufacturer and Distributor, but then (after MD spent a considerable amount of funds) decided to go and do it on their own, they are in the wrong.
" It sounds like you only want to help designers make products if they sell them through Massdrop. "
Well, that is how businesses work. I mean that's the entire point of business partnerships. They aren't here to be a charity for designers to allow them to go off on their own and screw MD.
SinisterSound
83
Sep 15, 2017
Miotch92It sounds like they had an exception to the exclusive rights to manufacture and distribute, so why can't they exercise that right?
Miotch92
29
Sep 15, 2017
SinisterSoundThey agreed to sell them only directly to consumers vs. through the competing platform. They also agreed to only sell them as standalone switches instead of being pre-built in a board. If they had chosen to only sell them through their store this would all be a moot point.
SinisterSound
83
Sep 15, 2017
Miotch92Perhaps. I havent seen any written agreement. To me this sounds like lawyers fighting over definitions of words. I don't see why IC would ask for a clause to allow them to sell their own designed product and not have it cover how they intended to sell them.
UncleVesemir
7
Sep 15, 2017
SinisterSound"allow them to offer switches directly to end customers as replacement parts and as standalone switches via their website"
From what I see, "as replacement parts and as standalone switches" and "via their website" are the two terms of importance. Using those switches as an option for a product is neither selling replacement parts nor selling standalone switches, and Kickstarter is not their (IC's) website. Therefore, it is a breach of agreement.
This is layers fighting over definitions of words, and this is how it's supposed to be.
You are right that we haven't seen any written agreement, and I doubt they'll become publicly available.
andr3w_m
34
Sep 15, 2017
UncleVesemir"via their website" -> what if the Kickstarter was embedded in an iframe on their website? :'D
Pragmatizm
16
Sep 15, 2017
SinisterSoundAt the end of the day if Massdrop owns the patents, they are in control of the switch. If the terms of the contract were not in I:C's favor they should have gotten a better lawyer. If by selling the switch pre built with a board was against the licensing agreement, Massdrop has every legal right to block the sale.
Regardless of anyone's opinion, unless we get to see the contract details discussing who is right or wrong is moot.
SinisterSound
83
Sep 15, 2017
PragmatizmI get that they may have legal rights to block the sales. But then, don't tout yourself as some company that's all about enabling others to get a business off the ground by helping new start ups get customer flow and then quietly absorbing ownership of their products via contracts. My issue is their messaging. The benevolence they attribute to themselves and what the claim to bring to the community is not in line with their actions. My concern is not legal authority.
DrewLazz
20
Sep 15, 2017
SinisterSound*** as replacement parts and as standalone switches via their website. ***
Meaning buy the switches individually/separately for building your own or replacing stuff.
NOT offering a full keyboard that uses the switches in it as a direct sale.
HUGE difference.
Chmerlinn
8
Sep 15, 2017
SinisterSoundYou seem to have misunderstood. Massdrop agreed to adding the ability to sell standalone and replacement switches on their website. Selling them within a buy for the whitefox is explicitly not in the agreement as per the info posted above. So, evidently, Massdrop was not Ok with this.
UncleVesemir
7
Sep 15, 2017
andr3w_mNow sir, you would have been a lawyer good at "fighting over definitions of words" per OP.
andr3w_m
34
Sep 15, 2017
UncleVesemirhahahaha :'D
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