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Friday, 12/05/2003 5:21:04 PM

Friday, December 05, 2003 5:21:04 PM

Post# of 93819
e.Digital's new business strategy (as discussed yesterday and is evident in the web site and in the Powerpoint presentation) appears to be attempting to sell not only it's own Ody platform but also the 3 product platforms paid for by APS, Eclipse Softeq/HP to other customers. These platforms aren't reference designs. Those companies paid for custom product/platform development and own the platforms, even if they rent the firmware from e.Digital.

I don't think it's a wise or ethical strategy for a design and engineering firm to exploit the concept of one customer and attempt to sell it to another customer.

Think of entrepreneur Bill Boyer who came to e.Digital with a concept they never thought of and gave e.Digital his business. Yet Falk dissed APS in the meeting yesterday by talking upon not relying on them for the success of the AV player and going after other business for it. The concept was Boyer's and APS paid for the platform development. It would seem unscrupulous for e.Digital to actively seek other companies to make similar players, even if there is no contractual restriction with APS.

It's the same thing with Eclipse. e.Digital can't go out and sell that design to other car stereo makers as they implied yesterday. They can offer their design/engineering and manufacturing oversight services to other car stereo makers for a custom design, but they can't sell that Eclipse's platform (nor would it work for other makers).

Since the Softeq headsets were merely part of a larger wireless IR system, e.Digital doesn't even have a full platform for them. But they talked about selling HP's concept and design to other customers.

IMO, it would be fine if e.Digital holds itself out as the design/engineering firm they have become and use these platforms as examples of their capabilities. They absolutely should not discuss selling these platforms to customers other than those who paid for them.

In reality, I think that's probably what they will do, but a design and engineering firm with only one licenseable design may not be attractive to investors.

~Cassandra



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