Playback mpd3

Sabai, all I have ever intended to point out is the fact that in your initial post
you stated the following:

"The matter was decided in favor of EMM."

which was not completely accurate. That's what I was referring to by stating
that you mischaracterized the court's findings. Anyone who has seen a few
of these misunderstandings matriculate through the courts will likely agree
that this one was a tie. They both failed to memorialize their understanding
in writing and, as is usually the case when emotions run high, selective
memory kicks in.

I will reiterate however that I believe you have unfairly slammed Mr. Tinn,
which was probably unintentional on your part. Oh, and as far as spare
time goes, you are correct that I have alot of spare time on my hands
especially this time of year. I'm very fortunate to have accumulated several
months of vacation annually. Good luck with your well earned retirement.

FWIW, I have successfully gotten my MPS5 registered and have gotten access to the drivers.

Ghasley,
You stated, "Sabai, all I have ever intended to point out is the fact that in your initial post you stated the following:

"The matter was decided in favor of EMM."

which was not completely accurate."

You are correct here. My statement was not accurate on all points. But a close reading of the court documents shows that all major issues were decided in favor of EMM. Mr. Tinn was to receive full compensation for services rendered if that compensation had not yet been received by him.

Regarding your statement that I mischaracterized the court's findings, may I refresh your memory about the court record regarding the lack of any oral agreement, let alone any written agreement, between Mr. Tinn and EMM:

"As the proponent of the agreement, Tinn has not met his burden of demonstrating that sufficient facts exist upon which reasonable jurors could find clear and unequivocal proof, by a preponderance of the evidence, that an oral contract existed. Tinn maintains that the parties entered into a binding oral agreement in October 2005, but his own testimony shows they could not have."

Retirement is good, thanks -- because I am productively busy. Retirement can be the death knell for folks who put their feet up and think that they have arrived. You arrive when the Good Lord decides it is your time. Until then, keep productive and you'll do fine.

Ghasley,
As a coda to my earlier remarks, regarding your statement: "In simple English, the parties obviously had some sort of understanding with which to proceed or EMM would never have sent product."

May I refer you to this statement in the court documents:

"As the proponent of the agreement, Tinn has not met his burden of demonstrating that sufficient facts exist upon which reasonable jurors could find clear and unequivocal proof, by a preponderance of the evidence, that an oral contract existed. Tinn maintains that the parties entered into a binding oral agreement in October 2005, but his own testimony shows they could not have."

Sabai, good thoughts on retirement and I completely agree with you there.

As far as the court case, lets take a step back. Again, I dont really give alot of weight to the idea that there was no agreement. Lets use some common sense here....yes or no, would EMM send products....very expensive products, to someone with whom they had absolutely NO understanding? The answer there is of course not. I will yield that the agreement could have proved to be a moving target and the negotiations likely got away from both of them, especially in light of the fact that EMM's key designer left the company during this timeframe to form Playback Designs. I am certain this is probably when the Tinn/EMM relationship became poisoned. The loss of Andreas Koch by EMM is a terrible blow for EMM to deal with and the fact that Tinn was asked to team up to distribute Playback Designs was probably too much for EMM to swallow.

At the end of the day, I still dont understand your animosity toward Mr. Tinn when you have no horse in the race. The only reason I was aware of the case at all was while doing my due dilligence prior to purchasing from Mr. Tinn, I had my attorneys (a top LA law firm) do a background. They characterized the Tinn/EMM lawsuit as "nothing more than a verbal agreement that went over a cliff".

I have purchased 3 products from Mr. Tinn since 2010 and I could not be more thrilled with my purchasing decisions. He has been kind, engaging and professional. And finally, I am certain that if there had been a problem, he would have solved the problem in short order. You have sold your EMM and moved on to your next digital (AMR?) and I still enjoy my Playback Designs.....horses for courses.