ZX Vega+ News

(Unauthorised and Unofficial)

Vega+ Shipping Dates

  • End of September 2016
  • October 2016
  • In time for Xmas 2016
  • February 2017
  • A "few weeks" from March 10th 2017
  • Summer 2017
  • 8 weeks from August 9th (October 4th, 2017)
  • Mid October 2017
  • April 2018
  • May 8th - 12th 2018
  • May 12th 2018
  • May 31st 2018 (Indiegogo deadline)
  • June 15th 2018
  • July 6th 2018

World of Spectrum

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Sky licence

At no point since April 2016 has RCL held a licence to actually produce the ZX Vega+

Sky licence p1

Sky licence p2

Sky licence p3

Text version

08 February 2018

FAO: David Levy
Retro Computers Limited
10-14 Accommodation Road
London
England
NW118ED

BY FIRST CLASS POST & EMAIL TO: davidlevylondon@yahoo.com & suzanne@suzannemartin.com

PRIVATE AND CONFIDENTIAL

Dear Mr Levy,

Thank you for the approximate sales figures and royalty information set out in your email of 22 December, which we note are up to and including 30 November 2017. We are considering this information and will let you know if we need any further information, clarification or evidence to support your calculations.

As you know, there is presently no formal licence between us and I am writing with a view to formalizing our relationship by way of a limited renewed licence. lf you agree in principle, and subject to your provision of the information set out below, I will forward a draft licence to you f,or signature.

I note your summary of the background to Retro Computers Limited's delay in providing the Vega and/or Vega+ console to your backers and the difficulties you have experienced. However, I also note (for example, from reports on the BBC website - http://www.bbc.com/news/technology-42943355 that dissatisfaction from your backers has led to at least one County Court judgment against you.

Whilst I can appreciate how this situation may be frustrating to you and your business. I am not prepared to be drawn into any discussion on the narrative you have provided or reasons why the delay in supplying your backers has arisen as this simply distracts from resolving the main issue of honouring your commitment to your backers.

From Sky's position, the facts are simple and they are as follows:

  1. We granted you a licence (most recently, dated 27 April 2015 - the 2015 Licence) to use certain of our lPR, including the trade marks ZX SPECTRUM, ZX and SINCLAIR;
  2. You secured crowdfunding to bring the Vega (and now, the Vega+) products to market;
  3. You have not delivered on the orders placed by your crowdfunding backers; and
  4. We understand that there has already been one court judgment made against you in favour of refunding one of your crowdfunding backers (amongst other costs).

We appreciate your sentiment that you "have endeavoured to ensure that[you] are not in any way bringing the trade marks into disrepute'. However, there is a real risk that this will be an inevitable eventuality (even if not your intention) of your delay in bringing the product to market given the public way in which this matter has escalated and the volume of media (including social media) coverage this has attracted, irrespective of how or from where such adverse coverage originated.

Damage to our brands

As I am sure you can appreciate, Sky values its brands very highly and our brands cannot be associated with any dispute or rhetoric which risks adversely affecting them. In addition, the significant and ongoing delay in bringing the Vega and Vega+ products to market will adversely affect Sky's brands.

The licence between us

The 2015 Licence between us has expired. We have not entered into a further licence arrangement. To the extent that we were in the process of negotiating a renewal to the 2015 Licence, the terms of that licence could be implied to remain in force.

It is Incorrect to state that we were operating under a 2016 licence as only a draft. was circulated to you in 2016 and this was not signed by either of us. That draft is no longer available for signature as we require modifications to its terms before we can enter into a renewed licence with you.

To the extent that the 2015 Licence could be deemed to remain in force, there are grounds on which we could immediately terminate it. It is important for me to point out that this is not our preferred option.

Kindly note that you are also in breach of several obligations including (without limitation) those set out in Clause 3.a(a){c). We reserve the right to request compliance with this Clause in due course and our decision not to request immediate compliance now does not constitute (and should not be seen as constituting) any waiver of those rights. It is simply an attempt to focus your attention on speeding up production and distribution of the Vega+ to your patient backers without further delay or distraction.

We will, however, need to see (at the least) a sample of, and marketing materials for, the Vega+ prior to such distribution. This is our contractual right (and your obligation) but should in no way further delay your delivery to your backers or be relied on as a justification for any delay to the April 2018 delivery deadline you communicated to your backers via your Indiegogo.com page on 5 February 2018.

Next steps

Our preference and priority is to ensure that your backers, who have waited a long time to receive the console which they helped fund, receive their product without further delay and certainly by your revised delivery deadline of April 2018.

We are therefore prepared to grant you a short extension of the 2015 Licence until 8 May 2018, solely for the purpose of enabling you to honour those pending orders in respect of all backers from whom you obtained crowdfunding (as at today's date) and whose orders have not yet been shipped but payment accepted (and not refunded). In your email of 22 December 2017, you stated that 4700 Vega+ units are destined for crowdfunding backers. Please confirm that you are not accepting any new orders or crowdfunding.

Please note that from 9 May 2018, you will no longer have any rights to use any of the licenced IPR and any further use by you will constitute breach of contract and infringement of our IP rights.

However, in the event that you supply all backers with their products by 8 May 2018 (and provide written evidence confirming this), we will be prepared to consider extending the licence to you (without any obligation on us to do so).

Prior to providing you with a revised draft licence, please confirm the following:

  1. The actual date of production of the Vega+ consoles;
  2. Your proposed distribution date for the Vega+ consoles;
  3. The number of court (or other) claims made against you (whether issued or pending), as far as you are aware, in respect of the Vega or Vega+ consoles; and
  4. Details of any third party complaints you have received in respect of the quality of consoles that hare been delivered to date.

To protect our position, pending both of us entering into a revised licence and to the extent that the 2015 Licence could be interpreted as remaining in force, please consider this letter as constituting the provision of 3 months written notice of our intention to terminate the 2015 Licence under clause 102. As such, if we cannot reach agreement, the licence arrangement between us will be deemed terminated as at midnight on 9 May 2018.

We sincerely hope that we can reach renewed agreement prior to this date.

Yours sincerely,

 

Legal and Business Affairs
Sky UK Limited
Email:

Latest Funky Spectrum RCL Videos

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Indiegogo Campaign

"Our Indiegogo campaign is to raise funds to manufacture the first 2,500 or more units of the Vega+ in the UK, and to prepare us for the second production run."

— RCL (15/02/2016)

Vega+ Status

  • All refunds processed:
  • Roll of honour email:
  • Address confirmation:
  • Battery specification:
  • PEGI certification:
  • Final specs released:
  • Games list released:
  • Finished box design:
  • Manual released:
  • Working website:
  • Final devices made: 0
  • Small claims victories: 0
  • Prototypes made: ~100-200