I don't think we're in Kansas anymore Toto

Is this really happening?

Corporate giant delay UK launch of hot new gadget for 9 months, whilst it is readily available in the USA and Japan

Little guy, in to videogames and working from home on his own spots an opportunity and imports a few to sell them on his website (www.electricbirdland.co.uk) and gets the jump on the giant

1000’s of other companies do the same (and still are)

2000’s of ebayers do the same (and still are)

Corporate giant buys £1000's of new gadget from little guy

Corporate giant sends out threatening letters via bully boy solicitors

Corporate giant buys £1000's more of new gadget from little guy

Little guy says “hold on a sec, that’s not fair”

All the other young guys and older guys say "..."

Corporate giant sues little guy for £50,000 for mouthing off and to set an example but negotiates great deals with bigger players with more money to defend themselves

Corporate giant buys £1000's more of new gadget from little guy

Corporate giant takes little guy to the High Court to tag team him in a court room with Six bruisers

That same day little guys courier delivers £1000's of pounds worth of new gadget to Giantstrasse in Austria

That same day whilst little guy is being bulldozed, corporate giants' goons turn up at little guys house to intimidate littles guys wife, little guys wife is pregnant with little guys baby and little guys wife is crying

Little guy throws a couple of untrained verbal punches but the judge sends him in to the corner with an injunction and tells bully boy solicitors to stop sending their goons round to scare little guys wife

Corporate giant is feeling like he is really doing good policing his great new product from the UK, bully boy solicitors rub their hands together

Little guy doesn't like new gadget any more

Corporate giants tells everyone that little guys are "small beer" and little guys are no big deal. Bully boy solicitors then proceed to phone all the other little guys to tell them what they have done to this little guy

Little guy posts blog entry at 2 am

Little guy thinks it is a big deal, if little guy doesn't fight giant corporate monster little guy will have to close his shop and get a job at tesco's so he can feed his little girls.

I'm sure there is a Radiohead song about this.

Beyond The Pale

What with the decreased workload I have something to thank Sony for.

Today I had the first opportunity in 9 months to be with Susannah for her final visit with the midwife.

With the help of a Sonicaid I heard the tiny heartbeat of my new child.

Everything else in my life pales in to insignificance compared with the sound of that beautiful sweet steady beat.

VICTORY!

ElectricBirdLand today was the first company with only one employee in the history of Sony's campaign of terrorising small businesses to secure a contractual obligation from Sony (cross undertaking) to pay us damages (money we could have earned) for the period that we choose not to sell the PSP.


So, what happened with ElectricBirdLand?

As I understand, Sony got what we offered them on May the 19th, to stop selling PSP consoles and games however whereas before we offered 3 days notice when we intend to start selling again, this time we only need to give them 24 hours notice. This time they gave us the cross undertaking that was rejected originally, of damages (which means they have to pay us any money we could have made during the period we are not selling).

One thing that was interesting was that Sony's barrister said that they would replace faulty stock received in the period of the injunction and issue replacements to our customers on September 1st! This has interesting implications to Sony's warrantying/not warrantying import devices.

We now have 28 days to file witness statements and evidence. If any of you guys out there are willing to provide statements where you have seen PSPs on sale in high street stores or even better photographs of them doing so it will assist us.

Thank you for your interest and thank you to all the retailers that came out in support. Remember Sony are NOT the police (but they do
have 151,400 persons (as of March 31,2005) and 7,159,600 million yen ($14.5 Billion) (Sales and Operating revenue 2004) [1]

Dan

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Thank you all for the kind support.

Dan

Court Date Set

Sony Computer Entertainment Inc. and Sony Computer Entertainment Europe are taking my company to court.

The court date is set.

Monday 27th June at 10:30am

Listed to be heard at Court 57 in the Thomas Moore Building.

Click here for more information on directions.

They will be applying for an Interim Injunction and a Summary Judgement.

Coincidently my wife's due date is on the Sunday 26th June, I hope I don't miss the birth of my new baby.

Acknowledged

I have today sent our Acknowledgement of Service to the court and provided a copy to their Solicitors.

I hope when this is over I will be able to ween myself off the Coffee again!

Founding Prospectus

"We shall eliminate any unfair profit seeking practices [and] constantly emphasise activities of real substance"
Masaru Ibuka, 1908 - 1997 (Founder and Chief Advisor, Sony Corporation).

Game On

Well well.

Maybe I should have kept my big mouth shut.

Kabushiki Kaisha Sony Computer Entertinment (also trading as Sony Computer Entertainment Inc.) a company registered in Japan and situated at 2-6-1 Minami-Aoyama, Minato-ku, Tokyo, Japan

and

Sony Computer Entertainment Limited a company registered in England and Wales (Number 03277793) whose registered office is Golden Square, London, W1F 9LD.

Have issued legal proceedings against my company in the Royal Courts of Justice.

I will be personally presenting our case to The Courts.

My court is that of Public Opinioncommon sense will prevail (unless money has something to do with it!)