July 2000, ELBOX Computer and Frank Mariak (VFD) negotiated
and agreed upon writing drivers for MEDIATOR PCI busboard.
Mariak agreed to write the software with hardware and technical
documentation provided to him by ELBOX Computer as requested
He had never asked for cash reimbursement and never asked
for making cash-based contract.
Mariak was to write drivers dedicated for ELBOX hardware, to
the order of ELBOX, based on an agreement between ELBOX
Mariak's long-term benefit was spreading and popularising his
commercial product: CGX4.
Frank Mariak sold rights to these drivers in exclusive form
to a third party, who are not affiliated with ELBOX Computer in
any way. This transaction, with the following use of confidential ELBOX
documentation within third-party agreements is clear-cut
breach of commercial law in any country in the world.
This step was thought to block developing
highly-demanded software for Amiga computers.
Computer decided to clear this situation up in the following report.
The last part of the report announces software solutions to
make good the damage caused by Frank Mariak's decisions.
On Saturday, 14 Oct 2000
of Amiga users were informed that an agreement was signed by
virtue of which Mr. Frank Mariak (Vision Factory Development) transferred
exclusive rights to Voodoo PCI drivers written by himself
to a third party.
ELBOX Computer, feel obliged to make the entire situation
clear to Amiga users world-wide, as the circumstances
around this event are twisted again and again and give
false image of the situation to public opinion.
Please find the below report as the clarification of what
has been transpiring in the recent weeks behind the scenes.
24 July 2000, Elbox Computer and Vision Factory Development jointly
released an announcement on concluding an agreement, by
virtue of which VFD undertook to develop support for PCI graphic
cards installed in the MEDIATOR PCI busboard.
this agreement was concluded, both parties negotiated and
finally decided on some specific terms and conditions of co-operation
key point of the agreement was that support for PCI graphic cards
in CGX3 was to be devoid of hardware acceleration, which was
to be fully developed in the CGX4 commercial version.
The parties decided to make the following commitments:
1. ELBOX Computer shall make the developer's documentation
for the MEDIATOR PCI busboard available in order to complete
the agreed work.
The developer's documentation was transferred to
Mr. Frank Mariak on 14 July
2. ELBOX Computer will provide Vision Factor Development with computer
hardware for preparing drivers for PCI graphic cards installed
in the MEDIATOR PCI 1200 busboard, which Mr. Mariak needed
at that time.
ELBOX Computer sent the hardware: Amiga 1200 in E/BOX tower
with the developer's MEDIATOR
PCI 1200 busboard, 1240 turbo
card, FastATA 1200 controller,
a hard disk and other necessary
add-ons as well as S3 ViRGE
and Voodoo3 PCI cards to
Mr. Frank Mariak on 07 Aug
2000. Another computer hardware
set was delivered to VFD team
3. Vision Factory Development shall develop support for graphic cards
operating in the MEDIATOR PCI busboard. Support for S3
ViRGE and Voodoo3 chipsets was agreed upon as the minimum.
ELBOX Computer received a test
version of an S3 ViRGE card
driver (enabling starting Workbench
in the S3 ViRGE PCI card)
from Vision Factory Development
on 18 July 2000;
S3 ViRGE drivers are currently
ELBOX Computer received a test
version of Voodoo3 drivers
for MEDIATOR PCI for presentation
purposes (allowing for
operation with Workbench) on
29 Sep 2000.
4. ELBOX Computer, after starting the production of the MEDIATOR
PCI busboard shall deliver a bundled free package of
CyberGraphX v.3 along with drivers for all the currently
supported PCI graphic cards.
ELBOX Computer is now selling the MEDIATOR PCI busboard
through the network of its
CGX3 is bundled with MEDIATOR
PCI. This is an excellent
advertising move for the commercial
Before the agreement
offered Mr. Frank Mariak that our programmers would prepare drivers
for various graphic chipsets, including Voodoo3 PCI, for working
with CyberGraphX. Such drivers would then be transferred in the
form of source codes written in assembler for Mr. Frank Mariak's authorisation
and distribution. We expected only making available some
developer's information related to CGX in return.
However, Mr. Mariak decided he would himself write the drivers
if we supported him with hardware and documentation.
Which we did.
the announcement on selling rights to Voodoo drivers included
alleged expected technical problems related to implementation of
3D drivers with our MEDIATOR PCI busboard.
Please note that none such problems exist. On our request,
Mr. Mariak was to report to us any possible problems
to his development work… and he remained silent
all the time.
Using Developer's Documentation
for MEDIATOR PCI and computer hardware (including Voodoo3
PCI card) provided free of charge by ELBOX Computer as
requested by Mr. Frank Mariak for writing Voodoo3 drivers,
as it turned out, for another company is the clearest
form of breaching rules of social life and business honesty
13 Oct 2000, Mr. Frank Mariak signed an agreement on selling the
Voodoo3 drivers for benefit of another company. In contacts with
our company, Mr. Frank Mariak never mentioned any intention of
this kind on his part, never suggested such a possibility and
never asked for or negotiated any payment for his software writing
work. He never contacted us in this issue.
out of the blue, he surprised us and all Amiga users with making
a "simple BUSINESS DECISION" (original quotation from Mr.
Mariak's response to our inquiry for explanation of the VFD
& DCE's announcement) on making an alliance with a third party
for selling the above rights.
hope this explanation clarifies the situation.
Please make sure that we refrain from any comments of ethical or
whatever nature. The above are simple facts to make you all aware
of the plot behind the scenes.
ELBOX MOVES FORWARD
the view of the circumstances described above, ELBOX Computer hereby
announces that our programmers shall prepare software for
supporting Voodoo3 cards in the MEDIATOR PCI busboards.
These drivers will be included in the software package for
the MEDIATOR PCI busboard. We expect completing work
on the first version of this software within two weeks.
ELBOX COMPUTER, Press Department
Please find the enclosed
only and last Voodoo3 driver in Alfa version for MEDIATOR
written by Mr. Frank Mariak. This driver was prepared
solely for presentation purposes and may only be used
in this way.
This driver was never bundled with MEDIATORs, contrary to
the information in the DCE & VFD's announcement.
Please consult the enclosed text file disclaimers by Mr. Mariak in
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