In early 2002, Bill Gates made the official introduction and they changed its name to Windows Media Player 9. In our view this incorporates information they were given under a special non-disclosure agreement, and uses our patents without a licence.
At that point, we realised that we had been had, but we were able to find a couple of very good law firms that were willing to represent us on a contingency basis. So we filed a suit against Microsoft to try and resolve it.
They have our technology, there is no doubt about that, and we see that as a great validation of our technology, but we haven't been paid yet, so the lawsuit is an attempt to be paid.
Q: Were you concerned from the outset that this kind of might happen?
We were aware of Microsoft's reputation, but we had no choice but to work with them. Microsoft had -- and still does have -- a monopoly over the PC desktop. They also have strong influence in other areas, so there was no way we could be in our business and not deal with Microsoft.
However, we did do our best to protect ourselves. We negotiated a special non-disclosure agreement -- it wasn't the standard one. We also put our best foot forward and took a lot of time to try and ensure that we would not be taken advantage of.
They had a reputation and it appears they are living up to it, but we would like to believe that it is possible to have a favourable and mutually beneficent relationship with Microsoft. Even today, we would rather not be suing them, we would rather be working with them -- they forced us into this corner. We have been in this business for 16 years and all we really want is to get paid for the contribution we made.
Q: What advice would you give to a small company thinking about doing a deal with Microsoft?
That is a tough question, because the advice I would like to give them is just make sure you do a good job of protecting yourself, put your best foot forward and everything will work out, but that is what we did and we are still waiting to find out if everything works out. I'd have to add something -- have your lawyers ready just in case it doesn't work out!
At this point, I have faith in the justice system but more than that -- and time will tell if I am correct or not -- but I have faith in human beings and would like to believe Microsoft is a collection of human beings who are capable of doing the right thing.
The corporate soul may be tarnished but on an individual basis, it is possible to redeem themselves. I know that sounds like a naive statement, but if you don't look at the world in that way, it is a pretty ugly world you're left with.
