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

Searchable threads in one long post:

David Levy steals from sick children

In public records written to games rights owners by David Levy, David confirmed that payments would be due to them for the use of their games in the original Vega console. This offer was a royalty to the rights owners (or for the rights owners to donate to GOSH - the sick children's charity) and also a matching extra royalty from Retro Computers Limited to GOSH. This was in addition to the donation on behalf of SKY for the use of the rights to the ZX Spectrum brand.

Levy tried to convince SKY that all the correct donations had been paid to GOSH as well as rights owners, when public records, emails and confirmation from the ex-directors have repeatedly stated that these figures where not just incorrect, but a complete pack of lies. The income that should have gone to GOSH to help sick children was instead funnelled into the pockets of David Levy, Suzanne Louise Martin, and Janko Mrsic-Flogel.

David Levy steals from sick children

It is currently unknown how much of the money that should have gone to GOSH was spent on David Levy’s obsession ‘Coding for Kids’, in which he attempted (and failed) to gain traction in schools and assisting children around the UK. It is understood that Levy made contact with various teaching bodies and also schools and teachers. It is unclear how schools would have reacted to his attempt to work with children, in light of Levy's support and obsession with child sex robots and their use by paedophiles.

The money that should have gone to games rights owners and charity payments were not made correctly, as despite the fake figures Levy submitted to SKY – it has been confirmed many times the £20,000 which was paid was ONLY the payment for the first 4,000 units of the original Vega, and does not cover the estimated 6000-7000 further units made and sold by Levy and Martin, whilst keeping the money for themselves.

The original promise to GOSH and games rights owners was written by David Levy and published on the RCL website on December 14th, 2014:

Beige jacketed cloud headed fraudster David Levy

To All Sinclair Spectrum Software Rights Owners

Our launch announcement for the Sinclair Spectrum Vega has been a success well beyond our wildest expectations. We set ourselves what we considered to be a reasonable target – reaching £100,000 in our Indiegogo campaign within 2 months, and we achieved that in less than 36 hours! This gives us the funds that Retro Computers Ltd need to cover all of the start-up production costs, including the manufacture and distribution of the first 1,000 Vega computers. Because we ran out of the first 1,000 Limited Edition units so quickly we are now offering games enthusiasts the opportunity to reserve one of the Vegas from the second Limited Edition production run of 3,000 units, which will secure them a Vega within 2 months or so of the first 1,000 reaching their owners. Anyone who pledges for our “Kilobyte Plus” Indiegogo offering will be notified shortly before we are ready to release the next 3,000 units and will then be able, if they wish, to purchase a Vega at the pre-retail price of £100.

We are also very pleased at the number of Spectrum software rights owners who have already given us permission to include some or all of their Spectrum games in the Vega hardware, in return for which we will be making a combined donation of £5 per Vega to Great Ormond Street Hospital Children’s Charity. This amount is fixed, and is based on our estimate of what the trade (wholesale) price of the Vega would have needed to be for the first 4,000 units had they been sold in the shops, which in turn is based on our estimates of the various costs involved in preparing for and embarking on the manufacture of the product.

All of the above plans will put Retro Computers Ltd on a sound financial footing for the first two Limited Edition production runs of the Vega, and at the same time make a significant contribution to the charity.

Following on from these successes we are now announcing our software rights owner policy for production runs subsequent to the first 4,000 Vegas. By then we will have amortized the cost of the steel tools used to manufacture the ABS case of the Vega and the elastomer for the keys, as well as various other one-off costs associated with putting the Vega into production. More importantly, we then expect to be manufacturing in larger quantities for the retail market in the UK and abroad, so there will be economies of scale that can be achieved in the manufacturing cost and therefore in our trade (wholesale) selling price. We do not yet know what the longer-term pricing of the Vega will be and we are therefore making our longer-term offer to Spectrum software rights owners a percentage of our net receipts from sales, which is the trade price of the Vega when it is sold through retail outlets, and our selling price (excluding postage and packing) when it is sold from our web site.

Our longer-term offer to Spectrum software rights owners is this. We will make a donation of 10% of our net selling price to Great Ormond Street Hospital Children’s Charity. In addition we will make a pro-rata payment based on the same amount to whichever you prefer – the charity or yourself. So if, for example, you give us permission to use 10 of your games in the 1,000 games provided in the Vega, you or the charity will receive 1% of that additional amount, since 1% of the games in the Vega will be your games. The payments to Great Ormond Street Hospital Children’s Charity will be made every quarter. The payments to rights owners cannot be made so frequently because of the administrative costs involved, so we will be making those payments annually, by the end of January for sales in the previous calendar year.

We invite all of you games developers and Spectrum software rights owners to accept our invitation to support the Vega project and Great Ormond Street Hospital Children’s Charity in this way. We are therefore asking for your permissions to include your games in the Vega ROM. If you do decide to accept our invitation please contact us via this link, giving us the names of your games for which you are granting us permission, and to tell us whether you prefer us to donate the additional amount to the charity or to pay it to yourself.

Contact Us Here

All those software rights owners who do so will be named, together with their games, on our company web site, and there will be a similar credit on the software “Roll of Honour” which will be displayed when users power up their Vega games computer. All those software rights owners will also be invited to the Vega launch party in London next spring.

If you do not want your games to be incorporated in the Vega ROM please contact us in the same way as above, giving us your contact details and a list of the games that you do not want to be in the Vega ROM.

Thank you.

[Chairman – Retro Computers Ltd.]

— David Levy

David Levy Vega software rights contract to GOSH and games rights owners

Here are the 22 pages of leaked emails from David Levy:

David Levy steals from sick children p01

David Levy steals from sick children p02

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David Levy steals from sick children p04

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David Levy steals from sick children p13

David Levy steals from sick children p14

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David Levy steals from sick children p16

David Levy steals from sick children p17

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David Levy steals from sick children p22

Text version

David Levy <davidlevylondon@yahoo.com>
To:Suzanne Martin
Feb 12 at 8:33 PM
Dear Anoushka,

Thank you for your email and letter of February 8th.

We are surprised that you are not treating the agreement dated October 4th 2016 to be valid and in force, even though it was never signed. Priya Gandham asked us to sign it and confirmed that Sky would then countersign - please see the first paragraph of the section of my email of December 22nd headed "Our detailed response to your letter of December 12th". As I explained in that email, we have been working on the basis of that agreement ever since the commercial terms in it were agreed on February 12th 2016, and everything we have done, planned and all spending by RCL since then has been done in the belief that RCL had a new agreement.with Sky. I explain this so that you may understand why we continued working on the Vega+ project even though the new agreement had not been signed.

The core problem however is Sky's natural concern that the brand will be adversely affected by the current situation. We fully appreciate the problem and have been doing our best to ameliorate it through our efforts to bring the Vega+ to our crowdfunding backers. We accept that the delay causes problems for Sky and we very much regret that. The delay also causes severe problems for ourselves individually and for RCL. The only way these problems will be put to rest and all reputations salvaged, is for the Vega+ to be delivered. That would satisfy most of the backers, roughly 95% of whom have never complained to us or on our Indiegogo page. If for any reason we are unable to deliver to the backers the damge to the Sinclair brand and to ourselves, individually and corporately, will be immeasurably worse, as there will be 4,700 backers who lose their pledge money.

We appreciate that your preferred route is not to prevent us from completing the assembly and delivery of those 4,700 units of the Vega+, and we understand that your proposal to grant us a short extension has been made with the best of intentions in mind. As you note, we have estimated that deliveries to the backers will start in April. But the details of your proposal as it stands would make it impossible for our manufacturer to go ahead with assembly because of the nature of RCL's arrangement with them. The actual number of units we need to have assembled is not 4,700 but 10,000, the extra ones being for the retail market. It is the profit margin on those extra 5,300 units, together with £70,000 already paid in advance to the factory, and a £100,000 materials bond, which will justify the factory going ahead. And although we expect to start making deliveries to backers in April, the delivery of all 4,700 units to them will be over a period - April is the start. If Sky insist on a particular date for delivery, the factory will not take the risk of being late and so they will not order the components they need to supplement those components which they already have in stock.

Another problem we would face under the conditions of your proposal is that it would prevent us from completing the assembly and sale of some 8,000 units of the original Vega product, which sale will provide RCL with essential revenue, since the components for all those units are already in stock at the factory. If we do not complete and sell these units, which would take the total sales of the Vega to 20,000 units, we will not be able to have the £100,000 materials bond returned to us.

We ask you to consider these problems with which we are faced, and please come back to us with a modified proposal that woudld allow RCL and the factory to proceed.

Kind regards,

David Levy


From: "Sandry, Anoushka (Legal Counsel)" <######@sky.uk>
To: David Levy <davidlevylondon@yahoo.com>
Cc: Suzanne Martin <suzannemartin@protonmail.com>; "Dews, Abigail (Paralegal)" <######@sky.uk>
Sent: Thursday, February 8, 2018 4:22 PM
Subject: RE: Retro/Amstrad IP [SKY-LDM.FID185729]

Dear David,
We have not spoken before but I have been reviewing this matter and am up to speed on all the background and correspondence.
Thank you for your email of 22 December. I attach a copy of my letter of today’s date.
Kind regards,
Anoushka
Anoushka Sandry
Legal Counsel, Intellectual Property
Sky UK Limited, Grant Way, Middlesex, TW7 5QD
T: 020 7032 3439
E: ######@sky.uk
cid:image002.png@01D394FC.B115C620


From: David Levy [mailto:davidlevylondon@yahoo.com]
Sent: 22 December 2017 13:10
To: Dews, Abigail (Paralegal)
Cc: Suzanne Martin; Corbett, William (Legal Counsel); Bryant, Jennifer; Lambert, Roger; ######@sky.uk; Priya Gandham
Subject: Re: Retro/Amstrad IP [SKY-LDM.FID185729]
Dear Abigail,
We read your email letter of December 15th with considerable dismay. For the past 21 months we have been working incredibly hard to bring the Vega project to fruition, battling against the numerous formidable attempts by our former M.D., Paul Andrews, and his cohorts, to bring about the collapse of our company. At all times we have endeavoured to ensure that we are not in any way bringing the trademarks into disrepute, which is one of the reasons why we have not publicly responded to the more than 30,000 Tweets and other online postings by Andrews, Darren Melbourne, Nicholas Cooper, and their small group of assistant trolls (5 or 6 in total) who have been creating the climate of hate against us. And we are now on the verge of being able to manufacture and ship the 4,700 Vega+ units destined for the crowdfunding backers. Our final tooling was completed a couple of weeks ago and we now have finished plastics which look absolutely wonderful, highly praised by our testers who are all from the Spectrum community. The look of the Vega+ will be a great credit to the trademarks.


Before responding in detail to your letter I would like to recap on how and why the attacks against us started and have been sustained and increased during that 21-month period. It is important for anyone trying to understand the situation, as some of your colleagues at Sky are doubtless doing, to know this background, and for this reason I am cc-ing everyone at Sky with whom we have had contact in the past. Some of this information should already be known to Sky by way of our earlier correspondence.
How the dispute started
The dispute broke out on March 18th 2016. The cause of the initial dispute was that our two erstwhile directors, Paul Andrews and Chris Smith, created a conflict of interests by hijacking a retro games console project, namely a retro version of the Commodore 64, that the three of us had all agreed would be a Retro Computers Ltd project. The details of the hijacking are summarized in pages 2-7 of my document (attached) from November 17th 2016, “Retro Computers Ltd dispute”.
Matters were aggravated in late March 2016 when we were approached by a freelance journalist with information about a Holocaust themed game, showing Nazis torturing children, which Andrews had previously attempted to have developed and marketed. The journalist wanted to know if our company planned to include that game in the Vega+. As a result of this information, which was completely new to Suzanne and myself, I wrote to Andrews on March 29th 2016 (letter attached), asking him to resign as a director. On April 8th Andrews did resign, as did his friend and co-director Chris Smith. Had Andrews not done so, and had the journalist published a story about the Holocaust game and linked it to our company, the effect on our company and our products, including the trademarks, would have been unfortunate to say the least.

The company in which Andrews and Smith each hold 25%, and which had been set up to develop and market the retro Commodore product, is called Retro Games Ltd, a very similar name to our own, and was initially registered at Andrews’ office address in Luton, as was our own company. The other two 25% shareholders are Darren Melbourne and his friend and business colleague Paul Gouge. The registered office address of Retro Games Ltd has since been changed to Darren Melbourne’s home address in Harrogate. All of the details of the shareholdings, directorships and registered office address of Retro Games Ltd can, of course, be found on the Companies House web site.

The dispute became further aggravated when Suzanne started to investigate what had happened to tens of thousands of pounds in sales revenues which our company was owed by Argos and other retailers. It soon transpired that our company’s sales agent – Cornerstone Media International Ltd – and its owner/director Nicholas Cooper, had misappropriated all the Argos revenues and most of those from some of our other retailers. The scam by which Cooper did this is described in the attached document “Police document February 22nd 2017”, which was compiled by me at the request of the Metropolitan Police (Detective Constable Daniel Levy [no relation] at Colindale police station). As can be seen from this document, Cooper’s scam relied on the setting up of a “Retro gratis account” at our distribution fulfilment house, Cinram. That gratis account was set up by Andrews, who had been friends with Cooper for some 17 years, had done business with him, and was responsible for proposing that our company use Cooper/Cornerstone as our sales agent.

Eventually, after several court hearings and six court orders being made against Cooper and Cornerstone, he put Cornerstone into liquidation and on November 3rd 2017 declared himself bankrupt. (We have evidence to suggest that he has concealed significant assets.)

The day after part of Cooper’s scam was laid bare, so Cooper and Andrews knew we had rumbled them, the online campaign of harassment and intimidation against us started, with Andrews, Cooper and Melbourne being amongst the most vociferous. Since then the campaign has steadily grown in intensity and volume. In parallel with the online campaign Andrews and Melbourne have contacted just about all of our company’s important trading partners and contacts, attempting to discredit us, to destabilize our company, prevent us from completing the development and manufacture of the Vega+, and thereby bringing about the collapse of Retro Computers Ltd.

When the campaign started we realised that there are obvious reasons why it would be very much to the advantage of Andrews, Melbourne and Cooper to kill off our company.

[1] It would make it much easier for Andrews and Cooper to cover up the scam over the missing sales revenues.
[2] It would make it impossible for our company to take legal action against, Andrews, Smith and Retro Games Ltd, in the event that they are able to launch and make a commercial success of the retro Commodore project.
[3] It would remove the Vega and the Vega+ as competing products (competing against their Commodore product) in the retro console market.
The police investigations are continuing, but slowly. In addition to the Met investigating the online harassment and the fraud (misappropriation of sales revenues); the City of London police recently started to look at the hacking of our web site; Luton police are investigating Andrews for illegally obtaining access to our company’s bank account (as confirmed by Barclays) and publishing details of our company’s confidential banking information; and Kent police (where Suzanne lives) are investigating some of the online abuse against Suzanne. The trolls have been saying the most terrible things about us online, including repeatedly suggesting to Suzanne that she commit suicide, and repeatedly accusing me of being a paedophile.

The fact that Suzanne and I are still working to deliver the Vega+ surely shows how determined we are to avoid bringing the trademarks into disrepute, even more so when one considers that both of us have now been working for nothing for the past 13 months.
Our detailed response to your letter of December 15th
We consider the agreement dated October 4th 2016 (attached) to be relevant. The attached copy was sent to us by Priya Gandham on October 5th 2016 but according to our records the royalty terms had actually been agreed between our respective companies on February 12th 2016. We have been working since then on the basis of the new royalties (0.5% of net sales price). As you can see, Priya asked us in October 2016 to sign it and confirmed that Sky would then countersign. Please note my email to Priya on October 12th 2016 (attached). We never received an answer to that question, which is why the agreement was never signed, even though its royalty terms had been agreed. (Kindly note that when printing Priya's attachment the date is automatically changed to the date of printing, but when viewed before printing the date can be seen as October 4th 2016. I am forwarding Priya's email to you in parallel so you can confirm this.)

We apologise for the tardiness of our providing sales and royalty reports in the past. There were various reasons for this, most notably we were missing information which was not provided by Andrews in the handover when he resigned. As Andrews had been responsible for our company’s sales and marketing, and for handling our finances, his obstruction in failing to hand over all the company’s financial and sales records has caused us various accounting and other problems, of which reporting on sales and royalties is just one. As a result we did not know (and to some extent still do not know) exactly how many Vega units had been sold, or to whom, and at what price.

Since receiving your email letter of December 15th we have re-examined all the sales and pricing information at our disposal and made what we believe are reasonable approximations in order to determine a total royalty figure to date which we believe reflects the aapropriate agreements.Here is the sales and royalty information from the very beginning, up to date as at November 30th 2017. We have supporting documentation for all this information should you require it.

The number of units of the Vega manufactured before production was suspended in November 2015 was either 11,070 or 11,085. (The factory have given us both figures at various times since then. We shall assume that the higher figures is correct.)

At least 200 sample units were sent FOC to various potential retailers in the UK and abroad.
At least 250 units were given away for PR purposes.
Approximately 300 units are still in stock.
At least 1,330 units were sold by our sales agent Cornerstone Media International Ltd (Nicholas Cooper) but for those units we did not receive any sales revenues.

The total of the above is at least 2,080 units.

11,085 - 2,080 = 9,005 units, so we could not have sold and received payment for more than 9,005 units.

The first agreement, dated May 22nd 2014, allows for the first 1,000 units to be royalty free.

The second agreement, dated April 27th 2015, provides for a royalty of £5 per unit for the first 3,000 units and then 10% of net sales price for subsequent units, where "net sales price" means our price less taxes and production costs.

The third agreement, which states in Recital (E) that it supercedes both of the previous agreements, confirms a royalty rate of 0.5% of the recommended retail price.

So for the first 4,000 units sold, the total royalty payable under the first two agreements was £15,000.
For the remaining 5,005 units (i.e. 9,005 - 4,000) our calculation is as follows:
(a) Units sold prior to February 12th 2016 were subject to the second agreement and so the royalty is 10% of the net sales price (cf the second agreement).
(b) For units sold from February 12th 2016 onwards the royalty is 0.5% of the RRP, which was £100.
Those 5,005 units were sold over the period October 2015 to November 2017, a total of 25 months, an average of 200 units per month. Using that average figure, the total number of units sold under the terms of the second agreement works out at almost exactly 1,000, with the remaining 4,005 being sold under the terms of the third agreement.
Calculating the average net sales price precisely is not possible because, as already explained, Andrews did not hand over any relevant sales information when he resigned. When the Vega first went on sale our gross target sale price was £60, with discounts to Argos at £50. But when the sales became sluggish we had to reduce our gross selling price, in steps, so that our current gross price is £32, at which we are actually making a loss but it is generating cash flow. To be safe we have assumed here that £60 was the gross selling price for all units up to January 2016. The production costs (excluding shipping costs and Cinram's commission) were £30.61 per unit (the price we are charged by SMS). We have therefore made our royalty calculation on a net sales price for those 1,000 units very close to £30, which is generous, so the total royalty under the second agreement was around £3,000 (i.e. £1,000 x £3).
For the 4,005 units sold under the third agreement the royalty was 0.5% of the RRP (i.e. £0.50p per unit), making the total royalty for those £4,005 units almost exactly £2,000.
The grand total royalty for the 9,005 units is therefore: £15,000 + £3,000 + £2,000 = £20,000, which is exactly what we have paid GOSH.
Bearing in mind that, because of Andrews failure to provide the information, we lack the detailed information necessary to calculate the exact amount in royalties which should have been paid to GOSH. If Sky believe that the information we have provided here should lead to a different amount in royalties, please let us know and we will consider your comments.
You have already received the letter from GOSH confirming that we had already paid them £20,000.

Regarding the question of bringing the trademarks into disrepute, the main complaint against us, which has been made and encouraged by Andrews and his team of trolls, is that we have not yet delivered the Vega+ to our crowdfunding backers. This is true – we are more than a year late, but delays are nothing new in the consumer electronics industry and even major companies such as Sony and Apple are sometimes beset by such delays. One Kickstarter project was delivered 3 years late!

In our case the principal reason for the delay has been the withholding by Andrews and Smith of the company’s Vega+ IP. By the end of 2015 the Vega+ software was almost ready to go into production, but their refusal to hand it over (on a pretext) meant that our company had to commission completely new software to be developed, which has been a costly and time-consuming exercise. Meanwhile, Andrews, Melbourne, Smith and Gouge are also a year late in delivering the retro Commodore product (called the “C64”) to their own crowdfunding backers, and in fact they have announced that the product for which they launched their crowdfunding campaign will not now be produced, but that Retro Games Ltd will instead be manufacturing two other products based on the Commodore 64. So their sniping at us is very much a case of the pot calling the kettle black.

Regarding the negative coverage on “The Register” web site, to which your letter refers, this was written by Gareth Corfield who has been and still is actively supporting Andrews and Melbourne, and thereby helping to cover up what Andrews has done. Corfield's approach has been to misreport and misrepresent the facts in order to cast us and our company in as bad a light as possible, and he has also been joining in with the truly hateful trolling.. His articles about us display a great deal of bias, and although he clearly devotes considerable time to talking to Andrews and Melbourne he has adopted the policy of asking us to comment within an impossibly short time - a couple of hours or so - whenever he decides to write something about our company. Regarding the BBC article to which you refer, the author of that article was the subject of an earlier complaint we made to the BBC about unprofessional journalistic practices, so she is similarly biased.
At a very early stage in the campaign being waged against us by Andrews, Melbourne, Cooper and others, we were advised by our lawyers and by the police not to respond to the trolls, as it would only encourage them even more to disparage us and everything about the Vega+. This advice was repeated a number of times. It was/is, as you can imagine, very tempting to debunk the trolls online, but we decided at the outset to follow the legal and police advice and bite our tongues, accepting the argument made by those advisors that the best way to stop the trolls from sniping would be to prove them wrong by delivering the Vega+ to our backers, which is precisely what we have been working towards. The worst possible outcome for the trademarks, for our company and for ourselves personally, would be for the project to fail, leaving the 4,700 backers without their Vega+ consoles. We absolutely have to deliver to the backers, for their sakes alone, as well as for the good of the trademarks and for the commercial benefit to our company of the retail sales which will begin as soon as all the backers have received their Vega+ units.

Our position regarding the Vega+ is that, unless Sky prevent us from doing so, we will complete the manufacturing process and deliver to our backers and pay royalties in accordance with the third agreement between us (of October 2016). And as part of the same production run we will provide our new distributor, PQube, with product for the retail market. Clearly, if Sky do not allow us to do this, Andrews, Melbourne et al. will have won and destroyed our company, forced it into liquidation, deprived our 4,700 backers of their Vega+ units, and made everyone involved (apart from themselves) lose out. The best result for everyone (except Andrews, Melbourne et al.) would be for us to ship the first 4,700 Vega+ units to our backers and to then go on to make a success of the business.

Summary

We very much hope that this response and the various attachments will make Sky realise that we have been doing as much as is reasonably possible, under very difficult circumstances, to help the trademarks retain their good name. Sir Clive Sinclair and I have been good friends for almost 25 years, and I would never do anything against the interests of his good name.

We have asked on various occasions for a meeting with Sky to discuss the Vega+ project, but up to now the relevant people at Sky have not had the time to meet us. If you would now agree to a meeting we could show you the beautiful Vega+ and answer any further questions you might have.
Kind regards,
David Levy
[Chairman – Retro Computers Ltd]


From: "Dews, Abigail (Paralegal)" <######@sky.uk>
To: "davidlevylondon@yahoo.com" <davidlevylondon@yahoo.com>
Cc: "suzanne@suzannemartin.com" <suzanne@suzannemartin.com>
Sent: Friday, December 15, 2017 5:38 PM
Subject: RE: Retro/Amstrad IP [SKY-LDM.FID185729]
Dear David
Please see the attached, which we are also sending by recorded delivery to the registered address of RCL.
Please respond to our satisfaction within 7 days or we will be forced to consider terminating our agreements.
We look forward to hearing from you shortly.
Kind regards
Abigail Dews
Paralegal – Intellectual Property
Tel: 0207 900 8565 | Email: ######@sky.uk
Sky UK Ltd | Sky Central Floor 2 Neighbourhood 1 | Grant Way | Isleworth | Middlesex | TW7 5QD


From: Dews, Abigail (Paralegal) [mailto:######@sky.uk]
Sent: 27 November 2017 14:34
To: davidlevylondon@yahoo.com
Cc: suzanne@suzannemartin.com
Subject: RE: Retro/Amstrad IP [SKY-LDM.FID185729]
Dear David
Thank you for your email enclosing sales information from September 2016- August 2017.
We have reviewed our files and cannot find any evidence we received previous financial data concerning the sales made between 22 May 2014 - August 2016. Please could you re-send the details of the sales made during this period by no later than 11th December 2017.
We would like to highlight that, at present, an agreement for the Vega + has not been signed. Before Sky can enter into any new agreements we need to clarify the financial position under our existing agreements. Were Retro Computers intending to sell the Vega + before this was in place?
Please continue to hold future royalties for the RNIB. We have asked the business to provide us with details of the relevant contact there and will put you in touch in due course so that you may arrange to make payment.
In the meantime, we look forward to receiving the full details of the sales made during 22 May 2014 – August 2016.
Kind regards,
Abigail Dews
Paralegal – Intellectual Property
Tel: 0207 900 8565 | Email: ######@sky.uk
Sky UK Ltd | Sky Central Floor 2 Neighbourhood 1 | Grant Way | Isleworth | Middlesex | TW7 5QD


From: David Levy [mailto:davidlevylondon@yahoo.com]
Sent: 07 September 2017 17:22
To: Dews, Abigail (Paralegal)
Cc: Suzanne Martin
Subject: Re: GOSH review [SKY-LDM.FID185729]
Dear Abigail,
I am responding re your royalty statement because Suzanne's email system has been hacked. She will notify you of a new email account as soon as it has been set up.
I am attaching your royalty statement for the period September 2016 to August 2017 inclusive. (You already have the statement up to date as of the end of August 2016.)
Of the money currently due, a small amount will be due to GOSH but most of it should go to the RNIB as you have advised us of the change in the beneficial charity. Please let us have the appropriate contact name at the RNIB so that we can arrange to make the payment.
In addition to the units listed in the statement we are aware of at least 1,350 units which were sold by our company's former sales agent, Cornerstone Media International Ltd, and its owner Nicholas Cooper, outside the scope of his contract, but for which Mr Cooper kept all the sales revenues. Our company has been in litigation with Mr Cooper since August last year and we have five Court Orders against him, all with punitive wording, by which we are seeking to follow that money and recover most of our legal costs in the action. We can provide those Orders to you upon request. Mr Cooper put his company into liquidation in January of this year, but the Judge has made him personally liable for the money so we are still pursing the matter. Should we ultimately be successful the appropriate royalty amount will be added to a subsequent statement.
As you are aware our company, and particularly Suzanne and myself, have for the past 16 months been the victims of a horrendous online campaign of abuse, witness intimidation and harrassment, orchestrated by our former Managing Director Paul Andrews and his friends Nicholas Cooper and Darren Melbourne. (Mr Melbourne and Andrews are business partners in a company with a very similar name to ours - Retro Games Ltd - in which they are attempting to manufacture and market a Commodore 64 retro product.)
We started reporting this campaign to the police in August last year but for a while they did nothing about it. In December a detective in the Metropolitan Police was assigned to the case and he has since been investigating not only the online campaign but also the fraud perpertrated by Cooper and Andrews by which a substantial amount in sales revenues was misappropriated. He is working on 19 other cases at the same time, so his progress has been slow up to now, but he has been making progress. In addition to those investigations a detective in Luton police and Barclays Bank fraud department are now investigating a more recent matter - the attempts by Andrews last month to gain access to our company's bank account, by repeated visits to Barclays branches in Luton as well as by sending emails and making repeated phone calls to the bank in attempts to navigate the bank's security procedures.
In addition to the online campaign aimed at our company and ourselves, Andrews, Cooper, Melbourne and a few other Andrews acolytes have been doing everything they can to destabilize our company and prevent us from delivering the Vega plus to the 4,700 backers from our Indiegogo crowdfunding campaign and to the retail market. After Andrews slowed us down considerably by refusing to hand over the company's IP, which meant that we have had to commission completely new software for the Vega plus, they then attacked us online for the very delays that their actions have caused. Their activities include contacting the rights owners of all the games we incorporate into the Vega, and encouraging them to withdraw their permissions to use the games in the Vega and to refuse to allow us to use their games in the Vega plus. Some of those rights owners who are friends of Andrews or Melbourne have indeed withdrawn their permissions, but we have such great support from the majority of rights owners that we have been able to add other games to fill the gaps, so that the Vega plus will still come with 1,000 games and we will amend as necessary games in future production runs of the original Vega product. The support we have had from the majority of rights owners reflects the overwhelming support from the community in general.
The ZX Vega plus first went live in November at Wired 2016 and Wired Next Generation, where it was one of twenty invited brands hand picked by Wired to showcase the latest innovations, products and technologies at their infamous test lab. This exposure enabled us to present directly to consumers for the first time, with visitors across the age spectrum expressing their delight in the product. We had been expecting former Spectrum owners to be our biggest market by far, but we were also pleasantly surprised by the enthusiam shown for the Vega plus by the many schoolchildren who played with it at Wired.
At the Wired events we were also able to hear some of the biggest tech innovators on the planet share their personal stories of how the ZX Spectrum shaped their childhood, their teen years and ultimately their chosen career path. From our experience at Wired we knew we had created something special. We now predict that the Vega plus will far outsell the Vega as a fully portable crosss-generational product, partly because we were overwhelmed by the response we received from the younger delegates in the interactive zone at Wired, which was dedicated to inspiring young minds: 12-18 year olds fascinated by digital technology and innovation.
Despite all the difficulties we have faced in the past months we are fully committed to delivering a product that honours the integrity of the Sinclair Spectrum brand and legacy. We expect to start delivery of the Vega plus next month, with the units to backers being the first to come off the production line. We would be very happy to visit you and show you the Vega plus, and to answer any questions you might have.
Kind regards,
David Levy
[Chairman - Retro Computers Ltd]


From: "Dews, Abigail (Paralegal)" <######@sky.uk>
To: "suzanne@suzannemartin.com" <suzanne@suzannemartin.com>
Cc: "davidlevylondon@yahoo.com" <davidlevylondon@yahoo.com>
Sent: Thursday, August 24, 2017 9:45 AM
Subject: RE: GOSH review [SKY-LDM.FID185729]
Dear Suzanne
We note that we have not received a response to our requests for full details of the sales made throughout the duration of all agreements so far.
Please could you provide these details as soon as possible so that we can ensure that appropriate royalties have been paid to charity. We are seriously concerned about the lack of reporting, particularly in light of reports that other rights holders have withdrawn permission for you to use their IP (https://www.theregister.co.uk/2017/06/26/retro_computers_ltd_games_pull_unpaid_royalties/). In the absence of satisfactory information by Thursday 7th September 2017 we will be forced to consider our position under the terms of our existing agreements.
I look forward to hearing from you very shortly.
Kind regards,
Abigail Dews
Paralegal – Intellectual Property
Tel: 0207 900 8565 | Email: ######@sky.uk
Sky UK Ltd | Sky Central Floor 2 Neighbourhood 1 | Grant Way | Isleworth | Middlesex | TW7 5QD


From: Dews, Abigail (Paralegal)
Sent: 28 July 2017 17:10
To: 'suzanne@suzannemartin.com'
Cc: 'davidlevylondon@yahoo.com'
Subject: RE: GOSH review [SKY-LDM.FID185729]
Dear Suzanne
Thank you for your email and your offer to show us the Vega+. Unfortunately, due to other priorities we are very busy during this time. Rather than a meeting please send us images of the Vega + which we can circulate to relevant colleagues to show what Retro Computers have been doing with our assets.
In the meantime, in accordance with our existing agreements, please could you provide full details of the sales made throughout the duration of all agreements so far. We note that this information was originally requested back in October 2016. We are concerned to ensure that appropriates royalties have been paid to charity.
I look forward to hearing from you.
Kind regards,
Abigail Dews
Paralegal – Intellectual Property
Tel: 0207 900 8565 | Email: ######@sky.uk
Sky UK Ltd | Sky Central Floor 2 Neighbourhood 1 | Grant Way | Isleworth | Middlesex | TW7 5QD


From: Suzanne Martin [mailto:suzanne@suzannemartin.com]
Sent: 29 June 2017 18:03
To: Dews, Abigail (Paralegal)
Cc: davidlevylondon@yahoo.com
Subject: Re: GOSH review [SKY-LDM.FID185729]
Dear Abigail,
Many thanks for making contact, I am away on annual leave until the 12th July and I wondered if it might be possible to make an appointment to come and see you sometime after that? We would very much like to show you the Vega+ and also update you on sales of the original Vega.
Do please let me know when you are free anytime the week of the 17th July,
Kind reagards
Suzanne
Suzanne Martin
Managing Director
Retro Computers Limited
07971 300326


On 27 Jun 2017, at 17:34, Dews, Abigail (Paralegal) <######@sky.uk> wrote:

Dear David

Following our email below, we would be grateful if you could provide us with details of the sales made throughout the duration of all agreements so far, so that we are able to ascertain the royalties due to charity.

We understand, following an email we received back in April, that your web domain was hacked and that we should contact you on this address going forward. Please let us know if this has changed or if you would like us to contact you on a different address.

I look forward to hearing from you.

Kind regards,
Abby

Abigail Dews
Paralegal – Intellectual Property

Tel: 0207 900 8565 | Email: ######@sky.uk
Sky UK Ltd | Sky Central Floor 2 Neighbourhood 1 | Grant Way | Isleworth | Middlesex | TW7 5QD


From: Dews, Abigail (Paralegal)
Sent: 21 April 2017 11:30
To: 'david@retro-computers.co.uk'; 'suzanne@suzannemartin.com'
Cc: Corbett, William (Legal Counsel)
Subject: RE: GOSH review [SKY-LDM.FID185729]

Dear David

Thank you for your email below.

We understand that from October 2016 you have placed all royalties on hold pending confirmation of our new beneficiary. As discussed in my telephone call with Suzanne, our beneficiary is now the Royal National Institute of the Blind (RNIB). We will follow up with amended paperwork reflecting this in due course.

As discussed in our telephone call, we are reviewing the royalties due under our various licence agreements. We note the confirmation provided in Suzanne’s email on the 18th October confirming that £20,000 was paid to GOSH. However, in accordance with our licence agreement, we would be grateful if you could provide full details of the sales made throughout the duration of all agreements so far, so that we are able ascertain the royalties due to charity.

Thank you in advance for your cooperation.

Kind regards,

Abby


Abigail Dews
Paralegal – Intellectual Property

Tel: 0207 900 8565 | Email: ######@sky.uk
Sky UK Ltd | Sky Central Floor 2 Neighbourhood 1 | Grant Way | Isleworth | Middlesex | TW7 5QD


From: David Levy [mailto:david@retro-computers.co.uk]
Sent: 20 April 2017 11:28
To: Dews, Abigail (Paralegal)
Cc: Corbett, William (Legal Counsel); Suzanne Martin
Subject: Re: GOSH review [SKY-LDM.FID185729]

Dear Abigail,

Thank you for this.

Prior to your email the most recent we had received from Sky was Priya Gandham's of October 20th, which you have included in this thread, following which we put the matter on hold pending Priya's further instructions.

We are still awaiting instructions as to the details of the beneficiary who will replace GOSH, and for the appropriate contract amendments, to which Priya refers. Has there been any progress at your end in that regard?

Only a small amount would have been due to GOSH under our current contract with Sky, and that will now be paid to whoever is your new beneficiary. Suzanne can send you the details if you wish.

Regarding the article in "The Register", you might not be aware that its author, Gareth Corfield, is one of the cohorts of our former M.D. Paul Andrews, who, since he resigned on April 8th last year, has done his utmost to damage the company in all sorts of ways. We first made you aware of this in my email to Jennifer Bryant et al. on 4th October (see immediately below), and since then his campaign against the company has continued and intensified to the point that we have put the whole matter in the hands of the police. GOSH are aware of the behaviour of Mr Andrews and his cohorts, and are very sympathetic towards us, which you can confirm for yourself if you contact their Director of Corporate Partnerships Amit Aggarwal (amit.aggarwal@gosh.org).

If you need any more information about Mr Andrews and his attempts to destroy our company please let us know.

Kind regards,

David Levy
[Chairman - Retro Computers Ltd]


From: David Levy [mailto:david@retro-computers.co.uk]
Sent: 04 October 2016 14:53
To: Bryant, Jennifer; Lambert, Roger; Karia Rajiv (Legal & Business Affairs)
Cc: Suzanne Martin; Dr Janko Mrsic-Flogel
Subject: URGENT - PLEASE REPLY SOONEST: From Retro Computers Limited [SKY-LDM.FID185729]

URGENT - PLEASE REPLY SOONEST

Dear All at Sky,

It is now more than five months since Charlie Rothbart suggested that we would hear from someone regarding our contract with Sky, following her departure from your company. We had made contact with Charlie (see the emails below) in order to finalize the new contract which includes the manufacture and marketing of the Sinclair ZX Spectrum Vega+. Previously our erstwhile Managing Director, Paul Andrews, had negotiated the terms and, I understand, reached an agreement with Charlie.

This email is to bring you up to date on what has been going on in our world, and to move forward with the completion of the contract for us to launch the Vega+.

As you are probably aware our crowdfunding campaign for the Vega+ was a big success and we are in the process of finalizing the details of manufacture with the factory, SMS Electronics Ltd. We have developed our own new proprietary software for the Vega+, which is in no way dependent on the software for the Vega. Our new software offers additional functionality, including a USB connection for users who wish to attach a keyboard to the product. We have also been in discussion with some substantial distribution companies, all of which are significantly more substantial than our previous distribution agency, and we have made our selection as to which of them to use. The CAD drawings for tooling will be completed this week and we expect to receive the first sample plastics later this month. We will of course be sending you samples for your approval, as per our existing contract with you.

Up to now we have sent £20,000 to our chosen charity, Great Ormond Street Hospital Children's Charity, in accordance with our financial obligations under our current contract with Sky. We are late in sending a royalty statement, for which we apologise. This is due to the problems we have had to resolve caused by the lack of proper paperwork passed over to us when the erstwhile M.D. resigned.

Sadly our two erstwhile directors, Paul Andrews and Chris Smith, have been extremely obstructive since they resigned their directorships on April 8th. They had set up a rival company called Retro Games Ltd, with which they had hoped to develop and market a retro version of the Commodore 64 computer, but their own crowdfunding efforts fell short of target. They failed to hand over to our new management team much of the essential corporate paperwork and technical information which would have enabled us to continue the smooth running of the company, as a result of which we have had to spend several tens of thousands of pounds to put the company back on course. In addition we have discovered some financial irregularities which occurred during Mr Andrews’s tenure as Managing Director. That particular matter has been in the hands of our solicitors for some time. In an attempt to avoid the legal consequences of their actions, Mr Andrews and Mr Smith have been conducting a campaign of harassment and intimidation in the social media. But we have survived, and we are working intensively, with the support of the factory, towards the launch of the Vega+.

Please make contact with us as soon as possible so that we may conclude the agreement between Retro Computers Ltd and Sky. We would be very happy to visit you to discuss the project in person if that would be convenient for you.

Kind regards,

David Levy

[Chairman - Retro Computers Ltd]

david@retro-computers.co.uk
Telephone: 07717 220816
www.retro-computers.co.uk

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++


From: "Dews, Abigail (Paralegal)" <######@sky.uk>
To: "suzanne@suzannemartin.com" <suzanne@suzannemartin.com>; "david@retro-computers.co.uk" <david@retro-computers.co.uk>
Cc: "Corbett, William (Legal Counsel)" <######@sky.uk>
Sent: Wednesday, April 19, 2017 4:38 PM
Subject: RE: GOSH review [SKY-LDM.FID185729]

Dear Suzanne, David

We have come across the following article published on the register which contains allegations that Retro Computers Limited (RCL) have failed to make royalty payments to GOSH which are due under our licence agreement (http://www.theregister.co.uk/2017/04/19/retro_computers_supplier_royalties_dispute/).

As you will recall, our licence agreements require licensees to provide us with quarterly statements and accounts of royalties paid to GOSH. I understand that you were in the process of double checking the payments and were aiming to provide us with a breakdown back in October 2016 however, we have not received this financial information. In light of this and the allegations above, which are of concern, please could you provide a breakdown detailing the amounts RCL have paid to GOSH.

I look forward to hearing from you.

Kind regards,

Abby


Abigail Dews
Paralegal – Intellectual Property

Tel: 0207 900 8565 | Email: ######@sky.uk
Sky UK Ltd | Sky Central Floor 2 Neighbourhood 1 | Grant Way | Isleworth | Middlesex | TW7 5QD


From: Gandham, Priya [mailto:######@sky.uk]
Sent: 20 October 2016 18:18
To: Suzanne Martin; David Levy
Cc: Corbett, William (Legal Advisor - IP)
Subject: RE: GOSH review [SKY-LDM.FID185729]

Dear Suzanne

Thank you for your email.

Please do not pay any more royalties to GOSH but hold them for another beneficiary, which we will conform shortly (and provide contract amendments).

Kind regards

Priya

Priya Gandham
Paralegal – Legal and Business Affairs
Email: ######@sky.uk
Sky UK Ltd | Sky Central Floor 2 Neighbourhood 1 | Grant Way | Isleworth | Middlesex | TW7 5QD


From: Suzanne Martin [mailto:suzanne@suzannemartin.com]
Sent: 18 October 2016 18:23
To: Gandham, Priya; David Levy; Corbett, William (Legal Advisor - IP)
Subject: FW: GOSH review [SKY-LDM.FID185729]

Dear Priya,

Firstly, apologies Dr Levy asked me to follow up on your request to him for statements. I am just in the process of double checking this as one of the payments was calculated before I took over and I want to make sure we are 100% correct. I will come back to you very soon with a breakdown of payments and in the meantime please find attached a copy of a letter from Gt Ormond Street confirming our donations to date of £20k.

Apologies again for the delay.

Kind regards

 

Suzanne Martin
Managing Director
Retro Computers Limited.


----- Forwarded Message -----
From: "Gandham, Priya" <######@sky.uk>
To: "david@retro-computers.co.uk" <david@retro-computers.co.uk>
Cc: "Corbett, William (Legal Advisor - IP)" <######@sky.uk>
Sent: Friday, October 14, 2016 9:49 AM
Subject: GOSH review [SKY-LDM.FID185729]

Dear David

We’re reviewing our relationship with Great Ormond Street Hospital (GOSH) and need to understand how much money has been donated on our behalf by our licensees.

Our licence agreements require licensees to provide us with quarterly statements and accounts of royalties paid to GOSH, but I haven’t been able to find these from Retro. Please could you provide me with details of the amounts Retro has paid to GOSH, and ensure this information is provided regularly going forwards.

Kind regards

Priya

Priya Gandham
Paralegal – Legal and Business Affairs
Email: ######@sky.uk
Sky UK Ltd | Sky Central Floor 2 Neighbourhood 1 | Grant Way | Isleworth | Middlesex | TW7 5QD
<image002.jpg>

Information in this email including any attachments may be privileged, confidential and is intended exclusively for the addressee. The views expressed may not be official policy, but the personal views of the originator. If you have received it in error, please notify the sender by return e-mail and delete it from your system. You should not reproduce, distribute, store, retransmit, use or disclose its contents to anyone. Please note we reserve the right to monitor all e-mail communication through our internal and external networks. SKY and the SKY marks are trademarks of Sky plc and Sky International AG and are used under licence.

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<image002.jpg>

Latest Funky Spectrum RCL Videos

More terrible press for the much maligned console and to make matters worse, Sky have now insisted that the company no longer use the Sinclair name and its related trademarks.
(02/08/2018)

A tiny amount of the promised 400 have been spotted in the wild and there's not a single positive review.
(01/08/2018)

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