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Subject: Re: Fidelity '9' Level

Author: Steven Schwartz

Date: 17:42:56 08/24/99

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On August 24, 1999 at 18:07:15, Mark Young wrote:

>On August 24, 1999 at 16:44:20, Steven Schwartz wrote:
>
>>On August 24, 1999 at 16:24:11, Ian Osgood wrote:
>>
>>>On August 24, 1999 at 00:50:27, Lin Harper wrote:
>>>
>>>>         I've got an old Fidelity '9' Level computer which froze
>>>>         up when I tried to use it after it had sat for a year or
>>>>         more. Someone told me this happens with non-use. Does
>>>>         anyone know if there is anything I can do to correct this
>>>>         problem? The company was bought out I believe and there's
>>>>         nowhere I know of that I can take it to have it fixed :(
>>>>           When I turn it on I just get the 'beep' and the e2 and
>>>>        e4 lights come on,then nothing else happens. Any advice would
>>>>        be appreciated, it's not the value of the thing, but it's for
>>>>        my collection, and I'd like it to work.
>>>
>>>Actually, this was the correct behaviour.  It is giving you a hint for your
>>>first move.  Does it not respond after this?
>>>
>>>This was my first computer... a good value in its day.
>>>Ian
>>
>>That's not the way I remember it. I believe one light lit up at
>>the bottom of the board to show that it was white'e move. What
>>you are experiencing is not good news in light of the fact that
>>Fidelity has been out of business for about 8 years now.
>>
>>The "9" brings back mixed emotions. Fidelity sued us for 1 1/2
>>million dollars back in 1985 over that machine because we refused
>>to advertise the company's line that the machine played "Over 2000"
>>rated chess. We guaranteed "Over 1700" chess.
>>- Steve (ICD/Your Move)
>
>....what happend with the case.

The case started in 1985 and ended in 1991. I had to travel
to my attorneys in Florida (that is where we were sued) on
numerous occasions. Dozens of people were deposed including
many from the U.S. Chess Federation. The Federation, of course,
took the company line and advertised "Over 2000".

I have always been of the opinion that Fidelity took this
action because we, having sold all chess computers from all
manufacturers, was a threat to Fidelity, and they thought
that by suing us, they would reward the Federation for
pushing Fidelity product and push all Fidelity sales to them.

The case went to trial in 1991 and lasted three weeks. Fidelity
tried to convince the jury that a full page ad which we ran in
Chess Life magazine (The Federation publication) in September of
1985 saying that the Sensory 9 played "Over 1700" damaged them
to the tune of 1.5 million dollars. Why? Because Fidelity was
telling all their distributors that the 9 was playing "Over 2000"
and we caused them to lose about 50,000 Sensory 9 sales. In
fact, the Federation at that time had just about 50,000 members,
so that meant that ALL were planning on purchasing a "9" and
our "Over 1700" ad convinced ALL of them not to.

Well, the jury deliberated for less than 1/2 hour. As they were
filing back into the room, one of the jurors looked over at
me and gave me a "thumbs up". We were, of course, "not guilty".
But the saga cost, believe it or not, $700,000 in attorney's
fees on our side. Fortunately, we were covered by insurance and
Aetna picked up every penny.

It was scary but possibly one of the most fascinating times in
my business life. I learned an awful lot about dealing with suppliers.
- Steve (ICD/Your Move)



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