Vero Beach, FL
I have read every post on the other thread, talked with Barry at great length at Modern Pinball and will be the first one to say I do NOT know everything about this situation, but it may put a little light on what’s going on. My post could be completely wrong, but this is how I see it.
DP was started with 3 dudes saying they thought it would be cool to build a pinball machine. These 3 dudes were friends for many years.
They needed a way to facilitate the US market. They decide that since one of the 3 is a US citizen that he could head up the USA market. DB BV took Phil's word that he could take care of the US side of things, and DP BV could take care of manufacturing and Europe distribution. I feel that DP BV looked at Phil, with his education and general knowledge of how things work in the USA, that he had the ball. DP BV would move money by request to Phil from the DP USA account to the DP BV account to pay for expenses. These expenses could be getting the line up, advertising, and in the end, building the games.
Phil set up a paypal account that represented DP USA. For some reason, he attached his own SS number to that account. This could have been because of ignorance, being lazy, or per-meditated. who knows, but that's what happened.
Phil was irritated at DP BV at the DPO event. At that time, I was not aware of his illness. Maybe he knew about it then, I don't know. After seeing the dialogue between him and Barry, I only see Barry as trying to come to a calm resolution with Phil, wanting him to stay on until the pre-orders are done. I didn't see any ultimatums from Barry. Just a simple reply. And the shit storm started.
Phil locked out the other two partners from the assets of the Corporation (DP USA) that the three of them are partners in. Then basically started a shit storm by sending refunds that were not authorized by the other partners of the Corporation. If Phil truly wanted to make a clean break he easily could have done it.
-sent out a note on DP letterhead signed by the three partners. Stating that DP USA was either being dissolved and/or he was removing his interest in the Company. In this communication, the outline of how the pre-order deposits would be handled. i.e. Transferred to DP BV, refunded and then resubmitted, etc.
-then took action to allow the process to work.
Instead we get a note with our Paypal refund that just says, “here’s a refund”.
I am calling bull shit on Phil right here and right now.
Barry was trying to come to some type of resolution with Phil. Phil wanted it now, now, now (stomping his feet like a 3 year old.) Then, went rogue with the refunds.
I don’t want to hear about Phil crying about his friends and him protecting the USA pre-orders. I hear a 3 year old throwing a tantrum because he didn’t get his way. If Phil was really concerned about his “friends,” the pre-orders, and his family, he would not have acted in such a manner. He has managed to do at least these things.
--jepordized DP in the Pinball Community
--jepordized all of the Pre-order customers with having to deal with his shit
--putting his family at more risk than if he had dealt with this in a professional manner.
I have a hard time believing someone, under such an illness, wanting to go to the mat over this. Many companies have had partners leave suddenly etc….but as long as they all work together things can get sorted out. Like many other people said, and I'll repeat this again, it's just not that easy. If you have responsibilities in a company you can't just get out - you have to work together and find a solution. I know for sure Barry and Jaap wanted this.
I have found that dealing with irrational people in a rational way is like beating your head against the wall. I think that’s the feeling that Barry and Jaap have right now. Going back to my original statement, these guys had been friends for many years. I can see where there was an assumed trust between the three of them, just like we gave our money to Phil in "good faith" that he would provide us a TBL. Our problem is with Phil, not DP BV. Phil was our distributor here in the USA for DP BV, and he is being a dick (was going to use the term "unprofessional" but we are way past that.)
I still have mass confidence in the entire team. I hope all of this gives them even more motivation to deliver TBL as the epic game it is.
Poking Phil at this point might get more response from him; which I know I don't want to see. I want them to sort it out behind the scenes and get back to me.
Edmonton, AB
Villejuif
