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In Reply to: Atma-Sphere couldn't take it..... posted by Bill R on October 09, 2004 at 13:09:27:
Unless that was one of the agreements Ralph made before being bought out and collecting cash. If that's the case, then he has nothing to bitch about.
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particularly where it can be shown the ex-owner was, in fact, what the purchaser was buying.In general, non-competes with ex-owners are the ONLY kind that will stand up in court.
Has not held up in court in cases when ex-owner produces another simular product. You see, a person has the right to make a living, a right to support ones self with their skills be it working for another or self employed.
"a person has the right to make a living, a right to support ones self with their skills be it working for another or self employed. "Yes, all true, however, if a person whose company is found to be essentially themself sells it to someone else, they are effectively selling the right away, or else there would be nothing of value to sell. You can't take the money and then render the asset worthless.
I don't suppose the ex-owner, who sells based on a multiple of earnings representing future profits, ever wishes to return that sale price back to the buyer?
At any rate, courts find these types of non-compete agreements perfectly valid. There is NO restriction of anyone's ability to earn a living, after all, the future earnings of the ex-owner were PAID FOR IN ADVANCE by the new owner!
In general, the duration of the non-compete in such cases - where the ex-owner is fired - will be no longer than the severance period.
I disagree & read individual cases. If I sold a business that produced amps or power supplies, I can still manufacture amps or power supplies with a different name & different design. A non-compete clause will not hold up as long as the same exact product is not produced.There have been cases where this clause had not held up under the above circumstances. You see, everyone has the right to make a living & that does hold up in court.
There wasn't a payout, he was 'fired' by the current owners and they are still working out the 'payout' if there is one.
Sorry if this is old news, the archives aren't very clear how the founder lost control of his own company. I assumed Ralph voluntarily sold his owning stake at some point then got booted out by the new owner over a dispute? Or did he get swindled out?
contact me for details
Hi, I'm interested in their amps; I haven't been able yet to A-B them against my reference - ARC (or my the other amps I'm considering (VTL and Wolcott) - any comments on how their gear sounds would be appreciated (I'd be using them with Soundlabs); also, what happened to Ralph and what is the outlook for their future with the new management team?
I would avoid that company right now.....at least buying anything new. I wouldn't trust anything being produced with the current team, the production staff was fired with Ralph. They did hire back two of the less technical guys(to save $$), but ?????????????
If you are going to buy Atma equip, get it used. My guess is there will be a lot of it on the market very soon.I own M60's an an MP3. As soon as I get new stuff lined up, they are going on the block. I don't want anything to do with that company.....
It is wise to keep in mind that there is no definitive word as yet on what is really going on. So far, we must content ourselves by reading between the lines of rampant rumours. Many of which I suspect to be not at all far off the mark.Assuming that the situation is truly what it seems, I have been considering whether or not to liquidate my Atma gear as well. One thing is for certain, if the company indeed goes in the direction it seems presently headed, the Atma name will no longer garner much respect. Indeed, this seems quite the understatement in view of the hit it has taken in just the past week or so. This may very likely show itself in an almost stunning loss of resale value quicker than in any other arena. (One wonders if loss of proven resale value of a given product due to unethical company antics would be actionable. Anyone wish to comment?)
On the other hand, however, those of us who own original Karsten/Atma equipment may find our resale value to instead go dramatically upwards as buyers seek to avoid the post-Karsten units.
Even if all of this eventually turns out to be for naught, it IS an ineresting thought experiment. No?
As soon as I line up a new setup, my M60's and MP3 are for sale. Hopefully the older equip will hold some value, like the old Matchless guitar amps when Mark Sampson was making them. But, I want nothing to do with this company any longer.
There are too many good companies making great products in this industry to support one that is even suspected of being unethical. IF the new owners took advantage of a partner (and friend) what would they do to a customer?? No thanks, I will find somewhere else to spend my money.
Bill,> > There are too many good companies making great products in this industry to support one that is even suspected of being unethical.
If all these alligations turn out to hot air, then why would you limit your choices. The Atmashere equipement has long been on my lust list.
However if all this proves out to be true, then I would agree; there are far too many people who choose to do business ethically to continue to support a group who cheated a talented and honest man out of the company he built.
Time wil tell.
Just kidding, but you get my point;-)
I'm not selling my MA-2s, but I won't have anything to do with the new management. I'm inclined to believe that support for existing equipment will continue to be available from many of the existing alternative sources: Jennifer Crock at JenaLabs or NY Audio Repair or Ralph at Rendition Audio.
Rush...Without question I think that those of us with Atma kit needn't worry about being left high and dry in terms of support/service. As you mention, there are any number of well-qualified people who can come to our rescue should it prove neccessary.
Until such time that Ralph is safely and completely back at the helm, I know I will never be dialing the Atma number again....and will never have a need to do so. If this all comes to pass, I would love to see part of Ralph/Rendition's new set up to be a service offering MA1/MA2/M60 upgrades a la Steve McCormacks' SMcAudio.
At present, I'd pay Ralph good money just to change out my MP1 faceplate with one labeled 'Rendition Audio'. When will they learn that heart and soul comes from the people....not the letterhead?
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