Marty admitted to me personally last week that he "trusted" the Shrink so much that he never asked for a non-compete clause, in fact, he thought that the Shrink was keeping his end of the bargain by his continued participation within the RX forum. He never conceived that he was using it as a platform to propel himself into a new site. Marty, who is a good person, was used....period.
Secondly, I think it is unfair for you to have a personal agenda against BOS. I consider you a true competitor. I spent one year going through all of your legal documents and transcripts. You were sentenced, and fined a mere $5,000. No where did you agree to give up your ownership in WSEX. I assume that's where you'll be heading next May. You're supposed to be a pretty smart guy but you fail to get the point. I know for a fact that GK warranted BOS when he sold, and that warranty was about 6 pages long. New ownership.....yes NEW OWNERSHIP, is NOT responsible for what has happened in the past, albeit they bought the reputation of BOS, whether it is good or bad. They did their due dilligence (it took about a year). This debt never surfaced at that time. Your man simply has to lodge a complaint to the new ownership, and most certainly they WILL try to resolve it. GK stills owns some stock in BOS, although he cashed out most of it a month ago, because the directors didn't want him to have significant share holdings in the company. They do have recourse in the stock that he still owns to apply against any past claims. But as the warranty states it would have to be resolved in front of an arbitrator in a British court of law.
Talk about solvency....the BOS company has legitimate licenses in the UK, Antigua, Dominican Republic, limited licenses in certain countries in both South and Central America, a license in China where they just acquired one of the largest Chinese sports shops in the world, and Mexico, where they have walk up shops as well. The company doesn't have a US citizen on the board of directors, or disguised in the background like alot of these offshore companies have. None of the people in ownership, managerial position etc can be indicted. I consider this to be a little more safe of a place to play than many shops around the world that are owned by US citizens, such as yours. The DOJ is looking daily for US citizens who are running these offshore operations, even from afar, hidden by a foreign corporation.
Thirdly, it doesn't matter what claims GK made about his company in the past, or if it started in Brooklyn, or JIppee....it matters what claims the company makes right now. Just like in the US, these guys can go to prison for making false claims, or fraudulent financial documents, which again now makes the BOS family the safest place to play in the world. Look where all of the Enron and Worldcom guys are now. There's probably only 5 or 6 shops worldwide who can claim to be bigger right now.
Lastly, so you saw the email that I sent to Ken? I guess my email is for public review as well!