Frank Roszyk Answers to Tandberg Data

We have received this email from Frank Roszyk following a press release of actidata GmbH and our comments published on September 8, 2009:
Actidata, New German LTO and RDX Distributor
Headed by Gudmundur Einarsson, former CEO of competitor Tandberg (which is not happy)

I have just noted, that I was mentioned in article in StorageNewsletter in September. I am really sorry for not having noted that before, but I never thought that Tandberg Data would go with this story to the international press as well.
 
I just like to clarify briefly from my side about the court case in Germany:
 
It was reported that a German Court prohibited me to work for actidata GmbH, and in the German press it was reported that a temporary injunction was ruled against me. (All based on a press release from Tandberg Data)

Fact is:

• At the 24th of July 2009 I have resigned from my Mandate as Managing Director of Tandberg Data GmbH with immediate effect. After being with Tandberg Data for almost 25 Years I given at the same day notice to resign from Tandberg Data GmbH to the 31st of December 2009.
• At the 19th of August I was requested by Tandberg Data GmbH to sign a very far reaching “cease and desist statement”. On my lawyers advice I have not signed this statement.
• At the 20th of August 2009 Tandberg Data has applied for an immediate issue (without hearing) of an temporary injunction against me, to enforce a “competition law decease claim” at the regional court in Hagen.
• The regional court has not issued such an injunction but has ordered for a hearing at 2nd of September.
• At the hearing at the 2nd of September the regional court has not issued the applied temporary injunction. Tandberg Data and Frank Roszyk agreed on a compromise (on strong recommendation from the judge).

In the compromise I agreed for the remaining notice period to not work direct or indirect for actidata GmbH. This covers tasks in the areas Sales, Selling, Marketing and Product-Development. Permitted are tasks in connection with the financing of actidata GmbH. Tandberg Data GmbH pays my salary in this time. The judge proposed as well an earlier termination of the employment contract, but Tandberg Data don’t wanted to discuss this.
 
Tandberg Data has issued the press release which I assume was the basis for the article in StorageNewsletter at the 8th of September (even before the compromise was available in writing).
 
In this press release it was mentioned as well, that the High court in Singapore has issued temporary injunctions against some former employees of Actidata. Here I like to clarify that neither against me nor against actidata GmbH injunctions were issued.
 
So the information in Tandberg Data’ press release states the facts not in a correct manner. It generates the impression that I was sentenced which is not the case. My lawyer has send a written warning (notice) to Tandberg Data GmbH. Tandberg Data GmbH, Nils Hoff (the new MD) and Tandberg Data Norway have signed a “declaration of discontinuance with penalty clause” to avoid a temporary injunction because of spreading this wrong information.  
 
Tandberg Data has also engaged a press consultant to create negative press about Gudmundur Einarsson and actidata GmbH in the Norwegian Financial Press.
 
So they try everything to inhibit completion. The Managing Director of Tandberg Data Japan was dismissed recently because he did not agreed in signing a changed working contract (after more than 20 years of employment).
 
Again I am really sorry for the late feedback in this matter.

 
Best Regards from Germany

 
Frank Roszyk