> The specifics of what they requested in January were extremely difficult / almost impossible, but we had been working with Raspberry Pi as a Design Partner and had early access to the unreleased Raspberry Pi RP 2350, a chip that would enable exactly the kind of device DEFCON was requesting. Dmitry and Entropic had already been working on a GB emulator and were thrilled to be able to contribute our work to a project directly for and by the community. [0]
Despite the project being "impossible," EE made some sort of agreement to complete the work and deliver within time and budget. EE, not DC, made the decision to work with Dmitry.
> I am not a subcontractor of anyone. I was doing this in my own free time for fun so attendees have a fun badge.
There exist no contracts between me and anyone. It was an evenings-and-weekends project for me [1]
This work by Dmitry was unpaid, presumed: uninvoiced and not under contract directly with DF, and is not an agent of ES.
> While we as a company did not ask Dmitry to program the easter egg, the outpouring of support and community for EE has been appreciated and inspiring. [0]
EE did not request the Easter egg be included by Dmitry. As a free agent (not under contract) Dmitry is free to do as they wish. Dmitry's involvement with DF was an invitation to participate on a panel. Given the discovery of the Easter egg, DF withdrew the invitation. Without any explicit agreement, it is irrelevant as to why DF would withdraw their invitation as it is presumed DF can withdraw any such privileges at anytime for any reason, though a reason was given in the case.
> At this point, all work had been completed except our physically attending the overseas production run and providing ongoing troubleshooting/debugging. In fact, the day we received this surprising news, we were actively working on the SD card debug that became a central concern earlier this week. [0]
This sounds consistent with DF's claim that the product was still in pre-production and all services had not yet fully been rendered, therefore, the original agreement may already have been breached at this point. What is "owed," is likely no longer stipulated under the main clauses of the contract.
> EE has tried multiple times over the past months to negotiate fair compensation for work completed prior to June 7th, but attempts at resolution have been unsuccessful. [0]
> Once a month, we billed for our work and submitted an updated estimated per badge final cost - committing as costs built to discount our work as necessary in order to hit DEFCON’s per unit cost targets. [0]
> Once the manufacturing was fully completed, we were offered a one-time “take it or leave it” amount worth well under half of what we were owed pre-stoppage. Given that what we were owed was already discounted by 25% in order to hit agreed upon cost targets, this has had a huge impact on our small team. [0]
> We have also continued to pour lots of time, effort, and love into the project post-stoppage. I want to be clear that we never expected to be paid for this post-stoppage work, but simply did it as a labor of love for the community. [0]
This is contract dispute. What EE is "owed" is defined (or should be defined) in the agreement. What is "invoiced," despite any "discount", does not, on its own, constitute what is owed by DF. Unbilled and discounted labor significantly complicates this, especially if it was not itemized as such on the invoices sent to DF. Parts and materials, which come with invoices attached, should be paid per the agreement.
> Any claims that DEF CON did not pay Entropic Engineering for its hardware or firmware development are false.[OP source]
My assumption is the agreement was for a fixed-cost fixed-timeline per-badge payment and the targets were not met, despite EE trying their best. The claims made by both sides are verifiable by receipts and, should it come to that, can be arbitrated either by a court of law or the court of PR (public relations, ie, the internet).
Regarding Dmitry's experience and the Easter egg, for better or worse, DF can make whatever decision they please at their conference. The Easter egg was antagonistic towards DF and is significantly unrelated to the payment dispute with EE. The Easter egg being a "prank" or "difficult to find" or "not technically owned by DF," is also unrelated (although the code seems to be part of services rendered to DF by the agreement with EE [0]).
> We were clear as early as our first conversation in January that the risk in trying to push to mass production of this size and on this timeline was immense, even advocating for a DEFCON 2025 release of this particular badge. DEFCON’s Badge Team remained confident that they could meet and mitigate this risk. [0]
EE' admissions illustrates that DF's decision to push forward with this vendor was ill-advised. Given their experience, it would have been charitable to not put EE in this position. Arguably, DF did mitigate their risk (financial and reputational risk) by issuing a stop order and seeing the product to completion by other means; attendees did get their badges after all. By admission, EE also recognized the risk themselves and continuing their attempt to render the agreement under the circumstances was also ill-advised. Their risk (to reputation) was also managed by providing free labor. This is unrelated to the payment dispute as both parties chose, and were not forced, to continue to engage under the terms of their agreement until such time the agreement was made null. The only dispute is in regards to the original agreement, which should be rendered whole by the terms of the contract that were completed and satisfied by EE.
Despite the project being "impossible," EE made some sort of agreement to complete the work and deliver within time and budget. EE, not DC, made the decision to work with Dmitry.
> I am not a subcontractor of anyone. I was doing this in my own free time for fun so attendees have a fun badge. There exist no contracts between me and anyone. It was an evenings-and-weekends project for me [1]
This work by Dmitry was unpaid, presumed: uninvoiced and not under contract directly with DF, and is not an agent of ES.
> While we as a company did not ask Dmitry to program the easter egg, the outpouring of support and community for EE has been appreciated and inspiring. [0]
EE did not request the Easter egg be included by Dmitry. As a free agent (not under contract) Dmitry is free to do as they wish. Dmitry's involvement with DF was an invitation to participate on a panel. Given the discovery of the Easter egg, DF withdrew the invitation. Without any explicit agreement, it is irrelevant as to why DF would withdraw their invitation as it is presumed DF can withdraw any such privileges at anytime for any reason, though a reason was given in the case.
> At this point, all work had been completed except our physically attending the overseas production run and providing ongoing troubleshooting/debugging. In fact, the day we received this surprising news, we were actively working on the SD card debug that became a central concern earlier this week. [0]
This sounds consistent with DF's claim that the product was still in pre-production and all services had not yet fully been rendered, therefore, the original agreement may already have been breached at this point. What is "owed," is likely no longer stipulated under the main clauses of the contract.
> EE has tried multiple times over the past months to negotiate fair compensation for work completed prior to June 7th, but attempts at resolution have been unsuccessful. [0]
> Once a month, we billed for our work and submitted an updated estimated per badge final cost - committing as costs built to discount our work as necessary in order to hit DEFCON’s per unit cost targets. [0]
> Once the manufacturing was fully completed, we were offered a one-time “take it or leave it” amount worth well under half of what we were owed pre-stoppage. Given that what we were owed was already discounted by 25% in order to hit agreed upon cost targets, this has had a huge impact on our small team. [0]
> We have also continued to pour lots of time, effort, and love into the project post-stoppage. I want to be clear that we never expected to be paid for this post-stoppage work, but simply did it as a labor of love for the community. [0]
This is contract dispute. What EE is "owed" is defined (or should be defined) in the agreement. What is "invoiced," despite any "discount", does not, on its own, constitute what is owed by DF. Unbilled and discounted labor significantly complicates this, especially if it was not itemized as such on the invoices sent to DF. Parts and materials, which come with invoices attached, should be paid per the agreement.
> Any claims that DEF CON did not pay Entropic Engineering for its hardware or firmware development are false.[OP source]
My assumption is the agreement was for a fixed-cost fixed-timeline per-badge payment and the targets were not met, despite EE trying their best. The claims made by both sides are verifiable by receipts and, should it come to that, can be arbitrated either by a court of law or the court of PR (public relations, ie, the internet).
Regarding Dmitry's experience and the Easter egg, for better or worse, DF can make whatever decision they please at their conference. The Easter egg was antagonistic towards DF and is significantly unrelated to the payment dispute with EE. The Easter egg being a "prank" or "difficult to find" or "not technically owned by DF," is also unrelated (although the code seems to be part of services rendered to DF by the agreement with EE [0]).
> We were clear as early as our first conversation in January that the risk in trying to push to mass production of this size and on this timeline was immense, even advocating for a DEFCON 2025 release of this particular badge. DEFCON’s Badge Team remained confident that they could meet and mitigate this risk. [0]
EE' admissions illustrates that DF's decision to push forward with this vendor was ill-advised. Given their experience, it would have been charitable to not put EE in this position. Arguably, DF did mitigate their risk (financial and reputational risk) by issuing a stop order and seeing the product to completion by other means; attendees did get their badges after all. By admission, EE also recognized the risk themselves and continuing their attempt to render the agreement under the circumstances was also ill-advised. Their risk (to reputation) was also managed by providing free labor. This is unrelated to the payment dispute as both parties chose, and were not forced, to continue to engage under the terms of their agreement until such time the agreement was made null. The only dispute is in regards to the original agreement, which should be rendered whole by the terms of the contract that were completed and satisfied by EE.
[0]: EE's statement. https://www.entropicengineering.com/defcon-32-statement
[1]: https://www.reddit.com/r/Defcon/s/OwxYvX1Z5z