An unusual denunciation has come to the editorial office of Priza.al and it is about a legal clash between the American company Oberon Americas Inc and the service company in Italy MPS Monitor Srl. The violation of the agreement by the latter to remove the right to the company Oberon Americas prematurely has shocked and endangered 44 thousand end customers distributed in America, Canada and many countries of Latin America.
How did the conflict start?
Although in violation of the contract MPS Monitor (already in the hands of VALsoft since August 9, 2022 after the purchase of 100% of the shares of MPS Monitor SRL and Oberon Italy SRL) was contracted to provide software as a service (SaaS) from their center data to British Telecom in Milan Italy for thousands of customers in the US, Canada and throughout Latin America. Customers that Oberon Americas had acquired and introduced to the MPS Monitor portal since 2019 based on the exclusive distribution contract.
MPS Monitor made it to the executive team of Oberon Americas in 2017 following a successful sale of PrinterOn to Samsung Printing Group and then Samsung Printing Group to HP and lured senior executives to the firm by signing an exclusive distribution agreement with Oberon Americas in exchange for the amount of millions of dollars investment in North America which was financed 100% by Oberon Americas and its Canadian, Albanian, American shareholders, in order for MPS Monitor founded by Nicola De Blasi to reach the great shores of the States United States of America.
Nicola De Blasi, started his career as regional sales manager of Lexmark in Italy, and then with the help of Giorgio Gesi founded MPS monitor ten years ago. During these years, Nicola De Blasi managed the company at a loss every year, and had not made any financial investment to bring his software to America, not even once was he presented at the conferences that took place in America and Canada during the 5 years the latter while Oberon Americas continued its investments in the USA.
Citizen Nicola De Blasi sold the franchise to Oberon Americas at a time when the MPS Monitor portal had neither presence nor customers in the US.
But what happened? After five years, after he “squeezed” Oberon America’s investment, being paid by American customers, he sold the company to a private equity firm called Valsoft, and when it was realized that the revenue was high enough from the American market already controlled by Oberon Americas until 2029 started the plan to break the exclusivity seeking to generate more revenue than what was foreseen in the contract signed in 2019 by trying to separate and manage the American Market itself even though the distribution contract has the mandatory clause that in no case should it be interrupted until 2029 due to the large investment made by Oberon Americas.
Briefly about an absurd decision of the Italian court
This greed and criminal scheme to take possession of their partner Oberon Americas Inc, the company MPS Monitor and their lawyers Chiomenti came to the aid of the Italian court of security of the claim which, although facing a breached contract, terminated only from one side without any news, managed to give a provisional, confusing and one-sided decision, holding the decision hostage from May-August until a few days before Christmas.
This decision was given by Judge Elisa Fazzini, and was used by Nicola De Blasi to threaten American clients before the trial at the Administrative Court in Milan, which deals with contractual disputes, has finished. This arbitrary decision caused the American company a significant annual loss. The financial damage has begun to be measured by international auditing companies and has so far reached 5 million dollars, favoring the Italian company and removing access to the network, also without leaving the necessary time for the company Oberon Americas to be able to notify its customers.
Consequences of arbitrary decision
MPS Monitor, in Italy claiming usurpation of the market, in disloyalty immediately takes the next step. The subcontracted company abused the access that the US company had given them by sending confidential e-mails to Oberon Americas customers protected by security protocols at 2:00 a.m. on July 10, 2023, and informing them that from that moment and then the needs of the contractual agreement would be fulfilled by MPS Monitor in the capacity of the sole owner.
Judge Elisa Fazzini was not even able to legitimize in the decision the opinions and baseless claims of MPS Monitor and she simply dropped the hammer by declaring in a court decision the comments of the Chiomenti firm as facts. Facts which at best are non-existent and at worst, are causing about 15 million dollars in losses for a company that operates in 30 countries around the world.
Violations and falsifications of MPS Monitor with concrete cases
Specifically, a contract cancellation with a mutual customer called HP inc, was the way for MPS Monitor to send the same cancellation email to all customers unrelated to this non-party agreement.
It is worth noting that Oberon Americas has the exclusivity of every customer in the Americas including every customer of HP inc. Here is the entire service contract that shows very clearly, no absurd obligation to treat public information such as the name of American clients, as confidential.
This was a very simple 1-year, concurrent agreement sought by MPS Monitor itself in 2020 and 2021 to help MPS Monitor gain traction with HP for a minimum fee of $5,600 per month (flat rate).
As you can see from the contract below, there is no confidentiality provision or any stipulation about confidentiality, which is the only reason used by MPS Monitor to shut down the Oberon Americas service after 5 years on July 10, 2023 at 02:00 of the morning without warning and without bothering to take care of Oberon Americas customers during this transition period. There can be no claim of confidentiality as the DLA Piper team rightly advises the Appellate Judges on 7 March 2024. All HP contacts are public information and Oberon Americas executive team have been HP employees for many years before MPS Monitor sought assistance in entering America to serve HP customers. All HP employees are colleagues of Oberon Americas Chief Technology Officers, and the Chief Operating Office. Oberon Americas exclusive agreement expressly protects ALL customers, all partners in the Americas for the purpose of ensuring the growth of MPS Monitor under the Distribution Agreement (see below), and HP is included in it.
But if Judge Fazzini had “forgotten” this very important contractual detail and also missed reviewing the HP Service agreement from start to finish, in its entirety, clearly showing that the requirement for confidentiality is ZERO. And it wouldn’t be at all necessary to create a ready-made e-mail scheme sent to customers a few weeks before the VALSOFT sale, which although in the transitional phase clearly states that Oberon Americas in order to advance the business of MPS Monitor, clearly described in the distribution agreement, may contact all HP customers for marketing and sales of MPS Monitor services.
Valsoft while concluding a simple 5-year service agreement allowed the Oberon Americas team to bring on board some of HP’s largest vendors such as Marco Technologies, Impact Networking, Systel, etc. with an enterprise value of $2 billion.
Later, after the process of acquiring MPS Monitor from Valsoft began, MPS Monitor sent a cancellation letter to Oberon Americas to no longer renew the HP service agreement. The letter of cancellation as above is the only way to close the doors of cooperation and not a mutual extension of the above service agreement. However, the big surprise came later.
After MPS Monitor tried to force Oberon Americas to sell its company to Valsoft (100% owner of MPS Monitor), $1 million in the presence of Chiomenti’s offices in Milan, November 2022, even though the value of Oberon Americas from the company international external auditors, it captured the value of over 50 million dollars of income with its exclusivity until 2029 but with an extension clause.
MPS Monitor funded by Valsoft decided to go on the “attack” and cut off access to the British Telecom DataCenter. Where all old Oberon Americas customers for 5 years with multi-year agreements were in the process of being processed. This is to force Oberon America to sell the exclusivity for a small amount. MPS Monitor then used the HP service agreement cancellation email as a reason to claim that Oberon Americas violated the confidentiality provision of the “Service Agreement”, which as you can see attached above, in no line has any confidentiality provision.
It’s a simple deal only for fixed payment 5600 USD per month. And that’s because Oberon Americas had bought the franchise of the Americas market and had no customers that could be considered inaccessible or confidential. The company in Italy through this cancellation email drafted just for that case, now with the help of the judge’s unfair decision, MPS Monitor claims not only the American customers who produce millions of dollars a year for Oberon Americas but also the ownership of Oberon Americas itself!
But the company MPS Monitor (ValSoft) had other plans besides what we listed above. MPS Monitor was acquired by Valsoft and became the recipient of the contract with Oberon Americas and, above all, after Valsoft acquired, in May 2023, the American company Nexera where it inherited about 200 new American customers who were in the process of becoming Oberon’s exclusive customers Americas, based on conversations with the CEO of Nexera, who was removed from office a few days after signing the contract with Valsoft.
If the contract was in force, Oberon Americas would have a very high annual income from the new customers that Nexera and Oberon Americas were trying to serve from 2020. Valsoft with the purchase of Nexera had an even stronger reason to remove allow Oberon Americas to dominate the Americas with the sole purpose of owning the Oberon Americas franchise, since MPS Monitor has stolen all Oberon customers in the Americas to begin with.
- Why should Valsoft leave the profit margin in customers it just inherited from the acquisition of Nexera? And we talk about millions of dollars that are in question.
- It is worth noting that Nexera has already sued Valsoft at the International Court of Human Rights in The Hague.
Other damages from the arbitrary decision and maneuvers of the judge
Judge Elisa Fazzini is also responsible for a loss of several million dollars in 2023 and 2024, which through her decision and by hiding behind legal spaces or deadlines, has affected the success of the Oberon Americas company in America.
Judge Elisa Fazzini did not even address the existence of the “Service Agreement” contract with HP at all as Oberon Americas DLA Piper makes very clear in their appeal brief.. Judge Eliza Fazzini does not focus her judicial power even after 5 months from August to December 2023, to decide based on the four corners of two single agreements that are legally binding which are: (the contract that our media group makes transparent in this publication)
Exclusive distribution agreement
To come to the aid of the law firm MPS Monitor, the Chiomenti studio was chosen, a firm with high influence in the circles of justice and politics not only regionally in Italy, at the same time one of the most expensive law firms that tried to exert super pressure Oberon Americas in November 2022 with ridiculous offers, fearing that with a “finger print” at the Data Center in Milan, Oberon Americas will go bankrupt. And the result of this commitment of the Chiomenti studio, was the decision of the judge Elisa Fazzini which was copy paste with the argument of the Chiomenti studio driven 100% by a non-binding cancellation email sent only for a simple 1-year service agreement, and by RELEASED the commitment of MPS Monitor to the binding contractual exclusivity that recognizes Oberon Americas as the “Working Lord” until 2029.
The prestigious company Oberon America has appealed the case through its lawyers. The law firm representing Oberon Americas includes some of the most experienced attorneys in the field of confidentiality.
This unprecedented act is being treated very seriously by the American Embassy in Milan, which was immediately announced in July 2023, as a high-level matter for “National Security” and this is because all Oberon Americas customer data is in the hands of an Italian company that has no agreement or contract with Oberon Americas customers.
MPS Monitor may manipulate this US customer data in one form or another, without providing any protections to US customers that US law and jurisdiction protect.
Illyridium Media Group, in this unprecedented case of investigation, where we have been forced to “review” a decision of the Italian justice, calls for the hammer to fall from justice, not from influence or “bribery” or in the event that the Italian Court does not find himself in these settings, to reflect all the more in front of the facts, giving a fair decision and giving Caesar what is due to Caesar. Therefore, Illyridium Media Group will follow this story overseas, where until now the Italian court is being used as a whip against serious American companies. We wish, pray and hope that the absurdity of Judge Elisa Fazzini’s decision will be overturned by the Court of Appeal and that the haka will finally go to the owner.
Who is Oberon Americas?
With 30 years of total industry service in printing and imaging solutions with a dedicated R&D department, Oberon and now Oberon Americas specialize in researching, designing and manufacturing Cloud software platforms for printers of all makes and models in order to help Print Service Providers take control of their cost while driving new revenue models with their customers.
Oberon Americas also has the trademark “Internet of Printers”
Oberon Americas set its sights on combining the power of IoT, Artificial Intelligence and Cloud computing to build the 2030 Internet of Printers (IoP). Helping our print marketers and customers take control of all Print Services revenue is the core mission. The Oberon team is spread around the world, with teams in the US, the Netherlands, Switzerland, Canada, El Salvador, as well as millions of global users and 2,200 commercial organizations./abc24.al
