Message from the Chairman

April 17, 2002

 

As we enter Spring of 2002, we can reflect back on 2001, a year that brought about many changes in our industry and many changes within our company. In 2001 we witnessed the implosion of the capital markets, especially in the technology sector.  The market downturn and our limited revenues forced us to cancel plans for growth, radically downsize our staff and completely rethink our market strategy. It caused us to focus on tightening our financial belt like never before. While these changes were not necessarily pleasant, they resulted in a number of important lessons learned, and what we believe will end up being important benefits to our company and shareholders.

To begin with, we are still here as a company, having come through an environment where many much larger, better-funded companies perished. So far we have been fortunate to have some very committed investors willing to help the company address our most pressing liabilities and financial challenges. As our recently filed 2001 form 10K illustrates, we have been able to successfully negotiate the settlements of many liabilities into agreements that bank on our future success and have required little or no cash outlay. Many of our trade creditors have been willing to accept negotiated settlements. As the result of these combined actions, we have so far been able to significantly reduce our total liabilities from where they were 9 months ago. The highlights of this reduction of liabilities include the following:

1.     We successfully negotiated the elimination of a potential liability of $1,229,000 to our former landlord (unexpired lease liability). This was accomplished for a total of $15,000 of common stock and a note for $50,000 due in 3 years.

2.     We reduced our trade payables by approx. $785,000 (53%) through negotiated settlements that cost us approximately 80,000 shares of common stock.

3.     We eliminated a single creditor for an amount of $629,000 through negotiated settlement with no cash, securities or notes required.

4.     We accomplished further debt reduction of approx. $750,000 through negotiated settlements with former executives of the company, by issuing common stock valued at $19,696 total, plus new debt of $106,735, due in 3 years.

A complete detail of our financial statements and liabilities reduction can be found in our annual 10K public filing, which we filed with the SEC on April 15th.

We plan on continuing these liability reduction efforts in 2002.

In tandem with improvements on our balance sheet, our company’s operations have been streamlined. We still retain the vital resources required to operate our company, but we are doing so primarily on an independent contractor basis. Services such as legal, accounting, sales and even engineering support are now utilized on an as-needed basis, often on a “bid” or “project” basis. As a result, our base operating costs have been reduced substantially.

While Burst has been reorganizing internally, important developments have been taking place in our industry that we believe may have improved the environment for our potential success. To begin with, “real-time streaming” alternatives to Burst technology for web-based media delivery have so far been unable to deliver the high-quality required for widespread consumer acceptance of media-on-demand applications.  Despite the multiple millions of dollars spent by large and small firms alike to promote the real-time streaming approach over the past 4 years, the industry has now begun to consider “download” and “next-generation” streaming approaches. This should bode well for our company, since the International portfolio of issued and pending patents built by us over the last 12 years is focused in these important areas. 

In what we believe to be validation of our original vision of 12 years ago, broadband networks are beginning to expand all over the world. Intelligent set-top boxes with on-board memory, some of which will be capable of transmitting video and audio programs in burst mode, are being introduced as a new breed of network media appliance. We believe that the ultra-low cost of digital storage capability combined with broadband availability is about to make our original vision economically feasible. So, can Burst.com finally benefit from these developments, given our current size and limited resources? We believe that it is possible for this to happen. Here’s why:

1.  The potential applications and uses of our technology are not limited to PC media delivery applications. We have begun developing and implementing other strategies to expand Burst’s technology to other potential applications including video-on-demand servers and multimedia hardware, such as smart-TVs, network appliances and set-top boxes, multiplying the potential markets for Burstware®-based products.  We have implemented a strategy that focuses on the licensing of our Burstwareâ software and underlying intellectual property to companies that manufacture and deploy complete video and audio-on-demand systems.  We have revised our pricing model to enable these potential customers to procure Burst technology on a “per-client” basis, thus simplifying the revenue accounting process and providing customers with a way to incorporate the costs of Burst technology as a one-time “fixed cost” that can be amortized over the life of the client device.

               2.  We plan to establish the value of our patent portfolio through successful enforcement, and subsequently to seek licensing revenues from any companies who seek to utilize our patented technology in their products or services. We believe that our intellectual property will be attractive to any company that wishes to deliver digital media over electronic networks at a quality level high enough to justify charging end users, content providers or advertisers. As a result, our business model involves developing strategies that will enable us to successfully enforce our intellectual property and receive what we believe will be substantial licensing revenues as a result, although there can be no assurance that this will be the case. 

When we formed this company 12 years ago, we had a vision of our technology becoming an independent and superior alternative for companies all over the world to deliver digital media on-demand to businesses and consumers. We believe that the consumer and business on-demand markets we originally anticipated are finally beginning to emerge and we believe we have the patents and technology to address those markets.

The year 2001 proved that unexpected events can surely change the best-laid plans. While we recognize that nothing should be taken for granted, we plan to continue our commitment and efforts toward realizing value for our shareholders.

Thank you for your continued support of and confidence in our company. We look forward to a year of continued progress and accomplishments.

Richard Lang

Co-founder, Chairman & CEO

Burst.com, Inc.























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