The toughest decision of my life
rodinhood.com
rodinhood.com
I can see this being a difficult decision, but he only took a few weeks to come to the right one (at the time, let alone with 20/20 hindsight).
Part of the calculation is that if you turn out to be successful the threatening party will have every motivation to sue.
I'm certain the unenforceability of them in California has a lot to do with the sustained success of Silicon Valley (although in this case, as a founder, his might be enforceable there).
"For me, this was not sweet revenge but just the toughest decision (to sell or fight) that had turned out so positively!!"
I'm not sure why you ask the general question about winning. This is a story of a man making a choice that he thought would better his condition. He had no reason to do otherwise.
From the VC point of view and the deal not going ahead unless Alok is totally removed is all about control and winning. I think the most positive lesson Alok demonstrated here is "... Sell when the going is good – not when the time is right. ..." ~ http://rodinhood.com/2010/06/05/confessions-of-a-digital-ent...
Joy of the bussines with middleman between you and your source of revenue.