Yeah, if the claims in this video are true then Harley did not act in good faith and did kill Alta.
I'm a partner for a tech VC fund. This is a big chunk of what I do for a living - helping startups developing new technologies to partner with corporates to get to scale. So here's my thoughts in the info in this video.
Any partner has to be committed. There has to be strategic alignment. It's a courtship leading to a marriage. Many courtships fail but better to fail early then get married and realise you need a divorce. If your startup commits to one corporate before you've agreed the details of that relationship then you can get taken advantage of.
Businesses are driven by more than engineering. If your engineers and their engineers are getting on well, then that's only a small part of a successful relationship.
Don't ever let the corporate run the clock down, because your startup has a finite amount of money and therefore time. The corporate has more money and time than you. You will run out; they will not.
I think no-shop/exclusivity agreements are really unbalanced in favour of the corporate. They inevitably run the clock down. Our fund doesn't use them. In fact, when startups have come to us saying that we're the only investor that they are talking to, I'll tell them to go and talk to other funds, because you want several offers on the table.
A last-minute new term sheet is a dick move. Sure, they're not legally binding but still, what the fuck. That's not how I do business.
But fundamentally, I'm not sure what Harley was wanting to get out of this. If they wanted the tech, then they could have taken the good faith approach, done a fair deal, and bought for a few tens of millions. Instead, they tried to screw Alta to get the tech for just millions. That failed. Harley got no technology and earned a reputation for being untrustworthy partners.