Amiga: I don't know what to think anymore!!

@COBRA

Cheers mate!!

@afxgroup

Wrong head . . .

@Mikey_C

Well you are getting on a bit
I'm not going to worry about it - if there's one thing I've learnt after the past few months I have endured, is to let things run their course - if you can do something about it, do it and worry about it, if you can't, don't beat yourself up about it.

I know that you have tried to do stuff to assist and settle this amicably, i.e. suggestions that could be put to both parties and the petition and for that I take my hat off to you, even though I may not have agreed with it.

Whatever happens, the courts will decide this and its (always been) out of our control..

Whoever wins will need to make damn sure they win the trust and support of the users and potential buyers if AOS is to have any kind of future.

Rude!

@Mikey_C
Not related to the court case...

Start a new thread in "Too hot to Handle' if you want to discuss the Cit of Kent topic thanks.

@Mikey_C

The problem with court submissions like these is that they are tempered with opinion. You can't easily wade through them and seperate the facts from the opinion.

My reading of it tells me that yes, it will drag on and on. But also my reading of it tells me that Amiga Inc. haven't fullfilled all that they would need to in order to gain full rights over Amiga OS 4.0. However, my reading also tells me that if it can be judged that transferral of the appropriate rights from the old Amiga Inc to the new Amiga Inc via the intermediates was done correctly then the new Amiga Inc. can stop sales of Amiga OS 4.0 effectively killing the product in a fit of pique.

What is impossible to tell is if this court case will result in the freeing of Amiga OS 4.0 and later editions of a company that renamed itself to Amiga Inc. in what seems to be a switch operation just for this purpose.

This isn't like the Thendic/Amiga court case which was won by default - literally Amiga Inc not taking it seriously enough and not having the funds to file properly in time. Or maybe it is, maybe it is the usual pissing contest of whom has the deepest pockets.

At best, there will be a clear resolution on the backs of which those who have an interest in Amiga based stuff can make a decision of what they want to do. At worst, the whole shebang will be deadended in a legal checkmate, and again there is a chance to make a decision.

In the meantime you don't have to cripple your own enjoyment of a hobby by living in fear.

Furthermore:

"However, defendant may be prejudiced by some of plaintiff?s document requests, in particular Request No. 2, which requests the
source code and object code which are at issue in this suit. Further, there is merit to defendants?..."

The fact that Amiga Inc. wanted the source and object code during discovery phase sayes a lot about its own frank internal assessment of its chances - and its intent.

If I was Hyperion, at this point, I wouldn't even be breaking into a sweat.

Other strange comments.

Page 12 of the latest McEwen deposition. 1 through 5.

This is not true. If ExecSG is outside of AmigaOS4.0 at most changes would be required to that, new drivers do not require access to the AmigaOS4.0 source code. At least, not necessarily. One does not follow from the other and nor does one imply the other.

It remains to be seen whether or not the court has the technical competance to realise that this assertion is a load of baloney.

Finally, in summary, you have to realise that plaintiff and defendant will play a game.

The game is this:

Plaintiff presents evidence, filtering out all that could weaken their case.

Defendant presents evidence, filling in some of the gaps and adding more than the former hadn't realised they had.

Plaintiff desperately tries to rule lynchpin submissions of Defendants submissions inadmissable.

Defendent objects, and tries to do the same to Plaintiff submissions.

They both run out of time on the "creative evidence" phase.

Court hearing(s). Possibly additional evidence and testimony is submitted.

Judge rules, typically in these cases throwing a bone to both defendant and plaintiff.

The ruling is either appealed, or ignored by whomever lost. Further litigation has to be persued.

The "ignore" option is most often invoked, especially when it litigation crosses international boundaries.

I'd say the entire case is bullshit desperation, but I also think that the chances for any Amiga revival are once and for all neutered by all this, which should please at least some of the smarmy bastards who hang around the community.