Hyperion Has Been Led to It's Doom?

Amiga Inc. Delaware is playing a con game.

They've set up a multi-corporate shell game. How they work is, they NEVER have enough money available. They _only_ get funds as and when required. They are _never_ "sueable".

When Amiga Inc. Delaware lose the court case, and Hyperion Entertainment goes to claim THEIR court costs back from A(D), they'll throw their hands up and say "we ONLY have $100 in the bank...." Well, I guess that Hyperion will have to take something from their "Amiga Events Center in Kent" "investment(sic)". Kent won't give part of the 2.5 mil. to Hyperion without a fight, though. I guess they can't get access to that.

I think that A(D) is in very hot water, nonetheless. What kind of legal options does Hyperion have to use against a tactic such as this?

@Atheist

What the??

@Atheist

It is not a con game, but normal business practice for privately owned companies that have limited liability. That is to have a parent company where assets are held and subsidiary companies that operate as agents.

As Hyperion joined Itec into the case they have taken the necessary step to cover this. Whether there is enough merit in their case for the judge to do so is another question.

Whether such things are morally justifiable is another question, but it has long been the way of the world in business practice. There is no con, just barriers which companies normally employ to protect their assets.

Court costs would I think not be applicable unless there has been an act of bad faith somewhere along the line, or that the case had been brought forward on little merit. If they are awarded against anyone, it could well be in the other direction.

But where courts are concerned, it may well be better to just await for what eventuates. For our collective interest, I only hope for speedy resolution, push has come to shove, whoever is left standing will have to do.

@Atheist

Now also ITEC LLC is sueing Hyperion because they agreed to the $25k contract and payments!
To me Hyperion looks doomed now, how will they be able to pay all the money for the lawyers and defend themselves with two attackers?

I still hope for Hyperion to win, because for me, this seems to be the best possible result for OS4.

Let's be realistic, if Amiga Inc wins, there wont be a quick release of new hardware with OS4. First there is ACK who has yet to proove that he can produce something and second, there is the question about OS4 sources. Even if they are ordered by court to provide the sources, there are still the Friedens who own the kernel and there are other developers as well.
With the new lawsuit by ITEC, it will take even longer until everything is sorted out and then, and if Amiga Inc wins, they still need to sort out the situation about OS4 sources. It is not realistic that they will get everything complete and well commented. And which OS4-experienced programmers are working for Amiga Inc? I still have to see them.

@Helge

I sincerely doubt Hyperion are quaking in their boots. having said that it has to be remember that it is a court of law, not a court of justice.

Of course, if Amiga inc/itec win, it will just stretch this on further and further, how much longer people are prepared to wait is questionable.

@Helge
Quote:
I think the only "win" will be if both sides get back to the bargaining table and work things out once and for all. This silly squabble has been going on for years and dragging the fight into court is not the answer.