Have the Wheels Fallen Off? (AId vs. HE)

So, when the heck's the next trial date???? .....and in which state?



I ain't going to the other side of the continent. (Unless someone's kind enough to fund it. )

@Atheist

Lots of filings, but no court date; just motions, replies to motions, replies to replies to motions, and a couple of declarations, and a proposed order.

No court dates, though.

Hi Billsey,


So, when's the Supreme Court back in session? Mon. October 1st?

LET JUDGE JUDY DECIDE!
It will be over in 30 mins!

@Atheist

I'm not sure when the US Supreme Court reconvenes, much less when this court reconvenes, but the latest development is that the judge took three weeks to extend a deadline.

@Billsey

It's ironic they are called "motions" when what is happening is quite the opposite!

Rude!

@Rudei

indeed, I had some "motions" myself today. Feel much better now thanks!

@all

As posted here:
http://amigaworld.net/modules/newbb/v ... hp?topic_id=24100&forum=2

The judges' schedule is in .pdf files, which I asked sundown to summarize for this week.

Quote:

Bookmark the site, if you really want to know this info.

#6

@Mikey_C

Dude, too much information!

Rude!

@number6

Thanks for the link, nothing scheduled for this week either w/c 10th sept that is.

Two new documents today. 65/66.

http://news.justia.com/cases/370498/

@orgin

I am no lawyer, I will leave it to Mitch or GregS to give us their learned opinion, however, from what I can understand, it seems that Hyperion's latest submission seems to really sock it hard to Amiga inc.

Anyone got any opinions on this?

@Mikey_C

There's nothing new there. It's just reworked to include Itec LLC.

Quote:
Hi Mikey_C,

Well, it's my opinion that there isn't an Amiga Inc. on the planet anymore (Amiga Inc. (Del.) is being compelled by law to discontinue use of the name), however there IS a company that will be allowed to freely, soley, distribute, enhance, and select which HW AOS4.x could run on, into the future, unlimited!


It's a bit tricky reading in a few places but is mostly quite clear. There are SO MANY contingencies covered, all "holes" are plugged up against Amiga Inc.'s "case" against Hyperion Entertainment VOF, it's rediculous that they would even continue to pursue it in court anymore, even with doubling their lawyer cadre.

And it's not even mentioned that they tried to bypass paying all other costs of Hyperion's BEFORE they could exercise the "by back clause" of $25,000. Also not brought up, the pathetic, humiliating reneging on the Kent Events Stadium deal, too!

"Amiga Inc." has finally died.... (boohooo)



Mr. Kinsel, you're my hero!!!


LONG LIVE "Amiga"!

@Mikey_C

I don't know if my opinion after a quick reading is much help to anyone but I have to agree with Billsey when he said:

"There's nothing new there. It's just reworked to include Itec LLC."

It boils down to the meaning of insolvency in terms of the law and the contract.

I know it is an offence to continue trading when insolvent in Australia, and that the company has to take immediate steps to deal with it. One way is bankruptcy and another way is reorganising the company structure to effectively make it solvent again. If it is a subsidiary, the parent company has two choices, it either lets it hang (bankrupts it) or rearranges the assets and liabilities so that the insolvency disappears.

Insolvency becomes a legal state when a legal action is taken, periods of insolvency that are privately solved before they manifest as a legal action, or it is just a bookkeeping anomaly, when liabilities outstrip assets are then readjusted so that they don't.

I don't know US commercial law, and only have the sketchiest notion of Australian Commercial Law, there are others, I am sure, that would have a surer opinion, a lot will depend on the judge's interpretation in any case.

But I think, whatever the outcome, Billsey's statement holds. This is reworking of Hyperion's original case, including Itec and better shaped to boot.

Basically I want it to end sooner rather than later.

@GregS

Quote:

Hear, hear! Unless and until it ends in Hyperion's favour, we'll never see any new hardware and OS4 will wither on the vine.

@All,

What I'm wondering is if/when Hyperion win would they be able to set up a new company called 'Amiga' in conjunction with Acube to sell new Amiga brand hardware pre installed with OS4.

Hyperion has asked the court to issue a 60 day summons against Itec, LLC, whatever the 60 day part means.

I notice that on another website that people are hoping that there's an out of court settlement.

I'm against it now.

Problem is, Hyperion looks highly likely to win (they don't need to buckle even an inch), and Amiga Inc. (ANY of them) will NOT under ANY circumstances (even when they lose in court) live up to any kind of "commitment" or court imposed verdict in any way, shape or form anyhow!!


Hyperion would be MAD to think that if Amiga Inc. signed any proposal on paper at all, that they'd deliver. HAH! (It'd just be another quick trip back to the courtroom.)



P.S. I meant to call this "Have the Wheels Fallen Off the BUS?".
Heheh.