Amiga Inc argue that Hyperion cannot get AmigaOS, because the clause in the contract states it will go to the AmigaOne partners, which is Hyperion AND Eyetech. The question is, can the judge let the AmigaOne partners have it, both Hyperion and Eyetech, even though Eyetech is not a party in this suit? This seems to be the show stopper to me. But I'm not too good with this legal talk, I just like to make widdle pieces of software.
hyperion posted their counterclaim, and amiga are responding to it. i dont think kinsel will reply again to it.
point 1 - if hyperion dont own the trademarks, how can they sue amiga for not owning them?
point 2 - if hyperion want to persue the 2001 contract section 2.07, and quote it themselves, they must then be bound by what it says, and it says the amigaone partners get stuff in case of bankruptcy, not just hyperion. they need to join eyetech in the case to get things for the amigaone partners in the contract.
Poor old Amiga Inc. Del., grasping at oragami straws, made of the lowest quality toilet paper, totally useless. !
I stand by the prediction of Hyperion Entertainment winning this case, in totality. I've dissected Amiga Inc. Del.'s opening paragraph which is on Justia's page (the one that lists all the documents) on another, ahem, website and it has no credibility whatsoever.
This lawsuit is harassment and futile.
So, the day after "Amiga Inc. Del." no longer has "Amiga", what do the employees who show up to work DO that and all the rest of their days there??? !!!!
Support Amiga Fantasy cases!!! How to program: 1. Start with lots and lots of 0's. 10. Add 1's, liberally. "Details for OS 5 will be made public in the fourth quarter of 2007, ..." - Bill McEwen Whoah!!! He spoke, a bit late.
As orgin said, the judge has decided that the case should proceed to the next level, another in-person court session. I guess it's the trial itself.
However, lawyers that are on the perceived losing side like to drag cases out, hoping the other side runs out of money or loses interest, or even fails to appear. (There are rumors that lawyers do this to line their pockets with gold lint, but I'm skeptical. )
Amiga Inc. Del.'s activities prior to the trial are very curious, suspicious, if not outright criminal, and that usually means they have much to hide, while Hyperion Entertainment is very upfront and transparent.
Does Bill McEwen own 10% of all that was bought from Gateway 2000? He paid Hyperion with a personal cheque. I could see that as the ONLY reason he hasn't been thrown out yet.
Does Bill McEwen (still) work for the mysterious Amino Developments LLC? Just what have they developed recently, anyway?
What happened to the Kent Arena deal? How about the PPC computer that was supposed to be released/sold in Dec. 2007?
It's an "Amiga OS" and yet NO company official addresses us on ANY Amiga message boards. Are they THAT busy????
Do they own even ONE (micro)AmigaOne?
If all (and more) of these strange goings-on could be brought up in the trial, I don't think Amiga Inc. could stand any chance of winning whatsoever.
Trials could continue for near forever, so I don't know how long it will take, only can hope not too many more months, verdict in say September, October this year.
That's my guess.
I think the judge will get some good laughs out of it, but can't say so, because we certainly are.
Support Amiga Fantasy cases!!! How to program: 1. Start with lots and lots of 0's. 10. Add 1's, liberally. "Details for OS 5 will be made public in the fourth quarter of 2007, ..." - Bill McEwen Whoah!!! He spoke, a bit late.
I stand by the prediction of Hyperion Entertainment winning this case, in totality. I've dissected Amiga Inc. Del.'s opening paragraph which is on Justia's page (the one that lists all the documents) on another, ahem, website and it has no credibility whatsoever.
Do you really believe Hyperion are going to win? Or do you merely *want* them to win? I want them to win too, but I have a feeling this case could go either way.
Does Bill McEwen own 10% of all that was bought from Gateway 2000? He paid Hyperion with a personal cheque. I could see that as the ONLY reason he hasn't been thrown out yet.
Does Bill McEwen (still) work for the mysterious Amino Developments LLC? Just what have they developed recently, anyway?
What happened to the Kent Arena deal? How about the PPC computer that was supposed to be released/sold in Dec. 2007?
It's an "Amiga OS" and yet NO company official addresses us on ANY Amiga message boards. Are they THAT busy????
Do they own even ONE (micro)AmigaOne?
If all (and more) of these strange goings-on could be brought up in the trial, I don't think Amiga Inc. could stand any chance of winning whatsoever.
you do realise that none of this has anything to do with amiga inc vs. hyperion, dont you ?
*edit*
also the amount of wrong information in your post is staggering. i hope everyone realises you are making questions mostly, not statements.
As orgin said, the judge has decided that the case should proceed to the next level, another in-person court session. I guess it's the trial itself.
wrong, the actual trial will be a while a way. discovery will be first.
Quote:
However, lawyers that are on the perceived losing side like to drag cases out, hoping the other side runs out of money or loses interest, or even fails to appear. (There are rumors that lawyers do this to line their pockets with gold lint, but I'm skeptical. )
you do realise that hyperion have drawn it out more than amiga, yes? countersuits, trademark queries, getting other parties joined in making it more complex, etc.
Quote:
Amiga Inc. Del.'s activities prior to the trial are very curious, suspicious, if not outright criminal, and that usually means they have much to hide, while Hyperion Entertainment is very upfront and transparent.
i take it you are refering to the transfer of assets from company to company? that is one thing the trial will be needed for, to clear this all up. then people can call it criminal or shut up about it.
Quote:
Does Bill McEwen own 10% of all that was bought from Gateway 2000? He paid Hyperion with a personal cheque. I could see that as the ONLY reason he hasn't been thrown out yet.
why would he own 10% from gateway ?! you are the very first person to ever mention that, stop making things up. he paid hyperion 10% to own that much of os4. if you agree to this, then you must agree that hyperion sold os4 4 years ago.
Quote:
Does Bill McEwen (still) work for the mysterious Amino Developments LLC? Just what have they developed recently, anyway?
they dont have time what with being sued by hyperion.
Quote:
What happened to the Kent Arena deal? How about the PPC computer that was supposed to be released/sold in Dec. 2007?
i take it you saw the answers to these from bill mcewan? Quote:
It's an "Amiga OS" and yet NO company official addresses us on ANY Amiga message boards. Are they THAT busy????
As orgin said, the judge has decided that the case should proceed to the next level, another in-person court session. I guess it's the trial itself.
wrong, the actual trial will be a while a way. discovery will be first.
Hi derfs,
Sorry for the extended delay in replying. (I must be a lawyer at heart. )
I do believe that this IS discovery?? It's only been going on since April 2007. Quote:
Quote:
However, lawyers that are on the perceived losing side like to drag cases out, hoping the other side runs out of money or loses interest, or even fails to appear. (There are rumors that lawyers do this to line their pockets with gold lint, but I'm skeptical. )
you do realise that hyperion have drawn it out more than amiga, yes? countersuits, trademark queries, getting other parties joined in making it more complex, etc.
Hyperion Entertainment are maneuvering through all the various violations of Amiga Inc. Del., bringing all of them to light to get all that they should. Quote:
Quote:
Amiga Inc. Del.'s activities prior to the trial are very curious, suspicious, if not outright criminal, and that usually means they have much to hide, while Hyperion Entertainment is very upfront and transparent.
i take it you are refering to the transfer of assets from company to company? that is one thing the trial will be needed for, to clear this all up. then people can call it criminal or shut up about it.
Yes, it's criminal.... They MOVED assets and ABSOLVED themselves of debts IN ADDITION to STACKING debts through the roof. Read about how they kept asking for and getting more and more money from ITEC, around $300,000 total. What B### S### was that all spent on??? Not paying summary judgments against them to former employees, that's for sure!!!
Quote:
Quote:
Does Bill McEwen own 10% of all that was bought from Gateway 2000? He paid Hyperion with a personal cheque. I could see that as the ONLY reason he hasn't been thrown out yet.
why would he own 10% from gateway ?! you are the very first person to ever mention that, stop making things up. he paid hyperion 10% to own that much of os4. if you agree to this, then you must agree that hyperion sold os4 4 years ago.
[/quote] Wrong. I'm not making anything up. Companies should pay bills with COMPANY checks, not money from your own bank account. Does Bill McEwen own 10% of Amiga assets? He paid for 10% of an AMIGA asset, didn't he?
AOS4.0 was not sold as Amiga Inc. Del. never paid for development costs that are quite clearly outlined which must be paid first. Conveniently they ignore/bypass that in their court documents that they submit. Quote:
Quote:
Does Bill McEwen (still) work for the mysterious Amino Developments LLC? Just what have they developed recently, anyway?
they dont have time what with being sued by hyperion.
Hahahahahahahahahahahahahahaha!!!!
You gotta be kidding!!!
Quote:
Quote:
What happened to the Kent Arena deal? How about the PPC computer that was supposed to be released/sold in Dec. 2007?
i take it you saw the answers to these from bill mcewan?
No I didn't, BUT he could just as easily release that new computer of Adam's with the magnificent astounding jaw dropping incomprehensibly wonderful AOS5.0 they've completed. "They don't need no stinkin' AOS4.0." Quote:
Quote:
It's an "Amiga OS" and yet NO company official addresses us on ANY Amiga message boards. Are they THAT busy????
what do you expect them to say ?
[/quote] How about: "Buy AOS5.0, it's better than AOS4.0, that's 4 sure."
Looks like a winner to me.
Support Amiga Fantasy cases!!! How to program: 1. Start with lots and lots of 0's. 10. Add 1's, liberally. "Details for OS 5 will be made public in the fourth quarter of 2007, ..." - Bill McEwen Whoah!!! He spoke, a bit late.
I stand by the prediction of Hyperion Entertainment winning this case, in totality. I've dissected Amiga Inc. Del.'s opening paragraph which is on Justia's page (the one that lists all the documents) on another, ahem, website and it has no credibility whatsoever.
Do you really believe Hyperion are going to win? Or do you merely *want* them to win? I want them to win too, but I have a feeling this case could go either way.
Hi jahc,
I spoke with Mr. Kinsel, it was brief, maybe 5 minutes.
I felt that he was interested in this case not merely for financial reasons.
He was a one man show (only he was there) vs. the 4 lawyers and 1 extra support person they (AI) had in the courtroom there that day. Also a secretary too. That law firm that Amiga Inc. Del. has is a heavyweight. I don't think he'd be willing to pursue this if he thought he was going to lose. Hey, he knows about the transfer of $24,750 for supposed payment in full and still took the case. I guess what I'm saying is, "he ain't stupid."
So yes, I think they can and will win.
Support Amiga Fantasy cases!!! How to program: 1. Start with lots and lots of 0's. 10. Add 1's, liberally. "Details for OS 5 will be made public in the fourth quarter of 2007, ..." - Bill McEwen Whoah!!! He spoke, a bit late.
Athiest wrote: Companies should pay bills with COMPANY checks, not money from your own bank account. Does Bill McEwen own 10% of Amiga assets? He paid for 10% of an AMIGA asset, didn't he?
I disagree with you here Athiest. Just because McEwan paid for something with a personal cheque doesn't mean he has legal ownwership. If I remember rightly Amiga (whichever incarnation of Amiga it was at the time) couldn't pay a bill from the company coffers due to a lack of money so McEwan settled the bill with a personal cheque.
Athiest wrote: Companies should pay bills with COMPANY checks, not money from your own bank account. Does Bill McEwen own 10% of Amiga assets? He paid for 10% of an AMIGA asset, didn't he?
I disagree with you here Athiest. Just because McEwan paid for something with a personal cheque doesn't mean he has legal ownwership. If I remember rightly Amiga (whichever incarnation of Amiga it was at the time) couldn't pay a bill from the company coffers due to a lack of money so McEwan settled the bill with a personal cheque.
Apart from that I tend to agree with your points.
Hi JeffShepherd,
I'm not trying to be difficult, but I think it a bit odd that say, someone works for f.e. FedEx, and a bill comes in for say a repair of a delivery truck that a one Joe Foreman on the loading dock whips out HIS check book and cuts one to the amount owing.
Just saying, I think that it's unusual, that's all.
Anyone else smell a rat?
Support Amiga Fantasy cases!!! How to program: 1. Start with lots and lots of 0's. 10. Add 1's, liberally. "Details for OS 5 will be made public in the fourth quarter of 2007, ..." - Bill McEwen Whoah!!! He spoke, a bit late.
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