Hi there everyone,

While reading the Bunny (Moobunny), BBRV made a post - which is often done, which declares the following:

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What will happen next?

1. Genesi will enforce the "upgrade" clauses to AmigaOS 4.2 and beyond.
2. The Hyperion/Eyetech OS 4.0 Agreement will be declared "null and void and of no force or effect."
3. We will sublicense under the Agreement and the ruling.

We are so tired of some of the "idiots" in this community.

It is time to end all this.

R&B

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If this is legit and means what I think it does (Hope i'm wrong) they seem to feel they own MORE than a license and will pursue legal action again Hyperion and Eyetech so that the Amiga OS4 agreement is null and void. I doubt they would get very far with this - but what the hell is happening? We need this cleared up WITHOUT vagueness, as this is just getting ridiculous.

Can anyone shed any light on this as it now seems WE are being targeted and not just the DE.

Chris

@Oxygenet

I sometime feel it like both the Genesi and Ainc has painted themselves into corners.
Why can't they talk to each-others like civilized people?

Mad world, it's a very very mad world....

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Site admins are people too..pooff!

@tomazkid

You're not wrong at all. I see it like this:

Amiga license DE to Genesi and then ran out of money - so could not fulfil their license obligations. Genesi got upset and started plotting and now plan on ruining the Amiga altogether and then world domination

This thread is not in anyway or shape meant to be flame bait, it is a serious question about some serious consequences for our platform. We know Hyperion say not to worry, but we've not had anything backed up to show that they won't lose the source code and now Genesi seem to emply they OWN DE in someway, when infact surely they only license it?

Chris

@Oxygenet


I have no special knowledge but I have read some of the original documentation which seems to be the basis of the long running battle.

The agreement was originally for Amiga Inc to supply Thendic with AmigaDE to go onto a handheld device called smartboy or cashboy running CE. A subclause allowed Thendic to have the same software on other lines of products -- the right is not trnasfrerrable, and it would seem that stretching this a fair bit to put up Pegasos on a differnt chipset running MorphOS.

In other words the whole thing seems to be based on an absolutely non-controversial and I dare say standard agreement between a software vendor and a OEM -- how it has got blown-up to this degree I do not know.

I have seen no document whatsoever, which could in anyway be interpretated to effect OS4, Hyperion and Eyetech., let alone OS4.2. Possibly and thgis is stretching things a fair bit OS5 might be argued as a natural extension to DE (I am not sure how you coulkd argue such a thing).

OPf course there may be other documents, indeed whole other court cases, but the only thing that seems to have happened and even this has not been document is that the judge has given some interem ruling about Amiga Inc supplying DE for pegasos (however even this I put in the realms of rumour until it is confirmed unambigiously).

My advice - is just relax, there is just too much fudd about to get worried, the few ascertainable facts don't seem to add up to much at all.

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Greg Schofield, Perth Australia

@Oxygenet

That basically makes me sick... I won't write something like "I hate buck and I want hem to di!" or "I really wich genesi would burst into flames and go back to the dark burning inferno from where it once came" ...

oh ... I just did ...

btw. I remember an interview with bbrw on some Amiga show a few months back where mr buck stated that "we're not interessted in Amiga or AmigaOS" we wich them all the luck in the world. Soooo that was nothing but utter BS!?

I'm so surprised .. NOT!!!!!!


/shoe

@Thread

Let's please keep this one down to under 9 pages (it takes too much time to keep up). And do keep an eye on your words. We've all heard this type of talk before. This time is no different.

Lolll!!! Don't worry that's just BS.

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José

@shoe

Quote:

btw. I remember an interview with bbrw on some Amiga show a few months back where mr buck stated that "we're not interessted in Amiga or AmigaOS" we wich them all the luck in the world. Soooo that was nothing but utter BS!?

Bill Buck is just doing things from the "business is war" point of view - if it's not actually illegal, it's OK to do. IBM used to do things just like this 20 years ago, and Microsoft 5 years ago (some say they're still doing them). He's probably quite proud of his achivements as a businessman, and can't see what the fuss is all about.

I'd like to know exactly how he plans to do all those things. After all, he didn't really win his case with Amiga Inc, it was a judgement by default. Which means that his case hasn't really stood up to legal scrutiny yet. It would be interesting to see what happens when he tries to "force upgrades" and "anul agreements", I don't think Hyperion is just going to roll over and play dead like Amiga Inc did.

I personally think this is just another Garry Hare - lots of noise and smoke right now, but it will resolve to nothing and in a few months no-one from Genesi will even mention it.

Where can I find a transscript of the recent court ruling?

Anyway this sounds more and more silly.
I admit that the contract was weak in it's descriptions but to think they can get everything because of that... it will probably never happen.

The contract does not give Genesi any exclusive rights and are only talking about AmigaDE so I follow BBRV in this recent mobunny post???

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Hi,

It certainly looks like Genesi are "bottom Feeders" Or is it "vultures" waiting for an opertunity to swoop in and suck up whats left. But, Eyetech and Hyperion are not in financial bad shape like AInc. Nor is Eyetech or Tao. There will be more chapters to this story.

Chris

Guys,

Just listen to Greg. This is little more than a tea kettle whose flame is sputtering. There's a lot of noise, but the gas is running out.

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Life without the LORD is like a soap bubble without the soap. Without Him, you are nothing.

@Oxygenet

- We are so tired of some of the "idiots" in this community.


Well, maybe they are the idiots

They look as if they are children "Amiga is mine not yours" but in the other hand exists the possibility that they are acting like little children because they have some kind of sexual frustration.

Its an olde tactic called Divide & Conquer , You might have heard of it !!

Bullshyzer is being spouted to see if they can force a wedge between the Allies. Get them bickering amongst themselves.



Well ..................

United we stand. Divided we fall .


I don't think A.Inc is the only ones here getting seriously low on funds ( or prospects) .....................

The BIG BASH is just round the corner .... And the sounds of merriment will be heard.

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I dont suffer from Insanity - I enjoy it

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@The_Editor

Quote:

The BIG BASH is just round the corner .... And the sounds of merriment will be heard.

This gets things in perspective and I mean that. The legal case does not really amount to much at all -- yes it appears some orders may have been given -- but they are not published yet on anywhere I can find "http://www.mindrelease.net/amiga-thendic/", so what they may actually contain is still open to speculation (if indeed something has been ruled).

Besides which at the very worst it can only mean that DE has to be ported to Pegasos/MorphOS, which at this stage is no big deal -- but I tell you straight the show is not over till its over, any appeal will overturn any decision like this because the one named piece of hardware, a PDA running CE was never made.

As The_Editor says the big news, the thing that will amke a real immediate difference is OS4 and that is not long off now.

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Greg Schofield, Perth Australia

OK, so they won this due to some contract between Amiga Inc. and Thendic France, is this correct?

Did BBRV nto recently announce that Thendic would be closed, and that due to some problem they were unable to buy Thendic? That Thendic is now closed? That Thendic is not part of Genesi, as they had intended to do but were for some reason unable to do so?

So, how can Genesi, who do not own Thendic, it's assets or services, claim Amiga Inc. are still "in trouble" because Amiga Inc. failed to keep their end of a contract with a company which is now closed and gone?

Sure, Amiga Inc. may have done bad by breaking contract when Thendic was still here, I won't say any company is good for backing out of a contract, even if that other company ends up in bed with a competitor. Heck, Amiga did business with Microsoft, so completing a contract for Thendic would have been quite acceptable I'd think. But I digress...

Now that Thendic is closed, is the contract not today null and void, as there is no current "legal guardian" of it due to Genesi's problems with Pretory SA that somehow prevented Genesi from properly taking over Thendic??

I'm not a lawyer, haven't seen any of these contracts, but the news I've seen here and ann.lu make it sound like there's no longer any legal standing on Genesi's part in this contract issue. Though you'd think that Amiga Inc. would have used that info that Genesi could not have sued over some one else's (Thendic's) contracts which Genesi didn't have rightful claim to.

Anyone smart enough about this stuff to explain what claim Genesi now has at all if the contract was between Amiga Inc. and Thendic????

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All glory to the Hypnotoad!

@billt

Thanks for this message - I must say that I am as confused as you are over who owns what and what is what on that side of things.

As I said any appeal in the future will succeed on a great many grounds. Before I thought Amiga Inc might be waiting for the final hearing, now I think they have had even better luck, that is a right is no right at all unless it is enforceable, just who can turn up to Amiga Incs door and insist that they are the proper people? The mind boggles.

I think Amiga Inc can just sit tight until someone does come knocking, and what will they say? "I represent the third company down the line about a product with which you have signed no contract with but have to supply goods to on the authority of ruling made in favour of a company that no longer exists." Yeah sure take the lot.

Sorry I should not be so flippant, but I cannot see any of this really hurting Amiga Inc (now or in the future) or touching on Hyperion or Eyetech, or being able to resurrect Thendic. It is a nothing built on a nothing.

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Greg Schofield, Perth Australia

@Jose

Quote:

Jose wrote: Lolll!!! Don't worry that's just BS.

Yes I am willing to agree with that. BUT the damage is already done. Even if this is the tactics they are using, WE still get hurt by it. Otherwise the threads wouldn't get 180+ posts!

Btw, is it just me or is AmigaWorld.ORG's total turnaround a bit too convinient with this recent houling about Genesis "success"???


/shoe - Judgement day.

@shoe

Quote:

shoe wrote: @Oxygenet That basically makes me sick... I won't write something like "I hate buck and I want hem to di!" or "I really wich genesi would burst into flames and go back to the dark burning inferno from where it once came" ... oh ... I just did ... btw. I remember an interview with bbrw on some Amiga show a few months back where mr buck stated that "we're not interessted in Amiga or AmigaOS" we wich them all the luck in the world. Soooo that was nothing but utter BS!? I'm so surprised .. NOT!!!!!! /shoe

I hope someone will stop William H. Buck ASAP (Stop him from destoying companies, and peoples deams)... He has destoyed too many companies ... Viscorp... Pretory... Thendric-France... (and in all these years he was also trying to kill Amiga and its community) What a sick man

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Best regards,
hnl_dk - Henning Nielsen Lund [Denmark]

Please send no PM to me, email me if you want to contact me. See you somewhere else.

@shoe

Quote:

shoe wrote: @Jose Quote: Jose wrote: Lolll!!! Don't worry that's just BS. Yes I am willing to agree with that. BUT the damage is already done. Even if this is the tactics they are using, WE still get hurt by it. Otherwise the threads wouldn't get 180+ posts! Btw, is it just me or is AmigaWorld.ORG's total turnaround a bit too convinient with this recent houling about Genesis "success"??? /shoe - Judgement day.

Lets call him Judas from now on... Just visited the site ... Looks like I never am going to visit that site anymore!!!

I visit MorphZone sometimes, but that crap

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Best regards,
hnl_dk - Henning Nielsen Lund [Denmark]

Please send no PM to me, email me if you want to contact me. See you somewhere else.

@billt

Quote:

Sure, Amiga Inc. may have done bad by breaking contract when Thendic was still here, I won't say any company is good for backing out of a contract, even if that other company ends up in bed with a competitor. Heck, Amiga did business with Microsoft, so completing a contract for Thendic would have been quite acceptable I'd think. But I digress...

This is a testimony to the genesi propaganda machine and the multitude of BLATANT and ever continuing LIES being spouted without break.

Amiga Inc. has broken NO contract.
Thier contract clearly states that Thendic may APPLY to have future devices included in the contract and they would be included at AMIGA INC's DISCRETION.
No where in the contract does it state imply or otherwise allude to that Amiga Inc is REQUIRED to port DE to any other product other than the specific one that has been stated in said contract.

Furthermore, there has NEVER been ANY written application to Amiga Inc by Genesi or any other party to have AmigaDE ported to ANY other device by any of the companies own and/or directed by Bill Buck.

All of this is in the so called "legal documents" that pegasos enthusiasts and AMigaInc. detractors have so gleefully used to back up thier #### FUD campaigns over the past months.

If this boiled down the character Bill Buck would lose in a micro second, his lies are spread thick across not only the forums of various websites, but in emails to individuals and press releases and news items that are so numerous I would not be surprised if they took up 10-20% of the hard drive space that is devoted to the AMiga community.

All that being said, this is nothing more than a publicity stunt aimed perfectly to drown out the great news that pre production microA1's are available in very limited numbers for sale, and to direct attention of anyone looking at the Amga Community to the pegasos, or at least away from Amiga with a barrage of crap.

Maybe I am getting a little hot under the collar, but I expect a certain amount of integrity and social/moral fibre in people, but the behavious and track record of this man and the companies he has been directly involved with have been the exact opposite of that standard.This, in and of itself is more than I can stand by and allow.

Perhaps we should start a thread to ducument all of the lies, misdirection and outright FUD which Mr Bill Buck has spread with links etc. People returning to the Amiga community should be able to be provided with the proof of this so they are not swayed and can dismiss him and his comments with as much regard as they are worth.....less than none

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