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COBRA
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 14:29:07
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Joined: 26-Apr-2004 Posts: 1809
From: Auckland, New Zealand | | |
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| @umisef
In my opinion it's irrelevant whether Hyperion entered the contract knowing about the Party Pack or not, it is Amiga Inc's responsibility to resolve the issue with Hyperion and the people who paid and were rightfully expecting to get what they paid Amiga Inc. for. They failed to resolve it, and by that they breached the contract. |
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billt
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 14:35:05
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Elite Member |
Joined: 24-Oct-2003 Posts: 3205
From: Maryland, USA | | |
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| never mind, redundant Last edited by billt on 05-Nov-2007 at 04:16 PM.
_________________ All glory to the Hypnotoad! |
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Tigger
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 14:48:54
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Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @COBRA
Quote:
COBRA wrote: @umisef
In my opinion it's irrelevant whether Hyperion entered the contract knowing about the Party Pack or not, it is Amiga Inc's responsibility to resolve the issue with Hyperion and the people who paid and were rightfully expecting to get what they paid Amiga Inc. for. They failed to resolve it, and by that they breached the contract. |
First of all its totally relevant about Hyperion knowing about the Party Packs, secondly, the entire scenario about the Party Pack and Coupon date is a non-issue with regards to the 2001 contract anyways, its just more of Hyperions "Operation Scorched Earth" where they attempt to destroy everything because they understand they are going to lose the case. -Tig
_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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COBRA
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 15:05:34
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Super Member |
Joined: 26-Apr-2004 Posts: 1809
From: Auckland, New Zealand | | |
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| @Tigger
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First of all its totally relevant about Hyperion knowing about the Party Packs |
Why is that? Amiga Inc. breached the contract regardless, by failing to resolve the issue AFTER the contract was signed. But even if what you and umisef imply was correct (that Hyperion knowing about such an issue when signing the contract makes it a non-issue), it doesn't help with regards to the "I am Amiga club" scheme, which took place after the contract was signed.
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its just more of Hyperions "Operation Scorched Earth" where they attempt to destroy everything because they understand they are going to lose the case. |
No, in your own (in my opinion distorted) view it may be the case, but if Hyperion thought they were going to lose the case, they certainly wouldn't want to waste more money in lawyers, by starting another case with Amino. |
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Hans
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 15:15:24
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Elite Member |
Joined: 27-Dec-2003 Posts: 5092
From: New Zealand | | |
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| @billt
Quote:
billt wrote: @Hans
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So "Amiga Inc" (more likely it's investors) have started three lawsuits against Hyperion |
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Plaintiff: Hyperion VOF Defendant: Amino Development Corporation |
That makes it sound like Hyperion started this one, not Amiga. |
I have been corrected on this error by several different people already.
Hans
_________________ Join the Kea Campus - upgrade your skills; support my work; enjoy the Amiga corner. https://keasigmadelta.com/ - see more of my work |
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billt
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 16:15:33
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Elite Member |
Joined: 24-Oct-2003 Posts: 3205
From: Maryland, USA | | |
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| @mike
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But suing for the $90,000 dollars 900 users gave amiga a few years ago to receive a copy or a discount on os4 is a possibility... |
Class action suit? Let me know if anyone starts one, as Amiga owes me $250. (Windows+Linux Party Packs + the coupon)_________________ All glory to the Hypnotoad! |
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Spectre660
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 16:27:21
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Elite Member |
Joined: 4-Jun-2005 Posts: 3918
From: Unknown | | |
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| @Tigger
as I have said I have not seen the Complaint document in Hyperion vs Amino.
What I have asumed is the Amino -> Amiga(W) -> Amino.
so if this is the case then Hyperion are going after what was Amiga(W).
if this is not the case then the os 3.x warranty clause would not apply to Amnio.
see Amiga-Hyperion pdf no 39. page 11 lines 23-25. also page 17 lines 1-26 and page 18 lines 1-3. page 19 lines 15-25. page 20 lines 1-5
_________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card |
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ChrisH
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 16:32:53
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Elite Member |
Joined: 30-Jan-2005 Posts: 6679
From: Unknown | | |
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| @Tigger Quote:
The judge is going to throw out this new case, because it deals with the exact same 2001 contract as the other case in washington and both judges are going to take a dim view of Hyperion forum shopping the case. |
But it's OK when Amiga Inc/etc do it? _________________ Author of the PortablE programming language. It is pitch black. You are likely to be eaten by a grue... |
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fairlanefastback
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 16:42:08
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Team Member |
Joined: 22-Jun-2005 Posts: 4886
From: MA, USA | | |
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| @ChrisH
Quote:
ChrisH wrote: @Tigger Quote:
The judge is going to throw out this new case, because it deals with the exact same 2001 contract as the other case in washington and both judges are going to take a dim view of Hyperion forum shopping the case. |
But it's OK when Amiga Inc/etc do it? |
Damn, just when I was hoping there was a lull in this crap so that Tigger could finish the AROS Efika port, it starts all up again. _________________ Pegasos2 G3 running AOS 4.1 and MorphOS 2.0 Amikit user, tinkering with Icaros VM (AROS) EFIKA owner Amiga 1200 |
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Lou
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 16:42:43
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Elite Member |
Joined: 2-Nov-2004 Posts: 4227
From: Rhode Island | | |
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| So first ITEC aquired the assets because it's the 1st secured creditor and AInc.(W) was insolvent...but never filed for Chapter 11...
...now AInc.(W) was never insolvent, so how did ITEC get the contract from AInc.(W)?
It seems to me, Hyperion is rightly suing Amino (AInc.(W)) for handing over a contract to ITEC without consulting Hyperion in advance, per the contract's details. If they win, it' means ITEC owns nothing and the NY suit is bogus and Aminga Inc.(D) owns nothing and that suit is bogus as well.
Interesting: Can Bill McEwen be the CEO of 2 different companies? This shell game is a complete joke. |
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number6
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 17:16:50
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Elite Member |
Joined: 25-Mar-2005 Posts: 11616
From: In the village | | |
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| @Tigger
I tried this question in another thread and did not get an answer. Can you help a mere layman to understand this?
From Amiga Inc.'s website: Quote:
March 16, 2005 - San Francisco, CA - Today, KMOS, Inc. announced that it has completed all registrations with the State of Delaware formally changing its corporate identity to Amiga, Inc. |
Source: http://www.amiga.com/news/index.php?art=2
ok. This would indicate the corporate identity IS Amiga Inc. in 2005.
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Date of Incorporation 04/20/2007 |
Source: http://www.secstate.wa.gov/corps/search_detail.aspx?ubi=602621140
ok. This would indicate the corporate identity was -not- Amiga Inc. until 6 days before the legal action was filed against Hyperion VOF.
So, which is it? Or, as I posed earlier...is this 2nd notice (above) a renewal of some type and not an original filing?
#6
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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billt
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 18:17:19
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Elite Member |
Joined: 24-Oct-2003 Posts: 3205
From: Maryland, USA | | |
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| @number6
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ok. This would indicate the corporate identity was -not- Amiga Inc. until 6 days before the legal action was filed against Hyperion VOF. |
That shows that Amiga of Delaware have got a license to do business within the state of Washington. Amiga of Delaware could have existed for any time eslewhere, in Delaware, New York, etc. before then but not yet had a business license within the state of Washington, and that they were registering so they could have an official company address inside the state of Washington, do lawsuits, etc there. I imagine they had to do this so they could sue within the jurisdiction defined by the contract._________________ All glory to the Hypnotoad! |
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Tigger
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 18:40:17
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @COBRA
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COBRA wrote:
Why is that? Amiga Inc. breached the contract regardless, by failing to resolve the issue AFTER the contract was signed. But even if what you and umisef imply was correct (that Hyperion knowing about such an issue when signing the contract makes it a non-issue), it doesn't help with regards to the "I am Amiga club" scheme, which took place after the contract was signed.
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Again COBRA, you keep not explaining what in the (2001) contract makes you think doing this a violation. The general arguments you make in this case dont apply due to the lateness of the software, non-completion of what at the time of the contract was the largest platform for the OS and of course the hardware issue, all of which are squarely to blame on Hyperion.
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No, in your own (in my opinion distorted) view it may be the case, but if Hyperion thought they were going to lose the case, they certainly wouldn't want to waste more money in lawyers, by starting another case with Amino. |
They have the same lawyer doing the case, and he doesnt bill himself as the cheapest lawyer in town because of his high expense. There is nothing new in this case. Hyperion is claiming AI was insolvent (so they have a perpetual license) and that they didnt carry out the buyback on time. Those are the exact same things they are claiming about the very same contract in the same venue but with a different judge in the other case. Venue shopping is really looked down upon by judges. -Tig
_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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Tigger
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 18:43:15
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @billt
Quote:
billt wrote: @mike
Quote:
But suing for the $90,000 dollars 900 users gave amiga a few years ago to receive a copy or a discount on os4 is a possibility... |
Class action suit? Let me know if anyone starts one, as Amiga owes me $250. (Windows+Linux Party Packs + the coupon) |
I tried twice to get enough people together to do this in 2004, and noone was interested, I tried to get Bolten, Matt and one other creditor to put them into an insolvency hearing in 2004 and couldnt get anyone interested, so I dont expect you are going to be able to get it off the ground now. -Tig
_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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Tigger
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 18:52:28
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @Spectre660
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Spectre660 wrote: @Tigger
as I have said I have not seen the Complaint document in Hyperion vs Amino.
What I have asumed is the Amino -> Amiga(W) -> Amino.
so if this is the case then Hyperion are going after what was Amiga(W).
if this is not the case then the os 3.x warranty clause would not apply to Amnio.
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Wrong word usage Spectre. Your references at least imply you are talking about Amino not providing source code to 3.9 per your comment, that isnt a warranty, warranty would be people who bought 3.9 being. upset with unavailable features or bugs in the system. And thats not what the "new" case is about. They are suing saying that AI(W) was insolvent before the Itec sale occurred and that the buyback was carried out too late. This is exactly the case they are making in the other washington case, and the judges are very likely to consider it forum shopping since its once again about the exact same contract, and best case is they are going to add the Amino corporation to the original case, which will make Hyperions case even weaker. -Tig
_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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Tigger
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 19:03:21
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @ChrisH
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ChrisH wrote: @Tigger Quote:
The judge is going to throw out this new case, because it deals with the exact same 2001 contract as the other case in washington and both judges are going to take a dim view of Hyperion forum shopping the case. |
But it's OK when Amiga Inc/etc do it? |
Amiga Inc hasnt done it at all. Itec has shown due dilegence after Hyperion made a rather interesting statement in court, which could have led to a Itec->KMOS lawsuit. The New York case is about the 2003 Itec->Hyperion contract, the original Washington case is about the 2001 Amiga-AmigaOne Partners contract, the new lawsuit started in washington is also about the 2001 Amiga-AmigaOne Partners contract and its in the same venue. The two judges in Washington are going to look poorly at this effort to shop judges. -Tig_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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Tigger
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 19:26:15
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @Lou
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Lou wrote: So first ITEC aquired the assets because it's the 1st secured creditor and AInc.(W) was insolvent...but never filed for Chapter 11...
...now AInc.(W) was never insolvent, so how did ITEC get the contract from AInc.(W)?
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Uhh, noone but Hyperion has ever said that AI(W) was insolvent and noone ever said that is why Itec got the contract.
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It seems to me, Hyperion is rightly suing Amino (AInc.(W)) for handing over a contract to ITEC without consulting Hyperion in advance, per the contract's details. If they win, it' means ITEC owns nothing and the NY suit is bogus and Aminga Inc.(D) owns nothing and that suit is bogus as well.
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Less then 24 hours after the sale of the contract to Itec, Ben sold the OS to Itec despite them being 9 timezones apart, given that fact, do you honestly believe what you just said is true? And I'm sorry but the Itec contract with Hyperion does not say that Itec must be the owner of the 2001 contract for it to be implemented. Its a really simple basically one line contract, they give money, Hyperion gives source code and object modules, they gave the money, they have every right to sue for the code and object modules.
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Interesting: Can Bill McEwen be the CEO of 2 different companies? This shell game is a complete joke. |
Steve Jobs was CEO of 3 at one point, so yes he can (but he has never been listed as CEO of any company but AI(W) and Amino which is the same company, and as the inventor of the shell game story, I hate to point out, but its gotten less and less like a shell game and more and more like Pentti stole everything from Bill and the other investors the longer we go on. -Tig_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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Tigger
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 19:34:28
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @number6
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number6 wrote: @Tigger
I tried this question in another thread and did not get an answer. Can you help a mere layman to understand this?
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Sure
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ok. This would indicate the corporate identity IS Amiga Inc. in 2005.
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Yep, KMOS a company in Delaware changed its name to AI.
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Quote:
Date of Incorporation 04/20/2007 |
Source: http://www.secstate.wa.gov/corps/search_detail.aspx?ubi=602621140
ok. This would indicate the corporate identity was -not- Amiga Inc. until 6 days before the legal action was filed against Hyperion VOF.
So, which is it? Or, as I posed earlier...is this 2nd notice (above) a renewal of some type and not an original filing?
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They are setting up to have offices in Washington and which they may have had to do, to sue in Washington per the original contract. -Tig
_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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Spectre660
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 19:53:35
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Elite Member |
Joined: 4-Jun-2005 Posts: 3918
From: Unknown | | |
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| @Tigger
Edited....
Dream on Dude...
_________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card |
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itix
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Re: Hyperion VOF v. Amino Development Corporation Posted on 5-Nov-2007 20:09:09
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Elite Member |
Joined: 22-Dec-2004 Posts: 3398
From: Freedom world | | |
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| @billt
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Class action suit? Let me know if anyone starts one, as Amiga owes me $250. (Windows+Linux Party Packs + the coupon)
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You are extremely late but there was an attempt to start one four years ago at ANN.
You should read post number #135 to revive your faith in Amiga
_________________ Amiga Developer Amiga 500, Efika, Mac Mini and PowerBook |
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