@Lou

1) Hyperion arranged to pay for those "replacement-sources" BEFORE they even had an agreement with Amino, and then never came around asking for the orginal sources ..... how you construct "Amino forced Hyperion to pay...." is beyond me.

2) Hyperion did sign the contract with Itec, not Amino, whatever transfer happened beween Amino/Itec was thereby accepted by Hyperion.

3) Everything about Aminos financial status was pretty well public eversince 2002, and the never filed for (or were forced into) bancruptsy, so that blows it out of the water. Sure they may have had a different kind of inslovency in mind when sketching that contract, but without specific details on it it's pretty much impossible to proove they were inslovent at any given point of time.

What you don't seem to undestand is that Itec despite NOT calling themselves succesors to the 2001 contract have bought the OS from Hyperion under just the same terms. All that was written in another contract willingly signed by Hyperion.

Sofar Hyperion hasn't come up with the single shred of proof that they were fooled by Itec prior to signing, and until they do that they will just have to accept having sold the OS at bargain price years ago.

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@Lou

Quote:

Lou wrote: See prior post on accepting payments regarding Amino. Olaf allowed access to the CVS and that speaks of itself, I don't need to defend it.

Except you point was about Hyperion paying Olaf and Hyperion paid Olaf nothing from when he signed the contract until sometime in 2006 and even then only paid less then 10%.

Quote:

As for ITEC, they perported themselves as successors and that contract should be invalidated.

No evidence of this has been shown. The contract in fact does not say they are a successor, they did not have several things they would need to be a successor and yet Hyperion signed the contract and took the money.


Quote:

As for KMOS, that admit to not being a party to the contract yet try to exercise rights to it. [quote] After the buyback the contract doesnt make alot of sense, thats the point between AI and Hyperion. [quote] 1) Not directly providing source forcing Hyperion to pay for it themselves

No proof Hyperion asked for the source, on the other hand we know for sure that
1) Hyperion negotiated contract for Olafs OS 3.1 version before Nov 3, 2001
2) Hyperion signed contracts with others for OS 4.0 before Nov 3, 2001
4) Amino had a copy of the original 3.1 source

All of that is in the court documents.

Quote:

2) Attempting to transfer rights of the contract without permission

Hyperion signed the sale document, AI agreed to allow the buyback to occur, Eyetech didnt have to approve for the sale of the OS back to Amino, why would they have to approve the sale to Itec, and if they did have to, then this is only something Eyetech can complain about not Eyetech who willingly signed the contract and took the money.

Quote:

3) Not notifying Hyperion of there insolvency in order to avoid triggering the clause

Because they werent insolvent under Title 11.
-Tig

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