@Lou

Quote:

Lou wrote: There you go platform jumping again when your point is invalidated. We are not talking about the NY ITEC case here.

You were talking about buying the OS, Itec bought the OS, if I am going to respond to something about buying the OS from Hyperion, I am going to have to mention Itec.

Quote:

As KMOS admitted themselves, they are not a party to the 2001 contract, nor is ITEC as they have admitted themselves. This is how you twist things to seem like you are correct.

None of the above changes that Itec bought the OS from Hyperion for $25K.

Quote:

The 2001 contract was between Amino, Eyetech and Hyperion. Any payments made to Hyperion are in the name of Amino regardless of the benefactor.

Thats an utterly ridiculous statement. When they got royalties from selling one of there games, that was counted as money paid in the name of Amino, I mean thats a payment, and you think any payment made to Hyperion are in the name of Amino.

Quote:

Again, if I pay 99% of my minimum balance, I'd still get a late fee. PAID IN FULL is all that matters ..... $250 is the only number you need to remember as all parties have agreed that they were short this much. No other $ figure matters other than the damages Hyperion is trying to recover.

The problem with you example is a credit card is money you owe someone. Itec didnt owe Hyperion money, Itec bought something from Hyperion and didnt receive it. In the US, after 90 days, Hyperion would have to pay interest on the $24750 they received and didnt provide a product for (and didnt request the additional funds). I'm real sure the interest of the at least $24750 they received in April and May of 2003 exceeded the $250 they may or may not owe years ago. So the $250 is important, but not in the way you think it is.
-Tig

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@Lou

Quote:

$250 is the only number you need to remember as all parties have agreed that they were short this much.

Perhaps they were... confused!

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@Lou

Quote:

Again, if I pay 99% of my minimum balance, I'd still get a late fee. PAID IN FULL is all that matters.

You're arguing like Amiga Inc. would be in debt to Hyperion. Think again, we're discussing wether a purchase was made or not. The amount is irrelevant, a payment was made and Hyperion accepted it and kept it, knowing very well what the money was intended for. If anyone owes someone in this matter, it's Hyperion who owes Amiga Inc. Depending on the outcome of the court case, they either owe Amiga Inc. the source codes for AmigaOS4 or they owe Amiga Inc. whatever payment they recieved for handing over the AmigaOS4 sources. Hyperion can't have both.

Last edited by samface on 02-Feb-2008 at 03:55 AM.

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