Looks like Amiga Inc is going to lose in Washington and this ITEC from New York is just another attempt in another state. If Hyperion can hold on, they are going to win.

Personally, I think they need to just settle this now out of court. However, I hope Hyperion hangs in there. After Amiga Inc loses, they can sell coffee mugs and then sue Mr. Coffee for infringing on their rights.

Yogi

I guess this means that Amiga Delaware needs to change their name back to KMOS

and

Hyperion gets to market OS4.

I don't think New York has any jurisdiction over Hyperion unless the OS4 "sale" contract granted it.

It seems AInc.(W)/ITEC/KMOS are reaching for straws now...

@thread

The whole mess makes me sick. I can't understand anyone supporting either side in this. AInc in it's various forms has proven to be a bunch of scammers and crooks. They still have not paid court odered debts. The t-shirt coupon scam will live on in infamy.

Hyperion is as bad or worse. We were led to believe that OS4 had validity because it was based on the original sources. Now they tell us it was not. They have changed the date of delivery to get out of the contract but yet never paid the developers. They say the sources were never delivered so the contract was broken yet they say those same sources were useless to them any way They say the transfer of AInc was invalid but won't live up to the agreement with Itec. The stalled around trying to "steal" OS4 through the insolvency clause while developers languished. They signed a BAD contract, too bad for them, everything they have argued has not made the original contract any better. They were stupid to sign the thing in the first place and nothing will change that.

I only hope OS4 is given to some incantation of Ainc. . I hope that then AInc is prosecuted in criminal court for their scamming and failure to make good on the court awarded judgements. OS4 is then given to Bolten Peck ect.. with stipulation that any proceeds of it's sale is spread amoung the developers.

Sorry for putting you all thriugh the rant. Sorry for the spelling and grammer. I am just fed up and angry at the bunch of them. Looks like the end to me. Looks like BBRV wins in the end and MOS is in my future.

@smithy

Quote:

This is turning very nasty....

If it is going to drag on for years it is turning irrelevant to anything we are doing.

Noel

@NoelFuller

Quote:

NoelFuller wrote: @smithy Quote: This is turning very nasty.... If it is going to drag on for years it is turning irrelevant to anything we are doing.

Nahh... I can't see it dragging on for years. The case in Washington has been going for 3 months and it's pretty much over already. And given that Itec probably can't produce any new evidence (it'll be the same stuff we've already seen in the Washington case) it makes sense to think it'd be a similar timescale.

Itec have probably just inserted that line to intimidate the smaller party, Hyperion.

Last edited by smithy on 11-Jul-2007 at 01:26 PM.

@umisef

Good Lord

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@stew

Quote:

original sources

You have misunderstood everything. OS4 is based on 3.x sources, even part of 3.9. But Amiga provided ONLY 3.1 sources and Hyperion got themselves 3.5, 3.9 coders work on OS4, and something has been rewritten from start because they didn't get source. IT IS AMIGA FAULT but OS4 is based on original Amiga 3.x code. Hyperion is only a victim, get the fact before state this because other users can read your lines as truth.

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ikir

@umisef

Unlike others, I don't think that this says anything about whether Amiga Inc will win/lose the Washington case. This is a good strategy for Amiga Inc. and Itec. Hyperion now have to deal with two lawsuits in two separate jurisdictions. That costs more than one with both Amiga and Itec involved. Hyperion now need to find lawyers licensed in New York. I assume that Penti Kouri's companies collectively have more money than Hyperion.

Hans

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@Hans

Hyperion brought this upon themselves.

They claim the transfer from Itec to Amiga D was invalid.

... If Itec's assignment to Amiga D was invalid, Amiga D could theoretically sue Itec, thus of course Itec have to defend the contract, and this is indeed unrelated to the case of Amiga D against Hyp.

They claim the transfer from Amiga WA to Itec was invalid.

... This also concerns Itec, not Amiga D. Of course if it was an unvoidable security transfer, and it would be hard to proove anything else, this argument went down the drain.

@Hans

Quote:

Unlike others, I don't think that this says anything about whether Amiga Inc will win/lose the Washington case. This is a good strategy for Amiga Inc. and Itec.

I agree that this doesn't automatically mean the Washington case is over/lost. Amiga Inc. /Itec probably just sees better odds of winning if they are able to hit Hyperion on the head with two hammers at once instead of one. If Hyperion can withstand the finacial and legal burdens of both, things will be interesting.

Plaz

@thread

Doesn't Itec sueing Hyperion for the same things AInc(W) are, just support Hyperions motion to add Itec as a party to the AInc(W) case?

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@umisef

Quote:

As for anyone hoping for the legal mess to be solved quickly, a choice quote from the NY suit: "the Amiga Litigation will likely take years and be an enormously expensive litigation to resolve".

I wanted to thank you for this quick post of material. I would have waited for Justa to dl it, so I used some of your bandwidth, and wanted to thank you.

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@Plaz
Quote:

If Hyperion can withstand the finacial and legal burdens of both, things will be interesting.

And who is to say that these aren't just the first two lawsuits against Hyperion.

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@jorkany

Quote:

And who is to say that these aren't just the first two lawsuits against Hyperion.

Good point, how many hammers does Amiga Inc/Itec have in their tool bag? If Hyperion doesn't buckle under two, will there be 3, 4 .......?

Plaz

Last edited by Plaz on 11-Jul-2007 at 07:33 PM.

Quote:

smithy wrote: Nahh... I can't see it dragging on for years. The case in Washington has been going for 3 months and it's pretty much over already. And given that Itec probably can't produce any new evidence (it'll be the same stuff we've already seen in the Washington case) it makes sense to think it'd be a similar timescale.

??? The case hasnt even started, I mean we havent had discovery yet, or anything. How can you think the case is pretty much over, unless you've heard Hyperion is going to try and save some money and give up on there losing effort?
-Tig

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Quote:

Swoop wrote: @thread Doesn't Itec sueing Hyperion for the same things AInc(W) are, just support Hyperions motion to add Itec as a party to the AInc(W) case?

Not at all, and I doubt that Itec gets joined in the case. Hyperion has to convince the judge they were done in December of 2004 (but didnt inform AI, or basically anyone else and didnt pay them) or they lose this case, they have no other way to win now.
-Tig

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@ikir

OK I am more calm now. You are right that parts of OS4 are based on some 3.x sources, but Rogue stated himself that they were useless to him for development of the kernal. Hyperion are not victims but fellow perptraters of scam against the developers. They said they finished OS4 and have not paid! In fact they now say it has been released for a long while. They can say "something has been rewritten from start because they didn't get source" as they got Olaf's pretty quick after starting the project. Of course you knew most of this already. This is not some more of that "everything is fine between AInc and Hyperion, it is just a small misunderstanding, and you are blowing it all out of propotion" type of inside info is it?

@umisef

I'm going to cross post this here to see what people think. I was looking over the original contract and then the 2003 Itec contract.



So reading that it does seem strange they just sort of wrote Eyetech out of the whole thing. Can they even do that?


Here is what I read...

First they define who the Amiga One partners are they even put Amiga One partners in quotes and everything just like I have it written except I put it in bold:

-------------------------------------
In the AmigaOne 2001 contract:

Article I

"Amiga One Partners" means Eytech and Hyperion collectively;
--------------------------------------

then still in the original contract

--------------------------------------
2.01 Appointment. Amiga hereby grants the Amiga One Partners a right and license to use and modify the Software and an exclusive right and license to market and distribute OS 4 as a standalone version ...etc.. Amiga furthermore grants the Amiga One Partners a right and license to use the Amiga trademarks in conjunction with the Amiga One. etc...
---------------------------------------



here is what is strange in the 2003 agreement....

--------------------------------
Hyperion shall transfer the ownership of the Object Code, Source Code and intellectual property of OS 4.0 to Itec in accordance with the provisions of the November 1, 2001 agreement between Amiga, Hyperion and Eyetech and to the extent it can do so under the existing agreements with third party developers whose work shall be integrated in OS 4.0.
--------------------------------


Hyperion??? When did they take "ownership"?? I think they are missing a signature on the contact? If Amiga Inc, didn't own the code any more then it now belongs to the "Amiga One Partners" and I doubt that Hyperion could just sell it with out Eytech's signature. They could try and they could certainly sign a contract, but that doesn't make it valid.

I think the 2003 contract is totally invalid just because of that one point.

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@Geennaam

1) Hyperion needs to get in contact whit Eyetech and from an alliance, to protect the right to use AmigaOS, they need Eyetech to agree to use the AmigaOS brand whit standalone version of AmigaOS4, because Hyperion do not have an explicit right to the AmigaOS name.

2) Hyperion most prove that Amiga Inc / Itec own Hyperion money for past work, and that the transferee is invalid.

3) Hyperion most prove that Amiga Inc (w) where insolvent at the time.

Last edited by NutsAboutAmiga on 11-Jul-2007 at 07:46 PM.
Last edited by NutsAboutAmiga on 11-Jul-2007 at 07:44 PM.
Last edited by NutsAboutAmiga on 11-Jul-2007 at 07:32 PM.

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@Thread

You have to love page 31 of docket52a:

Seller: Itec LLC
Pentti Kouri
Managing Partner

Purchaser: KMOS Inc.
Pentti Kouri
President

Acknowledged and agreed to by Monrepos LLC:
Pentti Kouri
Managing Partner

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