Click Here
home features news forums classifieds faqs links search
6071 members 
Amiga Q&A /  Free for All /  Emulation /  Gaming / (Latest Posts)
Login

Nickname

Password

Lost Password?

Don't have an account yet?
Register now!

Support Amigaworld.net
Your support is needed and is appreciated as Amigaworld.net is primarily dependent upon the support of its users.
Donate

Menu
Main sections
» Home
» Features
» News
» Forums
» Classifieds
» Links
» Downloads
Extras
» OS4 Zone
» IRC Network
» AmigaWorld Radio
» Newsfeed
» Top Members
» Amiga Dealers
Information
» About Us
» FAQs
» Advertise
» Polls
» Terms of Service
» Search

IRC Channel
Server: irc.amigaworld.net
Ports: 1024,5555, 6665-6669
SSL port: 6697
Channel: #Amigaworld
Channel Policy and Guidelines

Who's Online
16 crawler(s) on-line.
 130 guest(s) on-line.
 0 member(s) on-line.



You are an anonymous user.
Register Now!
 amigakit:  31 mins ago
 OneTimer1:  36 mins ago
 NutsAboutAmiga:  40 mins ago
 kolla:  52 mins ago
 Gunnar:  55 mins ago
 Comi:  1 hr 22 mins ago
 vox:  2 hrs 7 mins ago
 zipper:  2 hrs 11 mins ago
 BigD:  3 hrs 14 mins ago
 OlafS25:  3 hrs 16 mins ago

/  Forum Index
   /  Amiga General Chat
      /  Itec steps forward in the Big Apple, part 2 DISMISSED
Register To Post

Goto page ( Previous Page 1 | 2 | 3 | 4 | 5 | 6 | 7 Next Page )
PosterThread
Plaz 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 0:13:22
#101 ]
Super Member
Joined: 2-Oct-2003
Posts: 1573
From: Atlanta

@number6

And where has Tigger gone these days any way? I kinda miss his point-counter point input on these legals.

Plaz

 Status: Offline
Profile     Report this post  
fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 0:42:35
#102 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@Plaz

Quote:

Plaz wrote:
@number6

And where has Tigger gone these days any way? I kinda miss his point-counter point input on these legals.

Plaz


Dunno but they removed him from the AROS to Efika port recently for missing the deadline on that and they were not able to get in contact with him for an update on what happened to his work on it. So to my understanding he has been pretty silent all around for a while now on the Amiga scene.

Last edited by fairlanefastback on 06-Aug-2008 at 12:54 AM.

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

 Status: Offline
Profile     Report this post  
fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 0:52:45
#103 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@number6

Quote:

number6 wrote:


Itec has planned to participate based on Eyetech being given the opportunity to attend.

Would they do this if the New York case was still pending?

Excuse me if this is an ignorant question. I'm not a lawyer, thankfully...

#6


IANAL either but since in 116 Itec, LLC v. Hyperion VOF Supreme Court of the State of New York, County of New York Index No. 602246/07 is being agreed by both parties to be one of the cases designated by both as "Related Litigation" and given the close ties between Itec and Amiga I would think they plan to keep the NY case open as further leverage while they try to negotiate in this forum in the WA case. If they can come to an agreement in WA I am sure it would include Itec having to drop its NY case and Hyperion having to drop its USPTO case.

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

 Status: Offline
Profile     Report this post  
CodeSmith 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 3:10:59
#104 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3045
From: USA

@fairlanefastback

Remember that Tigger was working on some electronic doohickey on military aircraft. It is entirely possible he's currently doing field testing somewhere in the Middle East with no internet access.

 Status: Offline
Profile     Report this post  
Dandy 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 5:32:53
#105 ]
Elite Member
Joined: 24-Mar-2003
Posts: 3049
From: Cologne * Germany

@Plaz

Quote:

Plaz wrote:
@number6

And where has Tigger gone these days any way? I kinda miss his point-counter point input on these legals.

Plaz



Yeah - I equally miss him - I'd really like to see his reaction to Eyetech attending now, as he always vehemently denied that this could or would ever happen.

Its likely he'd tell us all the parties at court are confused...

_________________
Ciao

Dandy
__________________________________________
If someone enjoys marching to military music, then I already despise him.
He got his brain accidently - the bone marrow in his back would have been sufficient for him!
(Albert Einstein)

 Status: Offline
Profile     Report this post  
Dandy 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 5:36:41
#106 ]
Elite Member
Joined: 24-Mar-2003
Posts: 3049
From: Cologne * Germany

@CodeSmith

Quote:

CodeSmith wrote:
@fairlanefastback

Remember that Tigger was working on some electronic doohickey on military aircraft. It is entirely possible he's currently doing field testing somewhere in the Middle East with no internet access.



So perhaps he failed to stay away from suicide bombers and is hurt and in hospital now or even worse?

_________________
Ciao

Dandy
__________________________________________
If someone enjoys marching to military music, then I already despise him.
He got his brain accidently - the bone marrow in his back would have been sufficient for him!
(Albert Einstein)

 Status: Offline
Profile     Report this post  
abalaban 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 14:06:40
#107 ]
Super Member
Joined: 1-Oct-2004
Posts: 1114
From: France

@Dandy

Or maybe it has something to do with its failure to port (after three dead-line extending delays) a portable OS after all the crap he put on Hyperion and Hans & Thomas Frieden about their coding skills and taking too long to remove chipset dependencies in an OS that was not designed to be portable... Just maybe.

PS: I really wish this is the real reason, that you are wrong and he's fine.

_________________
AOS 4.1 : I dream it, Hyperion did it !
Now dreaming AOS 4.2...
Thank you to all devs involved for this great job !

 Status: Offline
Profile     Report this post  
Lou 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 14:22:42
#108 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4169
From: Rhode Island

@abalaban

Quote:

abalaban wrote:
@Dandy

Or maybe it has something to do with its failure to port (after three dead-line extending delays) a portable OS after all the crap he put on Hyperion and Hans & Thomas Frieden about their coding skills and taking too long to remove chipset dependencies in an OS that was not designed to be portable... Just maybe.

PS: I really wish this is the real reason, that you are wrong and he's fine.

That would be the ultimate irony.
His absence has been strange and I think I recal asking him about the port ~November and him saying it was almost done (but my memory could be bad about the time)...
So if he is on some top secret mission...that's one explanation...
Another is a gag order...perhaps he had more ties to the case than he led us to believe...which I mentioned in one of those ever-so-long threads that I kept being censored everytime I made sense and rebuted what was being said...

 Status: Offline
Profile     Report this post  
Plaz 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 14:36:47
#109 ]
Super Member
Joined: 2-Oct-2003
Posts: 1573
From: Atlanta

@Dandy

Quote:
So perhaps he failed to stay away from suicide bombers and is hurt and in hospital now or even worse?


Perish the thought. Hopefully his job just has him working out of the country where he can't easily communicate. What ever it is, it must be serious enough he had to bail on pormised work for AROS, that sounds out of character for him.

Plaz

 Status: Offline
Profile     Report this post  
Plaz 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 14:38:46
#110 ]
Super Member
Joined: 2-Oct-2003
Posts: 1573
From: Atlanta

@Lou

Quote:
Another is a gag order...perhaps he had more ties to the case than he led us to believe


A possibility, but I would think he would at least be allow to tell us that he can't tell us any more.

Plaz

 Status: Offline
Profile     Report this post  
xeron 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 15:08:38
#111 ]
Elite Member
Joined: 22-Jun-2003
Posts: 2440
From: Weston-Super-Mare, Somerset, England, UK, Europe, Earth, The Milky Way, The Universe

@number6

Thats very observant of you

_________________
Playstation Network ID: xeron6

 Status: Offline
Profile     Report this post  
fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 15:09:20
#112 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@all

Does anyone know Tigger personally enough to be able to at least report back that he is ok? I can't say I miss his posts but he is a human being and I sincerely hope his absence on the Amiga scene is not the sign of any significant problem in his life.

Short of that I'd like to suggest that we move away from any Tigger conversation in this thread as its off topic.

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

 Status: Offline
Profile     Report this post  
number6 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 20:26:47
#113 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@fairlanefastback

Quote:
IANAL either but since in 116 Itec, LLC v. Hyperion VOF Supreme Court of the State of New York, County of New York Index No. 602246/07 is being agreed by both parties to be one of the cases designated by both as "Related Litigation" and given the close ties between Itec and Amiga I would think they plan to keep the NY case open as further leverage while they try to negotiate in this forum in the WA case. If they can come to an agreement in WA I am sure it would include Itec having to drop its NY case and H


Hmm...
Well...1st I checked Judge ping pong

I clicked on the link from @Spectre660.
After filling out the necessary information it took me to a page which describes this case as "disposed".
*shrug*

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
elektro_O 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 21:07:37
#114 ]
Regular Member
Joined: 7-Mar-2003
Posts: 145
From: #amiga.org @ irc.synirc.net

Hyperion won, case was dismissed (Itec v Hyperion at New York):

"The contractual language in tj 7.08 of the November 3, 2001 agreement provides
unambiguously that any dispute between the parties is to be decided in the courts of Washington.
‘The parties waived any privilege to have their claims heard elsewhere (see Boss v American
Express Pin. Advisors, Inc., 6 NY3d 242, 246 [2006]). Thus, the branch or the motion that seeks
to dismiss the coin plaint based on the forum selection clause must be granted, and the Court need
not address the alternative request for a stay pending the resolution of the Washington action.
Accordingly, it is ORDERED that the motion to dismiss is granted and the Complaint is dismissed with
cost and disbursements to defendant as taxed by the Clerk of the Court; and it is further ORDERED that the clerk is directed to enter judgment accordingly

Dated: July 30, 2008"

pdf here, "Decision - short form order"

Last edited by elektro_O on 06-Aug-2008 at 09:08 PM.
Last edited by elektro_O on 06-Aug-2008 at 09:08 PM.

_________________
#amiga.org @ irc.synirc.net

 Status: Offline
Profile     Report this post  
Plaz 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 23:08:46
#115 ]
Super Member
Joined: 2-Oct-2003
Posts: 1573
From: Atlanta

@elektro_O

I just read the PDF also. I guess that pretty much puts a lid on that case, shifting all attention to Washington.

Plaz

 Status: Offline
Profile     Report this post  
fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 7-Aug-2008 4:11:12
#116 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@elektro_O

Awesome news. Glad Tigger was wrong on what the outcome of the NY case would be. This removes some leverage from the Amiga side in whats going on in WA.

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

 Status: Offline
Profile     Report this post  
Lou 
Re: Itec steps forward in the Big Apple, part 2
Posted on 8-Aug-2008 17:03:45
#117 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4169
From: Rhode Island

He seems to be on a bit of a losing streak with regards to these OS4 cases...
Interestingly a day after this case is closed, AmigaDontCare is ready to enter negotiations in Washington... Who would have 'thunk' it?

 Status: Offline
Profile     Report this post  
umisef 
Re: Itec steps forward in the Big Apple, part 2
Posted on 8-Aug-2008 17:30:12
#118 ]
Super Member
Joined: 19-Jun-2005
Posts: 1714
From: Melbourne, Australia

@Lou

Quote:
Interestingly a day after this case is closed, AmigaDontCare is ready to enter negotiations in Washington... Who would have 'thunk' it?


Anyone with a broken calendar.

In most people's universe causality still holds, and a judge's decision on the 30th of July cannot be considered to have caused any details in a submission on the 29th of July (which, in fact, references a teleconference, which necessarily happened before that submission, and most likely also prior to the July 23rd submission).

 Status: Offline
Profile     Report this post  
Lou 
Re: Itec steps forward in the Big Apple, part 2
Posted on 8-Aug-2008 17:39:34
#119 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4169
From: Rhode Island

@umisef

It's funny how things work out. 5 years from now, it will still look like the day after in the books. It's not like AmigaDC (Don't Care) shouldn't have had a contigency plan to, perhaps, negotiate incase "their best chance" at stealing the OS failed.

I mean it was soooooooooooooooo black & white, aka: open and shut, for them from the beginning....

As a lawyer did say: "The contract speaks for iteself."

 Status: Offline
Profile     Report this post  
fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 8-Aug-2008 17:51:00
#120 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@umisef & Lou

The important thing here is that justice in NY prevailed. They didn't allow Itec to make an end run around the proper jurisdiction of the already existing and proceeding case in Washington state. Maybe Itec/Amiga had a hint of which way the decision was going to go, maybe not. Either way its good that the NY case got shutdown and that they are theoretically trying to negotiate in the WA venue now. Lets just hope Itec/Amiga doesn't insist on some crazy percentage in negotiations for some outlandish plan to want to fund another arena after Kent fell through.

Last edited by fairlanefastback on 08-Aug-2008 at 05:53 PM.
Last edited by fairlanefastback on 08-Aug-2008 at 05:52 PM.

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

 Status: Offline
Profile     Report this post  
Goto page ( Previous Page 1 | 2 | 3 | 4 | 5 | 6 | 7 Next Page )

[ home ][ about us ][ privacy ] [ forums ][ classifieds ] [ links ][ news archive ] [ link to us ][ user account ]
Copyright (C) 2000 - 2019 Amigaworld.net.
Amigaworld.net was originally founded by David Doyle