@thread

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¤¤ Official Hyperion Zealot ¤¤

(No, I didn't type that with a straight face.)

@Yo

Pop Quiz

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"I love peacenicks, they're so easy to conquer." --Ivan J Ironfist, the Dictator

@NomadOfNorad

Quote:

Pop Quiz

If it only was that simple...

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Site admins are people too..pooff!

@fairlanefastback

yeah Slam Dunk......

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Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card

@Yo

Only if it's multiple choice and I get to look at my notes.

Plaz

@fairlanefastback

It is entirely possible that this is their strategy: negotiate "in good faith" to get a resolution, but insist on completely unrealistic terms like they did with the OS4 hardware licenses.

@CodeSmith

Quote:

CodeSmith wrote: @fairlanefastback It is entirely possible that this is their strategy: negotiate "in good faith" to get a resolution, but insist on completely unrealistic terms like they did with the OS4 hardware licenses.

True. Though I think they are playing with fire if they do that considering the objection that Hyperion has filed with the USPTO. Even if Hyperion has no case in the end to challenge the trademark for themselves in that forum would Amiga Delaware want to risk that any significant digging *might* lead to the trademark reverting to Amiga WA where all the creditors are lined up?

Last edited by fairlanefastback on 09-Aug-2008 at 03:07 AM.

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

@Lou

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It's funny how things work out. 5 years from now, it will still look like the day after in the books.

What books?

The court records will show one submission on the 29th, and a decision on the 30th. So the court records, years from now just as today, will show that the submission was made before the decision.

I don't know where you ever got the idea of "the day after"...

(Oh, and of course, it's not really that "Hyperion won", but rather, that the NY court said they did not have jurisdiction, and thus could not and would not decide on any facts of the case).

@CodeSmith

Quote:

negotiate "in good faith" to get a resolution, but insist on completely unrealistic terms like they did with the OS4 hardware licenses.

OK, the whole point of such a strategy would be to delay things --- because once the settlement conference fails (as it must, if either side employs such a strategy), none of that "good faith" can be any part of the case.

The ones who have been busy delaying things have not been Amiga. Every delaying strategy so far has come from Hyperion. Even this request for a settlement conference has a "but not before October, please" coming straight from Hyperion.

So, *if* you think that this settlement conference may be doomed due to one party being disingenuous, *why* do you think that party is Amiga?

@umisef

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umisef wrote: @Lou (Oh, and of course, it's not really that "Hyperion won", but rather, that the NY court said they did not have jurisdiction, and thus could not and would not decide on any facts of the case).

Which is exactly the best scenario that Hyperion could have hoped for, for it to be squashed there without going any further. Certainly reads like a victory that they can savor to me. And Itec definately was hoping that NY would read the case as valid to proceed and a simple contract to enforce in a quick trial which was not at all achieved. Dosen't really matter what technical description it comes down to. On this one Hyperion is smiling and Itec and Amiga are not.

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

@umisef

Quote:

umisef wrote: So, *if* you think that this settlement conference may be doomed due to one party being disingenuous, *why* do you think that party is Amiga?

It's merely a conjecture, based on past actions; besides, it wasn't Hyperion that introduced the longest delay so far, the NY case. It makes sense for Amiga Inc to do this because they have VC funding and Hyperion doesn't. Hyperion's bank account must be looking pretty empty by now, and Amiga Inc may be counting on losing the court battle but winning the war when the "victor" goes bankrupt from attrition. At this point in time Amiga Inc will offer to help them out, in return of course for the trademarks, which are pretty useless if you don't have a cent to your name.