Seems that there have been some developments in the Itec v Hyperion case in New York. First, the (commercial court) judge assigned threw the case right back at the administration, presumably due to the disputed value being too small. Then Hyperion comes back and requests the case to be reassigned to the commercial court, claiming that the value of the software and trademarks is more than a million bucks. Itec opposes this and states that the case has nothing to do with trademarks, and is a dispute over a $25k contract. Nobody wants the case, and it is ruled that the commercial court is after all a proper venue.

Documents are here, but alas, nowhere near as complete as the Washington ones.

Personally, I find Hyperion's strategy odd. The first judge made it clear that he did not think the case was about $1m+ software, but about a $25k contract. Hyperion now for some reason fights to have *that* judge decide whether the contract is enforcable or not --- the judge whose earlier behaviour has indicated siding with Itec's view.
Additionally, the available documents refer to a letter received from Hyperion's counsel, yet the issue of this action being in possible conflict with the Washington case is never even mentioned. Why go to such lengths to have Itec ordered joined in Washington and then not even tell NY about it?

Unless, of course, Hyperion is still hoping for Amiga/Itec to just implode and go away....

@umisef

Thanks for the info. Will be interesting to see how this case pans out.

@TheodoreTwinky

Itec wins, its a pretty open and shut case.
-Tig

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@Tigger

Quote:

Itec wins, its a pretty open and shut case.

Either you do have some info that Hyperion envies you about, or Hyperion is a bunch of fulltime, fullfledged morons, Which I doubt. So I fathom your remark as "wishfull thinking" (the wisfullness of it eludes me, howerver, but then again my nick is OldFart and not OldSmart).

OldFart (as said)

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@OldFart

Quote:

OldFart wrote: @Tigger Quote: Itec wins, its a pretty open and shut case. Either you do have some info that Hyperion envies you about, or Hyperion is a bunch of fulltime, fullfledged morons, Which I doubt.

Hyperion doesnt have any fulltime employees no matter what you want to call them. As for the other, can you explain how exactly Hyperion is going to win the case in New York? Its a real simple case, surely you can explain how they are going to win it?
-Tig

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@Tigger

Quote:

Hyperion doesnt have any fulltime employees no matter what you want to call them. As for the other, can you explain how exactly Hyperion is going to win the case in New York? Its a real simple case, surely you can explain how they are going to win it? -Tig

That struck me as funny. Lets replace Hyperion with Amiga Inc.


Amiga Inc. doesnt have any fulltime employees no matter what you want to call them. As for the other, can you explain how exactly Amiga Inc. is going to win the case in New York? Its a real simple case, surely you can explain how they are going to win it?
-AmigaHeretic

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@AmigaHeretic

Quote:

AmigaHeretic wrote: That struck me as funny. Lets replace Hyperion with Amiga Inc. [quote] Amiga Inc. doesnt have any fulltime employees no matter what you want to call them.

Actually Amiga Inc does have full time employees, so what you said would be incorrect.

Quote:

As for the other, can you explain how exactly Amiga Inc. is going to win the case in New York? Its a real simple case, surely you can explain how they are going to win it?

Sure, the contract is very simple, its between Itec and Hyperion, it requires delivery of the OS upon payment of 25K, Itec has paid the money (or at worst case attempted to pay the money). Hyperion has not provided a single line of code. What exactly is Hyperions case here?
-Tig

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We played the first thing that came to our heads, it just happened to be the best song in the world.

@Tigger

Quote:

Actually Amiga Inc does have full time employees, so what you said would be incorrect.

That is a false statement. They do not have a single full time employee and you cannot prove otherwise. They only thing that is even close to working full time may be lawyers and they aren't "Amiga Inc." employees. Bill M. himself even has other employment.

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@AmigaHeretic

Quote:

Bill M. himself even has other employment.

Where?

Source?

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@umisef

Note that BOTH Amiga INC (D) and ITEC LLC claim to have paid Hyperion close to 25,000.00 for OS4 before the Washington lawsuit was filed.

Some Judge(s) may get confused when the same wire receipts are presented in both cases.......

Last edited by Spectre660 on 22-Oct-2007 at 12:04 AM.

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@Spectre660

Quote:

Spectre660 wrote: @umisef Note that BOTH Amiga INC (D) and ITEC LLC claim to have paid Hyperion close to 25,000.00 for OS4 before the Washington lawsuit was filed.

Thats not true at all. AI(D) claims that Itec bought the OS from Hyperion and that Itec sold it to KMOS (now known as AI(D)).
-Tig

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We played the first thing that came to our heads, it just happened to be the best song in the world.

@Tigger

Quote:

Thats not true at all. AI(D) claims that Itec bought the OS from Hyperion and that Itec sold it to KMOS (now known as AI(D)). -Tig

Your not true is not true.

http://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2007cv00631/143245/1/0.html

Washington PDF no 1. page 7. Lines 17-22.

http://iapps.courts.state.ny.us/iscroll/SQLData.jsp?IndexNo=602246-2007#

New York PDF titled "Summons and complaint". Page 3. Paragraph headed 7.

Last edited by Spectre660 on 22-Oct-2007 at 12:47 AM.

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@Spectre660

Quote:

Note that BOTH Amiga INC (D) and ITEC LLC claim to have paid Hyperion close to 25,000.00 for OS4 before the Washington lawsuit was filed.

Uhm, no.

AI(D) claims that Itec bought the rights to the 2001 contract, reconfirmed those rights by signing the 2003 contract with Hyperion, paid the $25k, and then transferred the contracts and their resulting rights to AI(D) (formerly known as KMOS) by essentially "splitting off" that part of their business.

Hyperion alleges that the "splitting off" of the subsidiary was an invalid transfer, and thus did not happen. They also allege that Itec buying the rights of the 2001 contract was illegal and did not happen.

Itec then came forward and said "oh well, in *that* case, the 2003 contract stands on its own". Rather than a reaffirmation, it is a very short, very clear contract saying "we pay, you deliver". It was entered freely by both Itec and Hyperion. Itec paid. Even in the event that Itec failed to pay sufficient funds (as Hyperion alleges, never mind that a 1% error made by *both* sides is not going to break a deal like that, ever), Itec made it absolutely clear, sending *another* checque for $25k. Hyperion never delivered their end of the bargain.

Quote:

Some Judge(s) may get confused when the same wire receipts are presented in both cases.......

Why? Both cases are cncerned with the same payments; The difference between them is merely (a) what contract the payments were in accordance with, and (b) who ended up with the resulting rights to OS4.

It's a case of AI(D) saying "OK, here is how we see things, and we should own OS4". Hyperion responds "Nope, you are wrong. Here is how we see things, and you don't own OS4". Then Itec says "OK, Hyperion, the way you see things, *we* own OS4. Please deliver". Hyperion is now left with the option of either (a) delivering, or (b) changing their story.

The German words "Zwickmuehle" comes to mind :)

Last edited by umisef on 22-Oct-2007 at 01:37 AM.

@umisef

Quote:

AI(D) claims that Itec bought the rights to the 2001 contract, reconfirmed those rights by signing the 2003 contract with Hyperion, paid the $25k, and then transferred the contracts and their resulting rights to AI(D) (formerly known as KMOS) by essentially "splitting off" that part of their business.

Not spelt out in the original suit as it was filed.
(see the Judge's Motion denying the Injunction)
PDF NO 38. page 6. lines 18-13

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@OldFart

Going on past record and Herman's in particular, I would agree with "bunch of fulltime, fullfledged morons", but then again I am older than an OldFart (no really ask my grandchildren).

@umisef

I am having a look at the 2001 Agreement clause 2.06.

What would be the effect if the USD25,000.00 is deemed to have
been paid in full in 2003 ?.
Should it have caused Hyperion to cease developing OS 4 as of 2003 ?.
Would this 2003 source code be what Hyperion would then
be required to turn over to Amiga Inc(D) or Itec LLC ?.

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@Spectre660

Quote:

Spectre660 wrote: @umisef I am having a look at the 2001 Agreement clause 2.06. What would be the effect if the USD25,000.00 is deemed to have been paid in full in 2003 ?. Should it have caused Hyperion to cease developing OS 4 as of 2003 ?. Would this 2003 source code be what Hyperion would then be required to turn over to Amiga Inc(D) or Itec LLC ?.

Hyperion is required to turn over all code they have the rights to (including paying cash to acquire everything they have rights to but have not yet paid for) for the Completed to Annex I level OS 4.0, the fact that we dont have that today, is a bit of a problem. (OS 4.0 for classic PPCs will not be available for another month for instance). I'm sure AI would probably be willing to take what is currently available as an alternative.
-Tig

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@Thread

It just blows me away that most of the same folks can keep arguing the same crap over & over, from thread to thread, using the same arguments, and although several act as though they KNOW the law intimately, I seriously doubt any are actually lawyers! Am I wrong, and there's actually 5 or 6 lawyers participating in all these AI/Hyperion threads!?

Mod's edit: Please do not try to circumvent the swear filters, Thank you.

Yo, Yo, how's that then - virtually the same word, and not circumventing the swear filters?

Last edited by Canfod on 22-Oct-2007 at 09:11 PM.
Last edited by Yo on 22-Oct-2007 at 01:34 PM.

Hi,

@Canfod

It is pretty Simple ....
The Members that are Pro Hyperion and like OS4 say it will win ...
The "Members" that against Hyperion and the OS4 Future say
it will loose [members of the 68kEmu-Future fraction and the
Blue colored lovers] - in the logical sense that this is the
end of OS4 [we will get OS5 if you belife AInc very short ..]

From law i think no of the above groups have enough quilification ..

"I" Hope Hyperion wins and know that this things often are not easy
to predict and Law is an very dificult thing ..

So the only logical sense is to wait and see ...

R-TEAM

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@stew

Quote:

ask my grandchildren

Could have had some myself if I had not waited to get maried until reaching the more mature age of 37... Family had already given up any hopes.

OldFart

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