@Tigger

Quote:

unless they provide transfer of assets without equitable compensation. Since the Amino-KMOS deal involves a swap of over $4M in cash and stock, its hard to argue that occurred.

We have yet to see proof of this. Which is central to what Hyperion alleges.

Quote:

As we now know, Itec just bought OS 4.0 from Hyperion for 25K, and then sold it to KMOS, they never were the owner of the 2001 contract and so there can be no improper conveyance with regard to them because there was no conveyance, they lent money to AI and eventually KMOS bought the note.

I love how you read the documents from Amiga Inc. and then regurgitate them as complete fact to the greater forum audience here. Claim does not = fact. Here is the Tigger formula.

Amiga claim = fact
Hyperion claim = lie or misinformed

Most of us are going to care more about proven facts. When you have been previously confronted on this your explanation was that Amiga, Itec, Pentti, Bill, etc would never be stupid enough to lie to a court and that Ben and Evert from Hyperion are completely stupid enough to do so.

As with most disputes the truth is probably somewhere in-between. Your campaign to mis-inform, what the point is I don't know. With how long and how much you have worked to try to present Amiga claims as simple known facts I know this won't change what you seem to not be able to help yourself from doing at this point. Oh well.

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@AmigaHeretic

Quote:

AmigaHeretic wrote: @Manu Quote: Manu wrote: OK here's more food for you all. Itec has responded it seems. Justia I think Amiga Inc just did Hyperion a favor with this one. Amiga's Laywers:> "Umm... those Itec guys have nothing to do with us Amiga Inc. guys. Sure, sure... Penti Kuri and Bill McEwen are listed as the the owner, CEO, and signers for every company ---Amino ->AmigaInc. (W)-->KMOS-->ITEC-->AmigaInc.(D)--->Amino(new)-- but Penti and Bill are just 2 common names dude.. You see the names "Bill" and "Penti" are so vague that is proof we're not the same compay or related in anyway. " (Said in the voice of someone high on weed) I guess in the famous words of Bill McEwen himself, well, all see the outcome just in..... 30 More Days!!

Yeah getting different lawyers at least for Itec might be smart.

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@Sneaky

Quote:

Well as "entity" you are right, but they are the IDENTICAL persons and lawyers, which makes their "we should not be forced to travel 3000 Miles for this (sic!)"-statement pretty laughable IMHO.

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@Lou

Quote:

Here's my take. Itec approached Hyperion about the 2003 Hyperion-Itec contract under false pretenses of being the AI(W) successor. The contract should be thrown out. Itec should be fined. Hyperion should be awarded damages because it carried on from there like Itec was the successor.

My gut feeling agrees.

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@number6

Quote:

number6 wrote: @Tigger Quote: KMOS is basically confused on how Itec acquired the the OS, they thought Itec was the successor and they acquired the rights when they bought them from Itec, Itec says no, we bought the OS, you got the contract when you bought everything Amiga from Amino, not when you bought all of our Amiga assets from us. It seems to have confused Garry Hare as well: Quote: KMOS purchased the OS asset from Itec. #6

Awesome find.

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@fairlanefastback

Quote:

Well as "entity" you are right, but they are the IDENTICAL persons and lawyers, which makes their "we should not be forced to travel 3000 Miles for this (sic!)"-statement pretty laughable IMHO.

Yeah, can you picture Bill, Penti, and lawyers actually STANDING in the Washington courtroom?

Judge: So why don't you want to join the New York lawsuit?

Well, the owners would have to travel 3000 miles and err..

Judge: But aren't you you the SAME owners & aren't you're standing right in front of me? And Bill don't you LIVE in Washington?

Well, yes, but the OS5 has proprietary transporter technology that we are going to make an announcment about in 30days and we don't want that to get out yet.



I can just see the judge now....

Judge:

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Okay, so what is the significance of items 71 through 74 at
Justia's Amiga page? Particularly item 74.

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@NomadOfNorad

Quote:

NomadOfNorad wrote: Okay, so what is the significance of items 71 through 74 at Justia's Amiga page? Particularly item 74.

I like item 73 section 14, they admit they only paid $24,750.00 of the $25,000.00 contracted amount, which is, as they even state,"$250 less than the agreed upon amount" but hey it was close enough.
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Oh, they are still claiming the "we are a New York company" thing. Geez guys please don't attach documents from 5 different companies all with the SAME guys signatures on it, then claim to be in a hardship because your "different" people in different places. You're just going to #### of the judge with your games. Actually, go ahead and do it. I want Hyperion to win as soon as possible.

Last edited by AmigaHeretic on 10-Nov-2007 at 09:12 PM.

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@AmigaHeretic

They could come up with a system of different colored hats. So when each guy is talking for a particular entity at a particular time in the courtroom they have to change their hat as they change who they are speaking for at that exact moment. Then the same guy could even get in an argument with himself so long as he keeps changing his hat back and forth. And they could claim they just all have multiple personality disorder.

Last edited by fairlanefastback on 10-Nov-2007 at 11:49 PM.

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@fairlanefastback

Quote:

fairlanefastback wrote: @AmigaHeretic They could come up with a system of different colored hats. So when each guy is talking for a particular entity at a particular time in the courtroom they have to change their hat as they change who they are speaking for at that exact moment. Then the same guy could even get in an argument with himself so long as he keeps changing his hat back and forth. And they could claim they just all have multiple personality disorder.

Oh oh!!

Maybe instead of hats they could put on FAKE moustaches!! I think that would add a lot of needed humor.

Maybe something like these:



Or maybe if Bill spent his last $$10,000,000.00 on a hockey stadium or it's going to say, take 30 More Days! for his moustache to get here in the mail he could just use his finger as a moustache like this guy....

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@NomadOfNorad

more spin.

If one looks at the New York Itec vs Hyperion complaint document (page 4)

"10. In October,2003, Itec transfered its rights to the OS4.0 to a Delaware corporation named KMOS, Inc. A true copy of the transfer agreement between Itec and KMOS is annexed hereto as Exhibit E.

11. Itec understood that Hyperion consented to this transfer of rights and that it had agreed to treat KMOS (nk/a Amiga,Inc) as its contract partner with respect thereoto."

I love exhibit E.

"The seller is the owner of the Object Code,Source Code and Intellectual property of an operating system known as OS4 (hereafter referred to as OS4),previously owned by Amiga Inc,pursant to an agreement between Itec LLC and Hyperion VOF dated 24th of April 2003 (attached), and acknowledged by Amiga Inc and its CEO in a Letter dated October 10,2003 (attached) "

Last edited by Spectre660 on 11-Nov-2007 at 12:36 AM.
Last edited by Spectre660 on 11-Nov-2007 at 12:29 AM.
Last edited by Spectre660 on 11-Nov-2007 at 12:28 AM.

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@AmigaHeretic

Quote:

AmigaHeretic wrote: @fairlanefastback Quote: Well as "entity" you are right, but they are the IDENTICAL persons and lawyers, which makes their "we should not be forced to travel 3000 Miles for this (sic!)"-statement pretty laughable IMHO. Yeah, can you picture Bill, Penti, and lawyers actually STANDING in the Washington courtroom? Judge: So why don't you want to join the New York lawsuit? Well, the owners would have to travel 3000 miles and err.. Judge: But aren't you you the SAME owners & aren't you're standing right in front of me? And Bill don't you LIVE in Washington?

The only employee of any of the companies thats been to court is McEwen who does live in washington, none of the known empolyees of Itec live in Washington and in fact both KMOS and Itec have there headquarters in New York, so moving it to that venue wouldnt be that extraordinary, though I believe we will see Itec's motion granted.
-Tig

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@AmigaHeretic

Quote:

AmigaHeretic wrote: I like item 73 section 14, they admit they only paid $24,750.00 of the $25,000.00 contracted amount, which is, as they even state,"$250 less than the agreed upon amount" but hey it was close enough.

If when you ask for the OS, Hyperion had said No, you still owe us $250 you would have a point, they didnt do that, and since the reason they are $250 short is because Hyperion wrote a receipt for $250 more then they actually got, the judge isnt going to let that little trick affect the outcome.

Quote:

Oh, they are still claiming the "we are a New York company" thing.

Itec is a NY company, they proved that quite convincingly and none of the principals of Itec have actually gone to court in Washington so there point definitely has merit.
-Tig

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@Tigger

Quote:

The only employee of any of the companies thats been to court is McEwen who does live in washington, none of the known empolyees of Itec live in Washington and in fact both KMOS and Itec have there headquarters in New York, so moving it to that venue wouldnt be that extraordinary, though I believe we will see Itec's motion granted. -Tig

McEwen IS the only employee. McEwen either has a hand in the other "shells" or the other shells are just on paper and don't have any other employees.

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@Tigger

Quote:

Itec is a NY company, they proved that quite convincingly and none of the principals of Itec have actually gone to court in Washington so there point definitely has merit.

Proved that it's a burden to travel 3000 miles "from" New York for the lawsuits to be joinded, when they're infact standing right there in the state of Washington and not actually living or working in NewYork?

Wouldn't that be a lie if someone lives and works in washington and says that it will be a burden to travel 3000 miles when infact they will only have to travel ~30 miles?

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@AmigaHeretic
@Spectre660

Well, I'm particularly curious as to the significance of Filing 74. PROPOSED ORDER (Unsigned) re 71 MOTION to Dismiss or in the alternative, Transfer. (Cock, Lawrence)

What's up with that? Is that just a prewritten document placed on hand in case the judge decides to dismiss the case? Where, if the judge decides to he can then just whip it out and sign it and date it? Or does this mean the judge has decided to dismiss or transfer the case, but just hasn't finished filling out the form yet?

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@NomadOfNorad

As I understand it off the top of my head from skimming partway through it the other day, Hyperion had filed to have the court join Itec with Amiga as defendants in Hyperion's countersuit against Amiga. The motion to dismiss we're looking at now was filed by Itec to request that the court dismiss Hyperion's motion to join, and not to dismiss Amiga's suit altogether.

If I've missed a detail, I'm sure Tigger will spot it, but the above is the gist of things as I recall them.

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@NomadOfNorad

Quote:

What's up with that? Is that just a prewritten document placed on hand in case the judge decides to dismiss the case? Where, if the judge decides to he can then just whip it out and sign it and date it?

yes

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@AmigaHeretic

Quote:

AmigaHeretic wrote: McEwen IS the only employee. McEwen either has a hand in the other "shells" or the other shells are just on paper and don't have any other employees.

McEwen isnt an employee of Itec, never has been. As the inventor of the Shell Game theory, I dislike you making its actual researched data into a farce with comments like this.
-Tig

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@elektro_O

Quote:

@NomadOfNorad Quote: What's up with that? Is that just a prewritten document placed on hand in case the judge decides to dismiss the case? Where, if the judge decides to he can then just whip it out and sign it and date it? yes.

Just sign here Judge an you can take the rest of the week off .

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