@umisef

In my opinion it's irrelevant whether Hyperion entered the contract knowing about the Party Pack or not, it is Amiga Inc's responsibility to resolve the issue with Hyperion and the people who paid and were rightfully expecting to get what they paid Amiga Inc. for. They failed to resolve it, and by that they breached the contract.

never mind, redundant

Last edited by billt on 05-Nov-2007 at 04:16 PM.

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@COBRA

Quote:

COBRA wrote: @umisef In my opinion it's irrelevant whether Hyperion entered the contract knowing about the Party Pack or not, it is Amiga Inc's responsibility to resolve the issue with Hyperion and the people who paid and were rightfully expecting to get what they paid Amiga Inc. for. They failed to resolve it, and by that they breached the contract.

First of all its totally relevant about Hyperion knowing about the Party Packs, secondly, the entire scenario about the Party Pack and Coupon date is a non-issue with regards to the 2001 contract anyways, its just more of Hyperions "Operation Scorched Earth" where they attempt to destroy everything because they understand they are going to lose the case.
-Tig

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@Tigger

Quote:

First of all its totally relevant about Hyperion knowing about the Party Packs

Why is that? Amiga Inc. breached the contract regardless, by failing to resolve the issue AFTER the contract was signed. But even if what you and umisef imply was correct (that Hyperion knowing about such an issue when signing the contract makes it a non-issue), it doesn't help with regards to the "I am Amiga club" scheme, which took place after the contract was signed.

Quote:

its just more of Hyperions "Operation Scorched Earth" where they attempt to destroy everything because they understand they are going to lose the case.

No, in your own (in my opinion distorted) view it may be the case, but if Hyperion thought they were going to lose the case, they certainly wouldn't want to waste more money in lawyers, by starting another case with Amino.

@billt

Quote:

billt wrote: @Hans Quote: So "Amiga Inc" (more likely it's investors) have started three lawsuits against Hyperion Quote: Plaintiff: Hyperion VOF Defendant: Amino Development Corporation That makes it sound like Hyperion started this one, not Amiga.

I have been corrected on this error by several different people already.

Hans

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@mike

Quote:

But suing for the $90,000 dollars 900 users gave amiga a few years ago to receive a copy or a discount on os4 is a possibility...

Class action suit? Let me know if anyone starts one, as Amiga owes me $250. (Windows+Linux Party Packs + the coupon)

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@Tigger


as I have said I have not seen the Complaint document in Hyperion vs Amino.

What I have asumed is the Amino -> Amiga(W) -> Amino.

so if this is the case then Hyperion are going after what was Amiga(W).

if this is not the case then the os 3.x warranty clause would not apply to Amnio.


see Amiga-Hyperion pdf no 39.
page 11 lines 23-25. also page 17 lines 1-26 and page 18 lines 1-3.
page 19 lines 15-25.
page 20 lines 1-5

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@Tigger Quote:

The judge is going to throw out this new case, because it deals with the exact same 2001 contract as the other case in washington and both judges are going to take a dim view of Hyperion forum shopping the case.

But it's OK when Amiga Inc/etc do it?

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@ChrisH

Quote:

ChrisH wrote: @Tigger Quote: The judge is going to throw out this new case, because it deals with the exact same 2001 contract as the other case in washington and both judges are going to take a dim view of Hyperion forum shopping the case. But it's OK when Amiga Inc/etc do it?

Damn, just when I was hoping there was a lull in this crap so that Tigger could finish the AROS Efika port, it starts all up again.

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So first ITEC aquired the assets because it's the 1st secured creditor and AInc.(W) was insolvent...but never filed for Chapter 11...

...now AInc.(W) was never insolvent, so how did ITEC get the contract from AInc.(W)?

It seems to me, Hyperion is rightly suing Amino (AInc.(W)) for handing over a contract to ITEC without consulting Hyperion in advance, per the contract's details. If they win, it' means ITEC owns nothing and the NY suit is bogus and Aminga Inc.(D) owns nothing and that suit is bogus as well.

Interesting: Can Bill McEwen be the CEO of 2 different companies?
This shell game is a complete joke.

@Tigger

I tried this question in another thread and did not get an answer. Can you help a mere layman to understand this?

From Amiga Inc.'s website:
Quote:

March 16, 2005 - San Francisco, CA - Today, KMOS, Inc. announced that it has completed all registrations with the State of Delaware formally changing its corporate identity to Amiga, Inc.

Source: http://www.amiga.com/news/index.php?art=2

ok. This would indicate the corporate identity IS Amiga Inc. in 2005.

Quote:

Date of Incorporation 04/20/2007

Source: http://www.secstate.wa.gov/corps/search_detail.aspx?ubi=602621140

ok. This would indicate the corporate identity was -not- Amiga Inc. until 6 days before the legal action was filed against Hyperion VOF.

So, which is it?
Or, as I posed earlier...is this 2nd notice (above) a renewal of some type and not an original filing?

#6

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@number6

Quote:

ok. This would indicate the corporate identity was -not- Amiga Inc. until 6 days before the legal action was filed against Hyperion VOF.

That shows that Amiga of Delaware have got a license to do business within the state of Washington. Amiga of Delaware could have existed for any time eslewhere, in Delaware, New York, etc. before then but not yet had a business license within the state of Washington, and that they were registering so they could have an official company address inside the state of Washington, do lawsuits, etc there. I imagine they had to do this so they could sue within the jurisdiction defined by the contract.

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@COBRA

Quote:

COBRA wrote: Why is that? Amiga Inc. breached the contract regardless, by failing to resolve the issue AFTER the contract was signed. But even if what you and umisef imply was correct (that Hyperion knowing about such an issue when signing the contract makes it a non-issue), it doesn't help with regards to the "I am Amiga club" scheme, which took place after the contract was signed.

Again COBRA, you keep not explaining what in the (2001) contract makes you think doing this a violation. The general arguments you make in this case dont apply due to the lateness of the software, non-completion of what at the time of the contract was the largest platform for the OS and of course the hardware issue, all of which are squarely to blame on Hyperion.

Quote:

No, in your own (in my opinion distorted) view it may be the case, but if Hyperion thought they were going to lose the case, they certainly wouldn't want to waste more money in lawyers, by starting another case with Amino.

They have the same lawyer doing the case, and he doesnt bill himself as the cheapest lawyer in town because of his high expense. There is nothing new in this case. Hyperion is claiming AI was insolvent (so they have a perpetual license) and that they didnt carry out the buyback on time. Those are the exact same things they are claiming about the very same contract in the same venue but with a different judge in the other case. Venue shopping is really looked down upon by judges.
-Tig

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@billt

Quote:

billt wrote: @mike Quote: But suing for the $90,000 dollars 900 users gave amiga a few years ago to receive a copy or a discount on os4 is a possibility... Class action suit? Let me know if anyone starts one, as Amiga owes me $250. (Windows+Linux Party Packs + the coupon)

I tried twice to get enough people together to do this in 2004, and noone was interested, I tried to get Bolten, Matt and one other creditor to put them into an insolvency hearing in 2004 and couldnt get anyone interested, so I dont expect you are going to be able to get it off the ground now.
-Tig

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@Spectre660

Quote:

Spectre660 wrote: @Tigger as I have said I have not seen the Complaint document in Hyperion vs Amino. What I have asumed is the Amino -> Amiga(W) -> Amino. so if this is the case then Hyperion are going after what was Amiga(W). if this is not the case then the os 3.x warranty clause would not apply to Amnio.

Wrong word usage Spectre. Your references at least imply you are talking about Amino not providing source code to 3.9 per your comment, that isnt a warranty, warranty would be people who bought 3.9 being. upset with unavailable features or bugs in the system. And thats not what the "new" case is about. They are suing saying that AI(W) was insolvent before the Itec sale occurred and that the buyback was carried out too late. This is exactly the case they are making in the other washington case, and the judges are very likely to consider it forum shopping since its once again about the exact same contract, and best case is they are going to add the Amino corporation to the original case, which will make Hyperions case even weaker.
-Tig

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@ChrisH

Quote:

ChrisH wrote: @Tigger Quote: The judge is going to throw out this new case, because it deals with the exact same 2001 contract as the other case in washington and both judges are going to take a dim view of Hyperion forum shopping the case. But it's OK when Amiga Inc/etc do it?

Amiga Inc hasnt done it at all. Itec has shown due dilegence after Hyperion made a rather interesting statement in court, which could have led to a Itec->KMOS lawsuit. The New York case is about the 2003 Itec->Hyperion contract, the original Washington case is about the 2001 Amiga-AmigaOne Partners contract, the new lawsuit started in washington is also about the 2001 Amiga-AmigaOne Partners contract and its in the same venue. The two judges in Washington are going to look poorly at this effort to shop judges.
-Tig

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@Lou

Quote:

Lou wrote: So first ITEC aquired the assets because it's the 1st secured creditor and AInc.(W) was insolvent...but never filed for Chapter 11... ...now AInc.(W) was never insolvent, so how did ITEC get the contract from AInc.(W)?

Uhh, noone but Hyperion has ever said that AI(W) was insolvent and noone ever said that is why Itec got the contract.

Quote:

It seems to me, Hyperion is rightly suing Amino (AInc.(W)) for handing over a contract to ITEC without consulting Hyperion in advance, per the contract's details. If they win, it' means ITEC owns nothing and the NY suit is bogus and Aminga Inc.(D) owns nothing and that suit is bogus as well.

Less then 24 hours after the sale of the contract to Itec, Ben sold the OS to Itec despite them being 9 timezones apart, given that fact, do you honestly believe what you just said is true? And I'm sorry but the Itec contract with Hyperion does not say that Itec must be the owner of the 2001 contract for it to be implemented. Its a really simple basically one line contract, they give money, Hyperion gives source code and object modules, they gave the money, they have every right to sue for the code and object modules.

Quote:

Interesting: Can Bill McEwen be the CEO of 2 different companies? This shell game is a complete joke.

Steve Jobs was CEO of 3 at one point, so yes he can (but he has never been listed as CEO of any company but AI(W) and Amino which is the same company, and as the inventor of the shell game story, I hate to point out, but its gotten less and less like a shell game and more and more like Pentti stole everything from Bill and the other investors the longer we go on.
-Tig

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@number6

Quote:

number6 wrote: @Tigger I tried this question in another thread and did not get an answer. Can you help a mere layman to understand this?

Sure

Quote:

ok. This would indicate the corporate identity IS Amiga Inc. in 2005.

Yep, KMOS a company in Delaware changed its name to AI.

Quote:

Quote: Date of Incorporation 04/20/2007 Source: http://www.secstate.wa.gov/corps/search_detail.aspx?ubi=602621140 ok. This would indicate the corporate identity was -not- Amiga Inc. until 6 days before the legal action was filed against Hyperion VOF. So, which is it? Or, as I posed earlier...is this 2nd notice (above) a renewal of some type and not an original filing?

They are setting up to have offices in Washington and which they may have had to do, to sue in Washington per the original contract.
-Tig

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@Tigger

Edited....

Dream on Dude...

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@billt

Quote:

Class action suit? Let me know if anyone starts one, as Amiga owes me $250. (Windows+Linux Party Packs + the coupon)

You are extremely late but there was an attempt to start one four years ago at ANN.

You should read post number #135 to revive your faith in Amiga

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