@OldFart

Agreed, some youngsters here would not even know that Hyperion originated from Lawyers.

ace

@acefnq

I'm so old that I've looped through time and am young again and my great great great great great great x marillion squared grandfather has just been born. And we have no idea of who's going to win this case.

Well apart from me since I've read the history books and I remember reading that Amiga Industries went on to make the Republic of Terra, Fleecy Moss Deep Exploration ship (RTFM-DE) and the Robotic Interplanetary Bill Suit (RIBS), I expect either Amiga wins or Hyperion are just really weird.

But then again, the RTFM-DE did crash into that planet sparking the million year wars with the surviving residents of that world (Hench the need for the RIBS) so I maybe the Amiga curse lives on for a bit longer?

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@all

Now what I wonder is, lets say that the WA case goes for Hyperion and the judge there buys the whole "the principals of Amiga Delaware were the principals of KMOS and of Itec and of Amiga Washington" thing (to paraphrase) and says rights transfered way back and that the Itec contract was based on a deception. How does this work if there is a conflicting ruling in NY? Do you appeal with the Washington case documents in hand in NY? SAM boards will be way out of production by the time something like this is cleaned up it seems, short of both sides doing an out of court settlement.

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@fairlanefastback

Quote:

SAM boards will be way out of production by the time something like this is cleaned up it seems, short of both sides doing an out of court settlement.

The strange thing is that it looks like Hyperion are playing for time.

The NY case had been reassigned to a non-commercial judge, which presumably (due to the less-money-involved nature of things) might actually *do* things a bit more efficiently than the commercial side. Hyperion complained and moved to have the case moved back to the commercial side, whereas Itec tried to have it stay on the non-commercial side and to go ahead.

Also remarkably, neither side apparently has made any mention yet of the Washington case (or at least none that impressed a judge enough to include it in their opinions).

@umisef

I think that 6th Nov is about the end of ITEC's 60 day period to respond to Hyperion's Counterclaims in the Washington lawsuit.
It would be "useful" to see what Itec have to say in Washington before defending the New York suit.

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@SpaceDruid

Quote:

I'm so old that I've looped through time ...

That's nothing. I 've looped through time and space. Things don't look much better. It turns out space-time is curved into itself, but until now the origins of that curvature have been theoretical.

As it turns out a redundant, twin RIBS unit was lost in space to planet Cybertron. The collision of technologies set off an intense reaction, radiating outwards for ten, hundreds, then thousands of light years, exceeding any power output ever seen - even Blazemonger Industries - consuming everything in its wake.

As the reaction subsided, planet Cybertron had been transformed. Its surface was covered with large red and white squares over 1Km per side. The core of the planet now housed an entirely new device - the Spatial Particle Actuator and Regeneration Engine. In addition to powering the planet, it presented a large flaw... the planet Cybertron was now warping the entire space-time continuum, with itself squarely at the centre.

This warpage was incredibly powerful, affecting any craft that came remotely close, driving the crew insane, turning on one another like cannibals. The planet was surrounded with warning beacons at a perimeter of many light years... warning all ... beware of SPARE RIBS.

Last edited by gregthecanuck on 23-Oct-2007 at 08:25 AM.
Last edited by gregthecanuck on 23-Oct-2007 at 04:17 AM.
Last edited by gregthecanuck on 23-Oct-2007 at 04:13 AM.

@SpaceDruid

Quote:

...and my great great great great great great x marillion squared grandfather

and just by mentioning marillion, shows how old you are

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@Derfs

Oh Fish off

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@umisef

Quote:

The strange thing is that it looks like Hyperion are playing for time.

Not sure if you noticed another document on the site for the New York case.
I did not see it yesterday (there were only 3) today there are 4.

it is a form. probably dealing with the request from Hyperion to go back to the first Judge.

On page 2 is an estimate of how long it will take to be ready for trial.
13-15 Months is checked (Complex case).

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@Spectre660

Quote:

it is a form. probably dealing with the request from Hyperion to go back to the first Judge.

Probably not --- it's dated September 20th, and the assignment to the non-commercial section only happened in October.

Quote:

On page 2 is an estimate of how long it will take to be ready for trial. 13-15 Months is checked (Complex case).

There is also a rather brave statement at the end claiming that the Washington case involves the same parties and the same claims. Considering that in WA, Itec is co-counter-defendent, whereas in NY, Itec is plaintiff, that will take some fancy explaining :)

@umisef

Some URL links or attachments please.

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@umisef

Quote:

There is also a rather brave statement at the end claiming that the Washington case involves the same parties and the same claims. Considering that in WA, Itec is co-counter-defendent, whereas in NY, Itec is plaintiff, that will take some fancy explaining :)

How come I don't see this statement ?. Is it a problem with APdf or do you have another source of the document ?

also have a look at the Administrative order, page 1, last line to page 2, line 2. "alledged breach of a software Development contract".
Could this Judge also be "Confused". ? thought that Itec were supposed to have
contracted to "purchase" OS4 not to have bought into the 2001 contract.

What Gives ?

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@Spectre660 & meet.mrnrg

http://iapps.courts.state.ny.us/iscroll/

Type ITEC as plaintiff in the advanced search.

You will find more docs.

A+
Woon

@woon

Thanks.
I was aware of the location and had viewed the documents.
The document I was commenting on has 2 pages that I can see.
Umisef is refering to something that he says is in the same document
but I dont see it in the 2 pages.

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

Looks like we could head down the same "2001 agreement arguments" in New York until it is argued that the same issues are being addressed in Washington.

"alleged breach of software development agreement" does not describe the 2003 Itec/Hyperion contract as a stand alone agreement.

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@Spectre660

Are you looking in the document which is dated at the 10/20/2007?

Look at page 2, at the bottom of the page, above of the signature, theres the 'Related Cases' section.

Last edited by cHaOs667 on 24-Oct-2007 at 12:04 PM.

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@cHaOs667

ah. see it now.

Thanks

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@woon

Quote:

http://iapps.courts.state.ny.us/iscroll/

Thanks for that --- I meant to link to the case page in the original post, but only realised that I had instead linked to a document after travelling to work; And from here, I cannot access the bookmark folder of my home machine. *sigh*

So yeah, thanks for fixing my screwup :)

This case could be heading for some ITEC pain.
I just love being an armchair lawyer .

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@Spectre660

Quote:

Spectre660 wrote: This case could be heading for some ITEC pain. I just love being an armchair lawyer .

There is no pain for Itec no matter what the result of the case, but having the judge decide thats is just a case about 25K and delivering software (ie why it was thrown back to the lower court) helps, not hinders Itec. The judge says the case is about the 1.5 page document, not this complex case you are trying to make it again.
-Tig

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