@itix

Post 135 makes me wanna puke.

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AmigaOS or MorphOS on x86 would sell orders of magnitude more than the current,
hardware-intensive solutions. And they'd go faster.-- D.Haynie

@Manu

Quote:

Post 135 makes me wanna puke.

Why?

Garry wanted to do business (fact) and Bill apparently did not and does not.
And which guy got relieved of his position?
Think about it.

#6

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This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

@number6

Because I disagree that Amiga is a "culture not a business", and because there
was talk about "OS4 is almost completed" already in 2003 ! So what happened
to 2004, 2005, 2006, and 2007. Tell me I doesn't make you feel sick
" Did Apple bother? "- Yes in a way they did and look at OS X today.

_________________
AmigaOS or MorphOS on x86 would sell orders of magnitude more than the current,
hardware-intensive solutions. And they'd go faster.-- D.Haynie

@Spectre660

Quote:

Spectre660 wrote: @Tigger Edited.... Dream on Dude...

About what?
-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.

@itix

Could be interesting to see what the people thinks about this situation after 3 years....

_________________
retired

@AmigaBlitter

maybe this ?

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AmigaOS or MorphOS on x86 would sell orders of magnitude more than the current,
hardware-intensive solutions. And they'd go faster.-- D.Haynie

@Tigger

about the stength of Hyperion's defence/case.

As I have said before there is a big flaw in Amiga Inc(D)'s Lawsuit.
The true implications of clause 2.06 of the 2001 Agreement has not been fully addressed by either side yet.

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

@Tigger

Quote:

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

I thought Bill McEwan said it in a previous court case, Bolton Peck, or Genesis/Thendic. Can't remember which.

_________________
Peter Swallow.
A1XEG3-800 [IBM 750FX PowerPC], running OS4.1FE, using ac97 onboard sound.

"There are 10 types of people in the world: those who understand binary, and those who don't."

@AmigaBlitter

Quote:

Could be interesting to see what the people thinks about this situation after 3 years....

It would be interesting to see what the people thinks about this situation after the court case. I wonder whose tune will change, or will it just be given another slant.

_________________
Peter Swallow.
A1XEG3-800 [IBM 750FX PowerPC], running OS4.1FE, using ac97 onboard sound.

"There are 10 types of people in the world: those who understand binary, and those who don't."

Can anyone give me a quick summary of the courtcase and any estimate of when it could be over?

Enough with the politics... its time now for OS4 just to be released before it becomes even more of a joke than it allready is.

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@Manu

Quote:

Because I disagree that Amiga is a "culture not a business", and because therewas talk about "OS4 is almost completed" already in 2003 ! So what happenedto 2004, 2005, 2006, and 2007. Tell me I doesn't make you feel sick

ok. But many in the community -would- see us as a "religion" or "culture".

The problem is that the -parent- company (post Garry Hare) did not see us as a opportunity for business. Or worse...did, but failed to proceed with following up on viable projects while giving the developers off-topic reasoning for said failures to follow up.
Translation:Do you think for a second that anyone involved in hardware development was honestly told about the impending legal action, so they could make their own intelligent decision on whether to proceed to dump money and resources into their projects? Of course NOT!
And yes...it's just business, to make sure that people would continue to work on solutions despite the reality. But mark my words...This deceipt by the parent company is NOT taken lightly in world of the developers.

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

@Tigger

Quote:

Uhh, noone but Hyperion has ever said that AI(W) was insolvent

I haven't seen any blatant admission of that either, but they have said things that flirted with this. Maybe not enough to be a legal declaration or anything... In one of the Q&A sessions with McEwen he described how Amiga Washington sold all assets to itec, and then because they then owned nothing that Amiga Washington closed its doors. Before that he spoke of their famous $100 bank account. And of course the fact that they couldn't pay their rent, got kicked out of their offices and the landlord sold all their stuff. That's all things for people with nothing better to do to argue over, but are related to insolvency and weren't said by Hyperion. I haven't kept track of course, Hyperion may be the only ones to really make much use of the word "insolvent" in particular, but talk on that general theme has been around and from lots of people for some time.

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All glory to the Hypnotoad!

@all (except Tigger)

Quote:

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 judgs 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

http://en.wikipedia.org/wiki/Warranty

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

@Lou

Quote:

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)?

Simple --- defaulting on a loan and being insolvent are very much not the same thing.

At some date (and which date this was is one of the more interesting unanswered questions), AI(W) found itself with assets, but short on cash. So they took a loan from Itec, and put up some of the assets as security (think "taking out a mortgage on your house" or even "take the wedding ring to the pawn broker").
At some later date, AI(W) again found itself short on cash, thus being unable to repay the loan. So Itec says "no worries, guys --- that's what the security is for. You just give us those assets, and as spelled out in our contract, we will forget about the loan *AND* give you some of our shares".
Once that is done, AI(W) has fewer assets than before, but also no longer has that particular debt to worry about. Which means that what assets they have left are probably sufficient to cover their remaining debts, and thus they are not insolvent. Just like having the bank foreclose on your mortgage doesn't mean you are insolvent (heck, depending on how much you still owed and how much the house is worth, you might walk away with a fat wallet!). Just like the pawn broker selling your wedding ring if you miss too many payments doesn't mean you are insolvent (just in a *lot* of trouble with the better half :).

Mind you, there are huge problems with the way all this is supposed to have happened --- but being insolvent just because they defaulted on a secured loan is not one of them.

@COBRA

Quote:

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.

This goes to the very shaky idea of "damage done to Hyperion".

If, as you (and the various Amigas) say the party packs were Amiga's to deal with, then where is the damage to Hyperion? Whereas if Hyperion actually believed that they had to make good on those vouchers (which they explicitly don't, but it's the one scenario where they actually would have suffered damage), then knowing about them when you sign the contract is quite relevant.

The silly "Club Amiga" things are a different issue, and Hyperion might possibly have a valid complaint that Amiga was taking prepayments on sales that at the time would have been Hyperion's to make, and that thus Amiga was in effect dipping into Hyperion's coffers. Of course, complaining about that 5 years later is not very convincing, either, but at least there is something to complain about.
The party packs, on the other hand, were AI dipping into their own future revenue. When Hyperion took on OS4, they knew about that. Suddenly complaining about it 6 years later and claiming that it somehow caused Hyperion damage is just plain insulting to the intelligence of the people they complain to.

@AmigaBlitter
Quote:

Could be interesting to see what the people thinks about this situation after 3 years....

Should be pretty easy to predict. Just think about 2004.

_________________
Here for the whimpering end

@number6

Well, let me be the first to say that I think Hyperion has a Slam Dunk with this one.

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@Spectre660

Quote:

Spectre660 wrote: @Tigger about the stength of Hyperion's defence/case.

Starting another court case in the same state over the same contract is not the effort of a company that thinks they are going to win. Its a stalling tactic at best.

Quote:

As I have said before there is a big flaw in Amiga Inc(D)'s Lawsuit. The true implications of clause 2.06 of the 2001 Agreement has not been fully addressed by either side yet.

We've all fully discussed 2.06, what exactly do you think is said in those 5 sentences that hasnt been discussed to death? Both sides have talked about it extensively.
-Tig

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

@Spectre660

Quote:

Spectre660 wrote: http://en.wikipedia.org/wiki/Warranty

Thank you for pointing out you were incorrect, I appreciate it.
-Tig

Last edited by Tigger on 06-Nov-2007 at 12:36 AM.

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

@number6

Quote:

And which guy got relieved of his position?

Err..

The guy KMOS accused of embezzling them and the guy KMOS took to court.