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Internet News   Internet News : That Amiga/Thendic courtcase in full
   posted by Anonymous on 26-Feb-2004 9:04:40 (3547 reads)
Samface AKA Sammy Nordstrom has collected all the court documents relating to the Amiga/Thendic case at his site Amiga-Thendic Case for you to see.

We also have collected a series of links to related articles on this site that you should read before commenting, if you haven't already!


As is clear from the documents Amiga Inc defaulted the case by not retaining legal counsel to represent themselves on it causing an automatic ruling in favour of Thendic. This means that the AmigaDE port has to be made to Pegasos.

Amiga Inc has 30 days from the ruling to appeal.

The discussion threads are available here:

Breaking rumour

Hyperions official response

Sabre Rattling over OS4
    

Related Links
· More about Internet News



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PosterThread
IonMane 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 13:09:37
#1 ]
Cult Member
Joined: 18-Apr-2003
Posts: 550
From: Adelaide Australia.

Good work.
In summary it is simply Bill Buck making a powerplay because he knows AMiga Inc cannot defend itself at this time, and through the courts expects them to rule in his favour over any frivolous thing he wants with regards to Amiga Inc and its contracts.
This powerplay boils down into him attemptimpting to gain control over what hardware is used on the A1 (read:replace pegasos for the A1) force hyperion to use this hardware or nothing for OS4 and basicly run the entire show.

As someone along the way has said, its high time we started kicking up a fuss and stop accepting this kind of stuff and make them do what we want, not allow them to tell us what we want, and hold them to a moral standard we can all accept.

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choochy 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 13:40:40
#2 ]
Regular Member
Joined: 11-Mar-2003
Posts: 177
From: Adelaide, Australia

Maybe we should startup a donation box for a lawyer for Amiga Inc. I would personally love to see, if any and it is my opinion that there are, any futhur trials fail, and their mouths sewn shut. No offence to any genesi followers!

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Anonymous 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 13:52:29
# ]



Club Amiga was enough, if they can't pull together money for an appeal then they don't consider the case worth fighting.

It was put to me that if they don't consider AmigaDE worth fighting for, then why should we?

 
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Troels 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 14:06:10
#4 ]
Super Member
Joined: 8-Mar-2003
Posts: 1968
From: Unknown

Quote:
It was put to me that if they don't consider AmigaDE worth fighting for, then why should we?


I don't think they lost the case (had no laywers to represent them) because they don't consider DE worth fighting for, I think they're broke.

It's very expensive to run a case like that as it could go on a long time. And it seems that even Bill Mc's private economy is crap atm (Richieboy mentioned something about that somewhere).

So where should they get the money from to defend themselves?

Maybe it was a clever move to let Genesi win round one and then spend all they can afford for an appeal.

I would gladly donate $100 to see Bill Buck take all his crap back

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warface 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 14:22:03
#5 ]
Regular Member
Joined: 1-Oct-2003
Posts: 124
From: Unknown

Quote:
This powerplay boils down into him attemptimpting to gain control over what hardware is used on the A1 (read:replace pegasos for the A1) force hyperion to use this hardware or nothing for OS4 and basicly run the entire show.


It's pretty far fetched in my opinion. All we have at this point a judgement granting AmigaDE and Amiga(DE) trademarks for use to Genesi, to which (according to the contract and the ruling of the judge as well) they had right.

In my read it was Amiga Inc attacking their competitor with the refusal*, and now the judge settled the case in favor of Genesi, not a Genesi attempt to "take over the world", which (at least for me) sounds more like a conspiracy theory.

*without AmigaDE and the Amiga(DE) trademarks Genesi had a much tougher time selling products to Amiga and exAmiga users, and I'm pretty sure that it's unlawful withhold meant a damage to them which can be measured in tens if not hundreds of boards

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voxel 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 14:42:03
#6 ]
Member
Joined: 9-Mar-2003
Posts: 99
From: Somewhere near Clermont-Ferrand - France

@ daveP

Lack of money have never been equal to lack of motivation to defend self toward adversity.

Even if Amiga Inc. is lacking enough money at the moment (and we have no evidence it is so), they deserve to be helped against bad boys wanting to rob what they don't have any rights on.

Why would we let down who are responsible for the Amiga being still alive and going forward?
Cause they are not as quick as we want them to be? NO!
Cause they makes promisses not yet fulfilled? NO!

In the opposite, if some competitor wants to become the Evil Bill Gates of the Amiga and uses the same detestable methods as it's model, we have to make all that we can to protect Amiga Inc, Hyperion, Eyetech and all loyals Amiga companies, individuals and the Amiga community against that.

I'm totally okay with IonMane and choochy. It's time for the community to wake up, kick some asses that highly deserve it and why not make donations for helping Amiga Inc. to hire bests lawyers and kick someone we know out there.

After all some of us have made donations to have certain software titles ported to the Amiga, so why not to have the Amiga protected from bad competiors?

Amigalement,
Jean-François, Amiga ONLY since 1985.
------------------------------------------------
Welcome to Happy Computing : AMIGA! (©2k4 voxel)

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Anonymous 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 14:48:20
# ]



If you guys want to donate money to Amiga Inc, then by all means do so, I will not advocate for it, nor will I advocate against it.

In my personal view Amiga Inc's control over AmigaDE needs to stand on the footing of its own motivation and ability to finance itself to protect its investment.

What would be better, in my view, would be for the community to group together to make projects around A1 and the AOS4 stack, such as one project to get an A1 online to host some high profile projects.

Also to provide A1s to talented but poverty stricken developers.

 
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Geri 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 15:17:13
#8 ]
Super Member
Joined: 7-Oct-2003
Posts: 1903
From: Südtirol / Sudtirolo / Southtyrol

On ANN.lu someone posted a e-Mail from Fleecy Moss, regarding AmigaDE, AG2 and the "new" AG3... I haven't read it all, but is it true, or is it just a hoax?

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voxel 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 16:02:32
#9 ]
Member
Joined: 9-Mar-2003
Posts: 99
From: Somewhere near Clermont-Ferrand - France

@ Geri

I don't think fleecy will make ANY annoucement by ANN

@ daveP

Good idea!

Amigalement,
Jean-François, Amiag ONLY since 1985.
------------------------------------------------
Welcome to Happy Computing : AMIGA! (©2k4 voxel)

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Anonymous 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 16:02:45
# ]



Its just a hoax, perpetrated by Adam Ceremuga aka cheesegrate.

 
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Georg 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 16:08:44
#11 ]
Regular Member
Joined: 14-May-2003
Posts: 421
From: Unknown

Quote:
Even if Amiga Inc. is lacking enough money at the moment (and we have no evidence it is so), they deserve to be helped against bad boys wanting to rob what they don't have any rights on.


No evidence??? What about those several other court cases Amiga Inc has lost in the past months and years. Having to do with payment/taxes/former employees/landlords/auctions.

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Agafaster 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 16:55:47
#12 ]
Super Member
Joined: 10-Mar-2003
Posts: 1413
From: West Midlands, England - sector ZZ9 plural Z alpha

@Georg,

If they have no money, it is probably due to those very same courtcases.

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vortexau 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 17:03:54
#13 ]
Elite Member
Joined: 10-Mar-2003
Posts: 2651
From: . . outside the Pod-bay; Australia

"Genesi calling . . . Genesi calling!"

Hmmm! About every 3 months (or so) strange Forum Utterings appear to attempt to disrupt Amigans' morale!

Ah! THIS is the work of the Twenty-First Century version of LORD HAW-HAW

Don't pay TOO much heed!

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samface 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 17:16:15
#14 ]
Super Member
Joined: 10-Apr-2003
Posts: 1161
From: Norrköping, Sweden

Quote:
Its just a hoax, perpetrated by Adam Ceremuga aka cheesegrate.


That is considered to be a rather serious crime in Sweden. Not that I think anyone is going to press charges against him...

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Anonymous 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 19:57:42
# ]



At least the sorry affair seems to be settled now.

Genesi get a port of Amiga DE to Morph OS, big deal - was it really worth going to court for that?

 
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Kneedeep 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 20:10:57
#16 ]
Regular Member
Joined: 8-Mar-2003
Posts: 430
From: West of the Mississippi

Quote:
What would be better, in my view, would be for the community to group together to make projects around A1 and the AOS4 stack, such as one project to get an A1 online to host some high profile projects.


Hmmm, if Amiga.inc feels that DE is not worth it, then I too would much rather put my money for the A1 & OS 4. Let OS 4 be the future. It may be very hard to support two fronts right now, so again . . . GO OS 4 and beyond.

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IanS 
Re: That Amiga/Thendic courtcase in full
Posted on 26-Feb-2004 23:59:02
#17 ]
Regular Member
Joined: 7-Mar-2003
Posts: 240
From: Beer Country

Quote:
Poster: cockney_dave Date: 26-Feb-2004 19:57:42

At least the sorry affair seems to be settled now.

Genesi get a port of Amiga DE to Morph OS, big deal - was it really worth going to court for that?


IMO it seems Genesi would rather spend money on court cases than paying their employees - as we can see regarding Christian Kemp, Wayne Hunt et al.

I mean, what happened to Alan Havermose, Coyote Flux etc?

There are still a lot of answers that need to be revealed in this charade.

Cheers, Ian

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DoodooHead 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 0:16:42
#18 ]
Cult Member
Joined: 8-Mar-2003
Posts: 641
From: Reno, Nevada, U.S.

@DaveP

I will provide two A1s to "talented but poverty stricken developers". One in March and one in May.

@ "talented but poverty stricken developers"

Two of you reading this could be the lucky recipients of these A1s.

DoodooHead

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billt 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 4:10:16
#19 ]
Elite Member
Joined: 24-Oct-2003
Posts: 2833
From: Maryland, USA

>Maybe we should startup a donation box for a lawyer for Amiga Inc. I would personally love
>to see, if any and it is my opinion that there are, any futhur trials fail, and their mouths sewn
>shut. No offence to any genesi followers!

I've thought of this a bit, and would do it more to keep things out of Buck's hands than anything else. But, I think it should be set up and paid directly to a lawyer and not let it pass through Ainc's hands on the way to the lawyer, lest it possibly claimed and used for something else like paying toward previous legal claims.

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Sbaitso 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 4:17:35
#20 ]
Regular Member
Joined: 24-May-2003
Posts: 222
From: Unknown

I have two questions about all of this.

#1 Even if someone was willing to set up a fund to assist Amiga, Inc. with legal bills, would they and COULD they accept the money? I certainly don't want to start another legal conversation here but I'm wondering if it's as easy as handing some money over to a company to pay legal bills. Isn't it possible that their investors might have a say in who they do and do not accept money from?

#2 By no means do I even attempt to understand all of this. I've read a lot about it all and I try to sit back and listen and learn whenever possible but I do have a question that no one seems to have addressed thus far. Unless pressured to by the investors, why was this deal ever put in place to begin with? With all of the history involved I'm just confused as to why it was even attempted, much less actually done.

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