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Internet News   Internet News : That Amiga/Thendic courtcase in full
   posted by Anonymous on 26-Feb-2004 9:04:40 (6129 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
    

STORYID: 1258
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IonMane 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 4:29:20
#21 ]
Cult Member
Joined: 18-Apr-2003
Posts: 550
From: Adelaide Australia.

@warface


Quote:
It's pretty far fetched in my opinion

I did not make that up, thats what Bill Buck said on moobunny.There is no ambiguity about that.



Quote:
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.

There are so many things here that its rather astounding. Amiga Inc "attacking" Genesi is about as realistic as pink moonrodents attacking Armstrong during the moonlanding. SUch as the contract was not with Genesi to begin with, who actually owns the pegasos, the fact that pegasos was not on the list, that the contract also states that Amiga Inc. has the right to refuse, not to mention that you cant port DE to a PPC platform as yet because intent does not work on it.
None of this(and more) came out in the courtcase itself as AMiga Inc could not defend itself.
If anyone is attacking anyone here it is Genesi (a thirdy party that the contract was not with) attacking Amiga Inc by sueing them.

Quote:
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

Once again, Genesi is not with whom the contract was with. The contract was between Amiga Inc and Thedic-Germany which is a seperate business entity although it is owned by the same "holding company"


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IonMane 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 4:36:46
#22 ]
Cult Member
Joined: 18-Apr-2003
Posts: 550
From: Adelaide Australia.

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.

That is of course a start, however what point is there if a hostile company comes along and rips AOS from underneath us? Drives eyetech out of the market somehow.
I think it would behoove us as the community to protect ourselves and the platform as well.One way to do this is like I said above, stop allowing these companies from acting in such a deploreable manner as has happened in the past.

Quote:
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.

I think anyone can appeal the decision on thier behalf.Thier co-operation would help but I dont even think it is even required.
It is pretty common practise in the US for someone to pay anothers lawyers bills, I see no problem with it nor any reason why Amiga Inc. would need to be provided the money instead of directly paying the lawyer


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Bodie 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 5:00:11
#23 ]
Super Member
Joined: 9-Jan-2003
Posts: 1439
From: Azjol-Nerub

@DoodooHead

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


That's what I love about this community!

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GregS 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 7:56:13
#24 ]
Super Member
Joined: 28-Apr-2003
Posts: 1797
From: Perth Australia

I can well understand folks getting riled. But lets think.

I have a natural reluctance to encourage people to go to court except as a last resort. It is expensive and takes a long long time, so you better make sure the end result is worth the energy before you start.

Bill Buck needs a come-uppance the guy really irks me, but don't even think about using the courts as a means of settling accounts about other things.

Our energy and Amiga Inc senergy has to be soley directed towards getting the whole thing properly on its feet and going forward, we owe that to Hyperion, Eyetech and the community as a whole -- we owe it to ourselves.

Keep your eye on the main objective, not on the sideshows. The best way to beat Bill Buck and his minions is to get our side running so well that, we can make reaslistic offers to the good people who have worked for MorphOS and Pegasos and make them a home amongst us, if they wish -- because I do see the A1 and OS4-5 really going places.

I mean this seriously, the previous stuff about source codes etc, the frictions etc, will have to be forgotten eventually -- those software people on MorphOS and the hardware people of Pegasos, that actually did the work, they are valuable and talented and should be respected.

OS4 is not far off, things are actually for the first time in years starting to look really good, exciting and challenging. This is the important stuff, not what a bunch of low-lifes who in the end will be brushed aside. Leave revenge to the Gods and let us get on with things.

We will soon need more software, hardware adaptions, people out showing off their machines, people getting their machines to do really intersting stuff, inventive things, finding new ways of doing things -- enjoying the computer, and most of all showing those poor porr ####s using MS what a computer can really do.

The Crud War is over the ruling broke the wall, now lots of Thendic ex-employees are attacking the "little satan", his own side is telling him to shut up and go away. Let them dispose of the corpse and let us start building a better tomorrow.

Sorry for the rant.


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GregS 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 8:01:24
#25 ]
Super Member
Joined: 28-Apr-2003
Posts: 1797
From: Perth Australia

@vortexau, love the post. Captures the essence of the problem boy I think.


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samface 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 8:37:08
#26 ]
Super Member
Joined: 10-Apr-2003
Posts: 1161
From: Norrköping, Sweden

Excellent post, GregS. I admire your spirit and sportsmanship. This is something we all should be trying to live up to a bit more.


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Sammy Nordström, A.K.A. "Samface"

MINDRELEASE.net - The Non-Commercial Network of Digital Arts.

Samworks D & C - Professional Web Development (in Swedish)

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voxel 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 8:41:30
#27 ]
Member
Joined: 9-Mar-2003
Posts: 99
From: Somewhere near Clermont-Ferrand - France

@cockney_dave

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

Sure, if you want to harm and possibly kill your competitors.
It's exactly the same methods used by Microshaft to eliminate anyone that is better than them.

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


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Jean-François "voxel" Bachelet, Amiga NUTS since 1985.
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tonyw 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 10:06:27
#28 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3240
From: Sydney (of course)

@Voxel: Your .sig is about 396 years ahead of you.

"2k4" means 2.4 k or 2400. I think you mean "2k004"

tony


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tony

Hyperion Support Forum: http://forum.hyperion-entertainment.biz/index.php

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hnl_dk 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 11:28:28
#29 ]
Super Member
Joined: 25-Mar-2003
Posts: 1786
From: Denmark

ok, it's a bit , but try to read this one

How many unpaid Genesi employees?

Johan Rönnblom ex-employee


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hnl_dk - Henning Nielsen Lund [Denmark]

Please send no PM to me, email me if you want to contact me. See you somewhere else.

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Anonymous 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 12:37:05
# ]



Its not that offtopic, it gives us an idea of how close Genesi/Thendic is to total meltdown ( although Amiga Inc seems to have held on for nearly 2 years plus now thanks to the loyalty of the majority of its staff ) and if the aforementioned Thendic were to go out of business then the whole court outcome would be null and void anyway.

Magnanimous gestures are made by victors in a comfortable situation, threats are made by same when they are not in a comfortable situation.

Thats my view, and thanks for bringing this to the attention of the readers of Amigaworld.net.

Regards

Dave.

 
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Zorro 
Re: That Amiga/Thendic courtcase in full
Posted on 27-Feb-2004 15:54:22
#31 ]
Super Member
Joined: 30-Apr-2003
Posts: 1081
From: Italy

samface wrote...

Quote:
Excellent post, GregS.



I fully agree... well done to GregS and to all those that make this renewed community so big...


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AmigaOS, the last hope...

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Maczilla 
Re: That Amiga/Thendic courtcase in full
Posted on 28-Feb-2004 1:01:33
#32 ]
Regular Member
Joined: 19-Oct-2003
Posts: 206
From: USA

This is also off topic...Just saw John C. Dvorac plug Morph OS on Tech TV
What is the world coming to ... are he and Bill Buck Pals or what?

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voxel 
Re: That Amiga/Thendic courtcase in full
Posted on 28-Feb-2004 16:57:19
#33 ]
Member
Joined: 9-Mar-2003
Posts: 99
From: Somewhere near Clermont-Ferrand - France

@tonyw

Nope 2K means 2000 = two thousands, so 2K4 = Two thousands and four so 2004

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


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Jean-François "voxel" Bachelet, Amiga NUTS since 1985.
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voxel 
Re: That Amiga/Thendic courtcase in full
Posted on 28-Feb-2004 17:03:19
#34 ]
Member
Joined: 9-Mar-2003
Posts: 99
From: Somewhere near Clermont-Ferrand - France

@DaveP

Right

At the moment, the french branch of Thendic has been closed for good, just after the Pretory scandal, look likes the boat is sinking, no?.

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


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_Steve_ 
Re: That Amiga/Thendic courtcase in full
Posted on 29-Feb-2004 0:48:51
#35 ]
Team Member
Joined: 17-Oct-2002
Posts: 6807
From: UK

In a nutshell, all Genesi won was the right to have DE on their system, nothing more nothing less.

Quote:
Plaintiffs are entitled to specific performance as requested in the complaint, "integration of Amiga's DE Operating System into Thendic's Pegasos and/or other products in question."


It makes no mention of Amiga OS4 (as Bill Buck implied on slashdot/moobunny), so his claims to have the licence agreemens tbetween Eyetech/AInc, and Hyperion/AInc nullified, and to then enforce the porting of AOS4 upwards to the Pegasos are unfounded at best.


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Anonymous 
Re: That Amiga/Thendic courtcase in full
Posted on 29-Feb-2004 15:24:17
# ]



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


I have little doubt AmigaDE is worth absolutely nothing to Genesi. If said product ever was ported to the Pegasos I'd dare say Genesi would never release it anyway.

However. a court case aimed at draining money out of Amiga, Inc and bringing it to it's knees followed by an attempt to force Amiga, Inc to spend months pointlessly porting a product at their own expense that will ultimately never get released by Genesi anyway is probably worth a small fortune to the lying, dishonorable, scumbag that is Genesi and Co.

 
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