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News   News : Amiga vs Thendic Update: Amiga is Back!
   posted by samface on 16-Mar-2004 4:54:36 (11394 reads)
Amiga Inc. has returned to the court, backed up with legal representation, new evidence and testimonies.

Update: Judge Robert S. Lasnik has replied to a motion (49) by Plaintiff Thendic Electronics Components to modify the order, granting specific performance. The judge denied extention of the License Agreement to include other operating systems other than the AmigaDE.

Update: MOTION for Relief from Judgment by Defendant Amiga Inc. Entered: 03/19/2004


With these resources, the defendant Amiga Inc. has managed to come up with a response to plaintiff's motion to modify order granting specific performance and no less than six declarations!

Among the names of those who have filed a declaration are:
Barrie J. Moss AKA "Fleecy" (Amiga Inc.), Evert Carton (Hyperion), Garry Hare (KMOS), Ray A. Akey (Amiga Inc.) and Bill McEwen (Amiga Inc.).

Notably, Ray A. Akey filed 11 new exhibits (exhibit A-J) along with his declaration, which are recurringly refered to throughout the defendant's response and declarations.

You can read all about it here:
http://www.mindrelease.net/amiga-thendic
    

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PosterThread
The_Editor 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 5:37:23
#1 ]
Elite Member
Joined: 7-Mar-2003
Posts: 7626
From: 192.168.0.02 ..Pederburgh .. Iceni

Yowie .. all that seems more than just a "shot across the bows".

AND KMOS !!

This is certainly becoming "interesting" .. Would've been great to have had this announcement at The BIG BASH.. I suspect you would've heard the cheer without the Live Stream !!

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Bodie 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 5:43:09
#2 ]
Super Member
Joined: 9-Jan-2003
Posts: 1438
From: Azjol-Nerub

Very "interesting" indeed

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Hattig 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 5:50:28
#3 ]
Regular Member
Joined: 11-Mar-2003
Posts: 340
From: Cambridge, UK

The content (what I read of it) is quite damning of Bill Buck.

At last, Amiga gets some proper representation and a backbone. I thought that KMOS would be quite keen to get this whole matter wrapped up quickly.

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Billsey 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 5:59:57
#4 ]
Super Member
Joined: 20-May-2003
Posts: 1148
From: Look to where the waters meet in the midst of the land. It is here! St. Louis, Missouri, USA!

I haven't downloaded all of the documents, but from those that I have read, I think this amounts to SMACKDOWN! I just hope the judge sees it that way as well.

<BIAS>
I think Mr. Buck just got hit with a nuclear flyswatter.
</BIAS>

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GregS 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 6:09:46
#5 ]
Super Member
Joined: 28-Apr-2003
Posts: 1797
From: Perth Australia

Good stuff, I just read through the documents given to the court.

Good solid argument, it will be very difficult for Bill Buck to get out of this with much at all. The most surprising thing is that his side tried to vary a court order that was already very generous and this opened the portal for responses outside the 30day time frame -- really not a very smart thing for him to do.

Mind you this is just opening shot stuff from what I can see. Hopefully the poor old judge will revise the ruling on the basis of it and everybody can go home, even Billy (albeit with empty hands). However, the matter raised so far do not exhaust the Amiga side of the argument at all, in fact the heaviest cannons may be sitting in reserve.

I can't believe that Bill Buck apparrently gave in evidence a forged email, in the knowledge that its authanticity had been called into question within hours of it being posted -- this is a very bad thing to be caught doing.

The fact that Bill Buck has shown to a number of people his hand before ligation and during it, is not a smart move, the vexatious litigant is not one much favoured by the courts, that alone could damn his case.

What silliness, I am glad it is being ended in a flourish of well presented and well argued documents -- all short and to the point, all modest in their claims and all according with the facts as I know them -- well done Amiga Inc, KMOS, Hyperion and Tao, well done indeed.

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csirac 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 6:12:03
#6 ]
Regular Member
Joined: 10-Sep-2003
Posts: 333
From: Australia

One of the peices of evidence used by Bill Buck involved an email to John Burgess of Telstra (the Australian government telco) with Fleecy. John Burgess appears to have been something to do with the CEPU (union?) in the '90s, not sure what he does now...

Hmm, what's a Telstra bureaucrat doing with Amiga Inc and how did his email end up as evidence for Bill Buck? Wierd... wake me up when this is all over.

- Paul

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hnl_dk 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 6:12:16
#7 ]
Super Member
Joined: 25-Mar-2003
Posts: 1786
From: Denmark

Great news

May the force be with you all

@ Garry Hare (KMOS)

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choochy 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 6:25:30
#8 ]
Regular Member
Joined: 11-Mar-2003
Posts: 177
From: Adelaide, Australia

Yes. Mr Buck seems to be getting slamed pretty hard by Amiga. I have a good feeling things will work out well for us!

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Hattig 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 6:29:05
#9 ]
Regular Member
Joined: 11-Mar-2003
Posts: 340
From: Cambridge, UK

That "John Burgess" turned out to be Adam Ceremuga, one of the MorphOS crew.

Shame on him.

And shame on Bill Buck for supplying 'evidence' as being true, and thus committing an act of perjury (Re: the faked e-mail that was questioned as to its authenticity immediately).

Bill Buck has been shown to be nothing more than a dishonest, disingenious trickster corporate bully.

From the court document: "At a minimum, Mr. Buck?s conduct was reckless." - the implication is clear here, Mr. Buck deliberately mislead the court, an act of perjury.

Also: "Mr. Buck, apparently acting on behalf of Plaintiffs, has engaged in conduct which is
reckless, misleading and possibly perjury."

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Hattig 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 7:00:27
#10 ]
Regular Member
Joined: 11-Mar-2003
Posts: 340
From: Cambridge, UK

Anyway, how does this alter the previous judgement against Amiga Inc (default judgement) in favour of Thendic?

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Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 7:07:08
# ]



 
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Hattig 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 7:09:39
#12 ]
Regular Member
Joined: 11-Mar-2003
Posts: 340
From: Cambridge, UK

So the original declaration in favour of Thendic / Genesi / or whatever he calls it this month can be overturned / made void (should Amiga Inc. win the appeal)?

So Bill Buck would get nothing but a possible charge of perjury?

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Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 7:16:19
# ]



 
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Hattig 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 7:21:20
#14 ]
Regular Member
Joined: 11-Mar-2003
Posts: 340
From: Cambridge, UK

Would that be being ported to Thendics Windows CE device, as the original agreement was for?

Not Pegasos. Not Genesi.

And only after Amiga Inc. get diagrams / schematics / etc information!

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Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 7:25:50
# ]



 
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csirac 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 7:33:38
#16 ]
Regular Member
Joined: 10-Sep-2003
Posts: 333
From: Australia

@hattig

Yep, I read on and found that Amiga rebutt the "burgess" email:

Quote:
Since Mr. Buck gave no source information for the fabricated Exhibit 2, Amiga will do so. The forged e-mail was oringinally posted on a public board dedicated to open dicussion of topics concerning Amiga on February 25, 2004 at 16:55 GMT. The document was posted under the alias John Burgess. Akey Decl., Exh., D. Later, the true author of the e-mail confessed that it was a forgery and Amiga traced the IP address of teh confessor back to its true owner, Mr. Adam Ceremuga of Brisbane, Australia. Akey Decl.


(show_case_doc_51,16781,,,,1.pdf - pp10)

These docs really do slam Bill Buck (to the point of questioning whether Thendic exists!), I have to say, the blatent misleading of the court (isn't that contempt?) just goes to show his online manner extends to his legal behaviour.

Although I've always had my heart set on an A1, I had not ruled out getting a Peg-II as well (when I can afford it)I, but no longer. I really want nothing to do with Bill Buck...

Okay, back to work...

- Paul

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Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 7:37:39
# ]



Can I remind people to be careful not to make slanderous statements.

 
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CodeSmith 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 7:41:01
#18 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3045
From: USA

Right you are - I bet Bill Buck is regretting having written all that stuff, now that it's being used against him. Don't be in the same situation!

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ikir 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 8:13:16
#19 ]
Elite Member
Joined: 18-Dec-2002
Posts: 5646
From: Italy

Very interesting.... a strategic move

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Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 8:57:37
# ]



Anyone tried sending pizza to the thendic offices yet?

 
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