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      /  Itec steps forward in the Big Apple
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umisef 
Itec steps forward in the Big Apple
Posted on 11-Jul-2007 1:30:25
#1 ]
Super Member
Joined: 19-Jun-2005
Posts: 1704
From: Melbourne, Australia

In a wholly unexpected move (by some...), Itec has decided to sue Hyperion, alleging that what Hyperion has been arguing in its case with the current incarnation of Amiga Inc is true, then Itec has a perfectly good written and signed contract, as an unrelated third party, which gives them the right to buy Hyperion's rights, title and interest in OS4 for the princely sum of $25,000, and that having tendered said sum not once, but twice, they are still faced with Hyperion's failure to deliver.
And of course that perfectly good contract not having a jurisdiction clause, they are suing in New York.

Response to joining motion (in short "nope, we don't think so")

Declaration containing as an exhibit the NY complaint

As for anyone hoping for the legal mess to be solved quickly, a choice quote from the NY suit: "the Amiga Litigation will likely take years and be an enormously expensive litigation to resolve".

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tomazkid 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 2:21:50
#2 ]
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Joined: 31-Jul-2003
Posts: 11694
From: Kristianstad, Sweden

@umisef

Quote:
As for anyone hoping for the legal mess to be solved quickly, a choice quote from the NY suit: "the Amiga Litigation will likely take years and be an enormously expensive litigation to resolve".


I really hope that won't be the case....



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Rudei 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 2:22:42
#3 ]
Elite Member
Joined: 20-Nov-2002
Posts: 3589
From: Dallas, Texas

Oh joy

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Spectre660 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 2:27:06
#4 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@umisef

Quote:
As for anyone hoping for the legal mess to be solved quickly, a choice quote from the NY suit: "the Amiga Litigation will likely take years and be an enormously expensive litigation to resolve".


Indeed a Lawyers Feeding frenzy.

Looks like Amiga D may be losing on the the Washington front and are trying a dirty one on the New York Front.What a bunch of scum.

Bets are on.

I think that the Judge will join ITEC LLC in the Washington Suit.

The New York Case probably won't work. the secured creditor argument from Amiga W/ITEC is going to sink it as an unrelated transaction.
:

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syrtran 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 2:38:52
#5 ]
Cult Member
Joined: 27-Apr-2003
Posts: 835
From: Farther upstate than Upstate NY

@Spectre660

Quote:
Looks like Amiga D may be losing on the the Washington front and are trying a dirty one on the New York Front.What a bunch of scum.

More likely, Pentti is more than a little upset with Evert and is hitting him from two sides.

Quote:
Bets are on.

I bet Kouri Capital has got lots more money than The Two Guys From Belgium.

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Spectre660 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 2:47:10
#6 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@syrtran

Quote:
More likely, Pentti is more than a little upset with Evert and is hitting him from two sides.


Still missing is the Amiga (W)/ITEC LLC transfer documents.
Same ole weak point. we will see if the judge Joins them in the Washington Suit.


Quote:
I bet Kouri Capital has got lots more money than The Two Guys From Belgium.


I think that Kouri Capital's karma is to end its days broke. Money slips through those hands like sand through fingers

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redfox 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 2:57:24
#7 ]
Elite Member
Joined: 7-Mar-2003
Posts: 2048
From: Canada

damn ...

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syrtran 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 3:35:58
#8 ]
Cult Member
Joined: 27-Apr-2003
Posts: 835
From: Farther upstate than Upstate NY

@Spectre660

Quote:

Spectre660 wrote:
Still missing is the Amiga (W)/ITEC LLC transfer documents.
Same ole weak point. we will see if the judge Joins them in the Washington Suit.

All the documentation submitted so far has been directed towards the preliminary injunction (which IMO, AInc had no chance of winning, anyway). The documentation for the actual claims and counterclaims will probably be seen when the discovery phase is over. Will we see the transfer then? I don't know, but, if not, score 1 for Hyperion, if we do, the trial takes longer, as Hyperion will need to argue the legality of the document.

Quote:
I think that Kouri Capital's karma is to end its days broke. Money slips through those hands like sand through fingers

And, yet, it still has money, more money than Hyperion gets from selling Amiga, Mac and Linux ports of old Windows games. If Kouri outlasts Hyperion, the court cases won't matter. That's what I think this lawsuit is - Kouri trying to make Hyperion insolvent.

Also, I don't know whether the NY judge is or is not able to allow the Washington courts to have precedence in this case. They might, but Itec has always been listed as a NY company.

I'm not sure where you're from or if you are aware, but US states each have their own legal jurisdiction. They are separate legal entities, not bound together into one big court system. (This makes it interesting when a person has committed crimes in several states)

Edit - maybe I should recognize that these procedings are in US District court - a Federal entity! Ignore the last two paragraphs

Last edited by syrtran on 11-Jul-2007 at 03:39 AM.

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gary_c 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 5:41:21
#9 ]
Cult Member
Joined: 1-Mar-2004
Posts: 874
From: Chiba, Japan

@umisef

I suggest a better venue than the courts to resolve these disputes: Stage One -- tag team wrestling, with the main players on each side taking part. Stage Two (bonus round) -- a quiz show in which the players compete to give the best explanation of why the IP in dispute is worth fighting over.

Probably just as much logic/justice involved as in the judicial proceedings, and the positive and negative factors of each side would be much more transparent
(perhaps shockingly so), to the benefit of forum participants.

Money saved by firing all the lawyers would go to charity and/or paying project volunteers.

-- gary_c

Last edited by gary_c on 11-Jul-2007 at 05:49 AM.
Last edited by gary_c on 11-Jul-2007 at 05:45 AM.
Last edited by gary_c on 11-Jul-2007 at 05:42 AM.

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The_Editor 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 6:38:13
#10 ]
Elite Member
Joined: 7-Mar-2003
Posts: 7629
From: 192.168.0.02 ..Pederburgh .. Iceni

@redfox

Time to unleash the hounds of hell ?

Don't suppose the one that dobbed a.Inc to Seattle Times wants to do the same again with the CIA ?

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ikir 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 6:45:34
#11 ]
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Joined: 18-Dec-2002
Posts: 5647
From: Italy

@umisef

Amiga is really cursed

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Manu 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 6:55:15
#12 ]
Super Member
Joined: 4-Feb-2004
Posts: 1561
From: Unknown

@umisef
Quote:
As for anyone hoping for the legal mess to be solved quickly, a choice quote from the NY suit: "the Amiga Litigation will likely take years and be an enormously expensive litigation to resolve".


Doesn't bother me anymore. My next Amiga like computer
will come with MorphOS, thank you.

Hyperion and Amiga Inc blew it. (Not that there is any money in the market in it's
current form anyway.)

Go Hyperion, Go !!
Go, Amiga inc. Go !!



PS. Good news just around the corner

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Amigo1 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 9:18:48
#13 ]
Super Member
Joined: 24-Jun-2004
Posts: 1582
From: the Clouds

@Manu

a pity the (ehm..potentially)-OS4 platform is loosing you.
but it looks like Amiga Inc. was heading to dissolve the
community anyway.
They shurely do not give a dime for the 2000 people
or whatever big community. I'm sure with the right marketing
and money it's possible to resurect Amiga even without "us".

Did Amiga Inc really do anything (beside letting Hyperion
develop OS4 and hiring Eytech to do the A1) to save Amiga?
Lately I have the impression mcbill was just hired to bury
Amiga. Maybe they all know eachother and this is all a big
money-washing mashine for pentyy whom is the "owner of finland"
and has "other roles in his life" like "creaing wealth" for the
lawyers, since he has the ability to do it. And if he wastes and
looses all his money with this amiga-thing, he "can earn it back in
multiples".

so no worries.

But maybe a bounty for the ones of us which like Hyperion to
help them out or pay the OS4-developers. The latter at least
deserve it. Would such a bounty be possible anyway?

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Spectre660 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 10:17:31
#14 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@syrtran

Quote:
All the documentation submitted so far has been directed towards the preliminary injunction (which IMO, AInc had no chance of winning, anyway). The documentation for the actual claims and counterclaims will probably be seen when the discovery phase is over. Will we see the transfer then? I don't know, but, if not, score 1 for Hyperion, if we do, the trial takes longer, as Hyperion will need to argue the legality of the document.


One reason that the Amiga D Injuction was not granted was lack of the same documentation.You would think that ITEC would produce it in their suit in
light of this.
Also the "Insiders of Amiga Washington were also the Insiders of ITEC" acusation may rain on their New York parade.

Last edited by Spectre660 on 11-Jul-2007 at 10:17 AM.

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Swoop 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 10:43:35
#15 ]
Elite Member
Joined: 20-Jun-2003
Posts: 2159
From: Long Riston, East Yorkshire

@all

I didn't get a reply when I posted a comment in the other thread, when it was posted about the possibility of a second court case.

If Itec are using the Nov 2001 agreement/contract, Hyperion agrees to the legal jurisdiction of the Washington/Seatle Courts, and as Hyperion is a Belgium based company, can they be sued in a New york court, or would this have to be done in a Belgium court?

Sorry to repeat myself, but as it is stated in the contract where legal disputes are given jurisdiction, can Itec shange that ate there own whim?

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smithy 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 10:45:00
#16 ]
Regular Member
Joined: 28-Aug-2003
Posts: 364
From: Newcastle

This is interesting.

Basically then, Amiga D have conceded. Will Hyperion then get the legal fees? Or will Amiga D string it out til the end?

Will Hyperion have to use a new lawyer in New York? (shame, cos their lawyer is really good - maybe Kouri is trying to escape from their lawyer!)

Does Amiga D now have any purpose in life? Will it be shut down now?

Is Itec99 the same as Itec03? How did it survive the Kouri Capital bankruptcy?

This is turning very nasty....

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Cool_amigaN 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 10:51:23
#17 ]
Super Member
Joined: 6-Oct-2006
Posts: 1220
From: Athens/Greece

I can’t follow the strategy of Amiga Inc. & Itec (which for me are the entity).
I think that whatever Amiga had to show off in the case has seen the light already.
Also, I am sure Hyperion will make the same claims.
We are just losing more time in lawsuits instead of using our amigas..

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wolfe 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 11:02:37
#18 ]
Super Member
Joined: 18-Aug-2003
Posts: 1283
From: Under The Moon - Howling in the Blue Grass

@Swoop

Most likely they will start a seperate case in Washington. Which the same lawyer can be used, but conflicts of court dates can help to drag this out longer.

This is (as I mentioned in other threads) going to end up a M$ style lawsuit, $ $ $ = winner.

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wolfe 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 11:04:55
#19 ]
Super Member
Joined: 18-Aug-2003
Posts: 1283
From: Under The Moon - Howling in the Blue Grass

@smithy

Quote:

smithy wrote:
This is interesting.

Basically then, Amiga D have conceded. Will Hyperion then get the legal fees? Or will Amiga D string it out til the end?


IMO - yes

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The_Editor 
Re: Itec steps forward in the Big Apple
Posted on 11-Jul-2007 11:46:09
#20 ]
Elite Member
Joined: 7-Mar-2003
Posts: 7629
From: 192.168.0.02 ..Pederburgh .. Iceni

@wolfe

Which surely has serious implications on the Kent Centre Sponsorship deal ?

Is the contract they made ... Now Null & Void ?

Well... I guess that gets them off the "Outgoings" hook. They can now blame lack of funds down to the court case.

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