I wonder if Tig is aware that the "leaked fax" of the Amiga/KMOS deal is part of The Hyperion VS Amino Complaint ?

Last edited by Spectre660 on 07-Nov-2007 at 12:25 AM.

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@Spectre660

Quote:

I wonder if Tig is aware that the "leaked fax" of the Amiga/KMOS deal is part of The Hyperion VS Amino Complaint ?

I am sure he isn't --- because *it* isn't.

What ever gave you that idea? The included documents are (a) three listings for Amiga(W)/Amino's business number, taken at different times, and (b) Hyperion's version of the OS4 contract (once again without any initials from anyone but Ben himself). That's it.

@umisef


You and Mr 10-0 are on a slippery slope.Be careful.
Watch out for the Warranty claims that mr 10-0 can't see.

The Hyperion vs Amino complaint pdf(1) : page 4: lines 22-26.

These lines are different (More info) from anything in the Amiga Inc vs Hyperion counter claims.the info is taken from the Amiga/Kmos fax image
that was the subject of an earlier thread. It is not submitted as an exhibit though.

(Thank you for pointing me to the location of the PDF)

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@COBRA

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As I explained before it's irrelevant whether they were already in breach of the contract when they signed it, of if they breached it later. Btw look here, it's quite clear that you either get $100 off the price of an AmigaOne, or you get a free copy of AmigaOS 4.0 and 4.2.

2. I have here in front of me the offer included in the party pack. It states:

To select which component of the free offer you would like, please send email to [a probably no longer valid email address] or call [a US phone number]. Include your Invoice Number, Name, Shipping Address (cannot be a post office box), phone number, and your choice of either the Amiga OS 4.0/4.2 upgrade or a $100 Coupon toward the purchase of an AmigaOne Computer

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People who generalize are always wrong.


1989 - 500 / 1991 - 3000 / 1997 - Genesis Flyer 1200T / 2003 - A1XE

@umisef

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Which is all fine and dandy, but Hyperion doesn't say "they sold coupons and thus breached the contract", Hyperion says "they sold coupons and thus caused us quantifiable monetary damage, which makes us a creditor".

True, they talk about the consequence of Amiga Inc. breaching the contract.

Quote:

Because Hyperion has this great track record of paying back money to people who thought they paid for something, but then didn't receive that something, right?

If you refer to the $25k, you do know that 1. Itec did not pay in full, 2. AInc did owe them money for previous work and the Arctic work, the money Hyperion kept was for that and not the buyin, 3. When Itec did pay $25k in full they return the money. I'm confident that Hyperion would honour the coupons/packs if they received that money instead of AInc.

Quote:

So you are suggesting that in November 2001, Hyperion signed a contract with Amiga Inc which Amiga Inc was in breach of the moment they signed it

It's nothing new, they breached several clauses the moment they signed it, including the one in which they warrant to own all rights/IP/source of AmigaOS including 3.5 and 3.9.

Quote:

and now, literally 6 years later, they want to benefit from that?

Since they have been attempting to resolve it, and AInc stonewalled their attempts to get it resolved (in which this hiding/transferring of assets game has a big part to play), the fact that they discovered that Amino still function means it's their first opportunity after several years to get it resolved via court. Considering that 2 companies claim rights which appear to be the rights of a 3rd company who have been hiding for years, I doubt that anyone could successfully argue that it's Hyperion's fault that they did not get these things resolved until now, especially since Hyperion has been trying to resolve it internally with AInc for years now.

@COBRA, TIGGER, OTHERS DISCUSSING LAWSUIT

You guys should start your own website, and make sure it get's a place in the amiga history books. If you browse through AW - you can take your own material regarding lawsuit and fill up a GRAND website.

Heck your discussion is almost as intriguing as the real lawsuit.

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@syrtran

Quote:

It most certainly is relevant whether the coupon offer was before or after the signing. It's damned difficult to be in breach of a contract that doesn't exist. Contracts don't exist until they're signed.

Nobody said that Amiga Inc. breached the contract before they signed it. I said they breached it the moment they signed it, because they made claims in that contract whcih were not true (e.g. warrant of ownership of 3.5/3.9 IP) and the moment they signed it they gave Hyperion/Eyetech exclusive rights to market and distribute OS4, which means if AInc have been doing any marketing for OS4, by signing the contract they agreed for Hyperion/Eyetech to take over in that area, handing over any current marketing activities/responsibilities, which AInc failed to do. Because they gave the exclusive rights away, AInc. would not even have the right to promote OS4 on their website without Hyperion's permission.

@Tigger

Quote:

Tigger wrote: @COBRA ... and $50 on the Amiga contest, which eventually became sCAM ...

Could you explain this a little bit more detailed, please?

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Dandy
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If someone enjoys marching to military music, then I already despise him.
He got his brain accidently - the bone marrow in his back would have been sufficient for him!
(Albert Einstein)

@Tigger

Quote:

Tigger wrote: @COBRA ... No, the contract is not a three party contract as several of us have pointed out, its a two party contract with Eyetech and Hyperion as a one of the parties that are in fact called the AmigaOne Partners. ...

Yes, you repeatedly stated that - but we are still waiting for a proof for your allegetion.

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Dandy
__________________________________________
If someone enjoys marching to military music, then I already despise him.
He got his brain accidently - the bone marrow in his back would have been sufficient for him!
(Albert Einstein)

@Tigger

Quote:

Tigger wrote: @COBRA ... in accordance with the 2001 contract between Hyperion, Eyetech and Amiga ...

Thanks for promptly delivering the evidence to support my POV that this is a three party contract.

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Ciao

Dandy
__________________________________________
If someone enjoys marching to military music, then I already despise him.
He got his brain accidently - the bone marrow in his back would have been sufficient for him!
(Albert Einstein)

@Tigger

Quote:

Tigger wrote: @COBRA ... Quote: Wrong again. The term "AmigaOne partners" is a collective term used to refer to the two companies Hyperion and Eyetech collectively, for simplifying the contract, it does not make the two companies a single legal entity, and all 3 companies are listed seperately in the beginning of the contract, Actually if you look at the first page it says it is a contract "by and between 1) Amiga Inc ... and 2) Hyperion VOF 3) Eyetech Group Ltd which is a two party contract, notice the one not two ands.

Hey man - the parties to the contract are even numbered - can't you count/read up to "3" - or what's your problem here with accepting that it's a three party contract?

It's clearly stated there that the contract is by and between 1) , 2) and 3)!

_________________
Ciao

Dandy
__________________________________________
If someone enjoys marching to military music, then I already despise him.
He got his brain accidently - the bone marrow in his back would have been sufficient for him!
(Albert Einstein)

@COBRA

Quote:

Quote: So you are suggesting that in November 2001, Hyperion signed a contract with Amiga Inc which Amiga Inc was in breach of the moment they signed it It's nothing new, they breached several clauses the moment they signed it, including the one in which they warrant to own all rights/IP/source of AmigaOS including 3.5 and 3.9.

But with those, Hyperion can at least *claim* that they believed it.(1) Trust me, figuring out who owns what IP in Amiga land is quite difficult.

Saying that they were not aware of AI having sold party packs would be... how to put it.... monumentally stupid, maybe?


(1) Of course, we all know that Hyperion knew damn well H&P was not going to play ball, was in conflict with AI, and that AI did not have complete source to 3.9. However, it would be hard for anyone to *prove* that. Unlike their knowledge of the party packs...

@COBRA

Quote:

If you refer to the $25k, you do know that 1. Itec did not pay in full, 2. AInc did owe them money for previous work and the Arctic work, the money Hyperion kept was for that and not the buyin, 3. When Itec did pay $25k in full they return the money.

(1) They paid $24,750, plus two more payments afterwards. That money is still with Hyperion, despite Hyperions strong claims that there is absolutely no reason for them to have received that money in the first place.

(2) Hyperion did issue a *receipt* for $22,500 (really $22,250) of the money *explicitly stating* that it was received for the buy-in clause. Also, while you keep saying that AI owed for the Arctic work, looking at the Arctic contract makes it quite clear that it's a "pay first, work when paid" arrangement. There is no way any debt could result from that contract.

(3) Hyperion refused to accept the payment from Itec. Pity they didn't do that to any of the earlier payments, instead asking for more money whenever pressed....

@Dandy

Quote:

Dandy wrote: @Tigger Quote: Tigger wrote: @COBRA ... and $50 on the Amiga contest, which eventually became sCAM ... Could you explain this a little bit more detailed, please?

For $50 you got an entry into the drawing for a free AmigaOne, a T-Shirt, Membership in CAM and $50 towards the purchase of OS 4.0 or an AmigaOne. Obviously that isnt a money making proposition for AI (unless they dont honor the coupons which they never sent out) because you are getting more then $50 worth of merchandise back. Or is that not what you were asking about?
-Tig

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@Dandy

Quote:

Dandy wrote: Hey man - the parties to the contract are even numbered - can't you count/read up to "3" - or what's your problem here with accepting that it's a three party contract? It's clearly stated there that the contract is by and between 1) , 2) and 3)!

No its a two party contract between 3 companies, I realize its a nuance that may be hard to understand, but the contract is a two party contract between 3 companies. Hyperion and Eyetech are treated as a single party in the contract.
-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.

@umisef

Quote:

umisef wrote: @COBRA Quote: However you can't deny that Amiga Inc. did make money on OS4 which they were not allowed to do under the OS4 contract, Which is all fine and dandy, but Hyperion doesn't say "they sold coupons and thus breached the contract", Hyperion says "they sold coupons and thus caused us quantifiable monetary damage, which makes us a creditor". They also promise to prove the damages at trial time, which should be most interesting...

Thanks for that, you said it much better then I did.
-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.

@Spectre660

Quote:

Spectre660 wrote: @umisef You and Mr 10-0 are on a slippery slope.Be careful. Watch out for the Warranty claims that mr 10-0 can't see. The Hyperion vs Amino complaint pdf(1) : page 4: lines 22-26. These lines are different (More info) from anything in the Amiga Inc vs Hyperion counter claims.the info is taken from the Amiga/Kmos fax image that was the subject of an earlier thread. It is not submitted as an exhibit though.

The problem is the document hasnt been verified, and the document doesnt help Hyperion as we talked about before. The Document shows KMOS paying a huge amount for the trademarks in 2004 (more then they are worth according to several on hear arguing about it) more then enough to cover any debts we know Amiga (which becomes Amino after this document) has accrued. In addition its about an incident on Aug 30, 2004, Hyperion sold the OS on April 24, 2003 to Itec, what Amino does after that doesnt matter.
-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.

@umisef

Quote:

(3) Hyperion refused to accept the payment from Itec. Pity they didn't do that to any of the earlier payments, instead asking for more money whenever pressed....

Allow me to comment.

The Warrant Breach claim of Hyperion puts an UNRESOLVED Amount due to Hyperion from Amiga Inc NOW (after the Suit had been filed).

It has spliced it in to the whole argument so it appears in the sequence of money due BEFORE the 25,000.00 buy back can be invoked in the chain of events as interpreted by following the contract.

This is how it will be interpreted in the context of the lawsuits..

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@Dandy

Quote:

Dandy wrote: @Tigger Quote: Tigger wrote: @COBRA ... No, the contract is not a three party contract as several of us have pointed out, its a two party contract with Eyetech and Hyperion as a one of the parties that are in fact called the AmigaOne Partners. ... Yes, you repeatedly stated that - but we are still waiting for a proof for your allegetion.

Two Party Contracts

-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.

@Tigger

It is not submitted but details are used in the complaint.
The issue is to do with their financial state as mentioned in the fax.
Another document not submitted in the Amino complaint (from Garry Hare vs Amiga Inc
show KMOS buying shares in AMINO in 2004 but still controlling how the money for those shares can be used by Amino. Tune in later to see what happen with this line.

You are so consumed by the desire to be right that you seem to have a problem
seeing clearly.
NOTHING helps Hyperion as far as you see.

AMIGA INC are being SLAUGHTERED in the courts.

Open your eyes man.

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