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      /  Hyperion VOF v. Amino Development Corporation
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Jethro_Tull 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 4-Nov-2007 20:14:59
#21 ]
New Member
Joined: 3-Jan-2006
Posts: 7
From: Unknown

Hello,
dosen't anyone round here ever say enough's enough? I mean, we've followed this senile soap opera for bloody years. It used to be interesting, then amusing, then mildly annoying but now simply insane. All these lawsuits, all this trouble and all this time wasted for what? A barebones OS which dosen't have any worthwhile applications running on it.

Guys, I know the yadda yadda speak, this is a hobby platform, etc etc. Someone made a good analogy of comparing the Amiga (and other retro platforms) to old cars, some people enjoy driving them as a hobby, even though they're not worthwhile as a normal vehicle. But hey, does your vintage / old car stay for years in the garage, enduring lawsuits, legal troubles, crooks and buffoons (yes I'm referring to Bill and ACK) and endless vapourware?

Personally, I only have one life to live, and although I do cherish my hobbies, and consider the Amiga to be a hobby, I'm not going to endure small insignificant companies slugging it out for ages and then fork out my hard earned dosh for something which is already insignificant now, let alone when (if) this whole mess settles down. To the Lemmings still waiting on a cliff's edge for Hyperion / Amiga Inc signal to jump, well, good luck!

So I'll just raise my middle finger to the idiotic companies et all which populate the Amiga universe, I'm back to using my shiny new OS X Leopard, to edit my home videos, surf the internet and listen to my music, and of course play Amiga games in E-UAE!

Cheerio, Jethro Tull

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peroxidechicken 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 4-Nov-2007 20:53:14
#22 ]
Regular Member
Joined: 2-Aug-2006
Posts: 178
From: Queensland, Australia

I couldn't agree more. Except I don't have such a capable laptop.

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NomadOfNorad 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 4-Nov-2007 21:19:36
#23 ]
Cult Member
Joined: 2-Jun-2003
Posts: 750
From: Jacksonville, Florida, USA, Earth, Sol system, Milky Way galaxy

@Hans

Quote:

Hans wrote:
@number6

So "Amiga Inc" (more likely it's investors) have started three lawsuits against Hyperion over essentially the same thing by three different companies owned by the same investors. Do they not even realise how dodgy that looks?

BTW, didn't they officially close Amiga Inc. Washington (a.k.a. Amino)? This just makes it look more and more like the investors have been playing little tax/debt evasion games.

Hans


Well, I'll repeat what I just said over on IRC upon seeing this thread:

Grrr... three similar lawsuits from three different owned-by-the-same-group-of-goons companies? The needle on their bogussity-peter just utterly wrapped itself around the pin!

And the needle on their chutzpa-meter, too!

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mike 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 4-Nov-2007 21:45:51
#24 ]
Regular Member
Joined: 31-Jul-2007
Posts: 406
From: Alpha Centauri

An armed revolution seems all the more tempting for each day that goes by.

_________________
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,,,
(Oo)
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Couldn't care less what other people think, seeing that there's concrete evidence they don't.

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Tigger 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 4-Nov-2007 22:22:43
#25 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@NomadOfNorad

Quote:

NomadOfNorad wrote:

Well, I'll repeat what I just said over on IRC upon seeing this thread:

Grrr... three similar lawsuits from three different owned-by-the-same-group-of-goons companies? The needle on their bogussity-peter just utterly wrapped itself around the pin!

And the needle on their chutzpa-meter, too!


You dont seem to understand that this is Hyperion sueing Amino Inc, not the other way around.
-Tig

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ChrisH 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 4-Nov-2007 22:47:31
#26 ]
Elite Member
Joined: 30-Jan-2005
Posts: 6679
From: Unknown

@Tigger
Although (as someone else said) I guess this is a sensible pre-emptive move on Hyperion's part, since discovering that Amiga Inc #1/Washington/Amino isn't truely dead (and might even be revived if Amiga Inc #2/Delaware/KMOS is ruled to not have legally received ownership of OS4). So it's really just Hyperion's response to Amiga Inc's legal loop-hole jumping noises.

And just remember: The cake is a lie.

Last edited by ChrisH on 04-Nov-2007 at 10:48 PM.

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It is pitch black. You are likely to be eaten by a grue...

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umisef 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 4-Nov-2007 23:18:23
#27 ]
Super Member
Joined: 19-Jun-2005
Posts: 1714
From: Melbourne, Australia

@Jethro_Tull

Quote:
But hey, does your vintage / old car stay for years in the garage, enduring lawsuits, legal troubles, crooks and buffoons (yes I'm referring to Bill and ACK) and endless vapourware?


Nope. In fact, my old car just got a brand new motor installed in 2 working days flat :)

Quote:
I'm back to using my shiny new OS X Leopard,


I love what they have done with the search feature in Safari... Hate the "this is active" blob in the new dock, though...


Ah, the case --- same old same old, presented worse than ever. I guess Hyperion no longer believes in claiming the moral high ground regarding "delaying tactics" and "two bites at the apple" about the NY case...

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Jethro_Tull 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 4-Nov-2007 23:38:05
#28 ]
New Member
Joined: 3-Jan-2006
Posts: 7
From: Unknown

@umisef

Thanks for the reply umisef! Thought the old car analogy was really fitting for the Amiga scene! Indeed I have an old Fiesta MkIII which I can't bear selling. With a 18HP Turbo Diesel engine (which I just re manufactured) it literally flies. Ford Fiesta parts are available very cheaply over here, so even though it's a very old car, it's certainly not a problem keeping it in good shape!

As regards Leopard, I switched to a smoked glass look, as I found the default dock way too flashy. It's really an amazing OS for old school folks, it has a wonderfully efficient and awesome looking GUI and is clean and easy to modify and hack as it's UNIX based. Just like the Amiga was in it's time! Also, although Time Machine looks like a flashy gimmick, it's already earned it's keep by allowing me to retrieve a previous revision of a proposal I was working on virtually instantly.

Again, thanks for the reply Umisef!

Cheerio, Jethro TullQuote:

umisef wrote:
@Jethro_Tull

Quote:
But hey, does your vintage / old car stay for years in the garage, enduring lawsuits, legal troubles, crooks and buffoons (yes I'm referring to Bill and ACK) and endless vapourware?


Nope. In fact, my old car just got a brand new motor installed in 2 working days flat :)

Quote:
I'm back to using my shiny new OS X Leopard,


I love what they have done with the search feature in Safari... Hate the "this is active" blob in the new dock, though...


Ah, the case --- same old same old, presented worse than ever. I guess Hyperion no longer believes in claiming the moral high ground regarding "delaying tactics" and "two bites at the apple" about the NY case...

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NomadOfNorad 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 1:20:59
#29 ]
Cult Member
Joined: 2-Jun-2003
Posts: 750
From: Jacksonville, Florida, USA, Earth, Sol system, Milky Way galaxy

@Tigger

Yeah, I saw that... after I posted the above reply to Hans. Went to the linked thread at Amigans.org and discovered this was actually about a new countersuit from Hyperion.... which I don't have a problem with. So where did the idea this was three lawsuits from Amiga Inc come from that Hans was talking about? Certainly not from that discussion on Amigans.org!

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umisef 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 9:51:52
#30 ]
Super Member
Joined: 19-Jun-2005
Posts: 1714
From: Melbourne, Australia

@NomadOfNorad

Quote:
discovered this was actually about a new countersuit from Hyperion.... which I don't have a problem with.


If this is "a new countersuit", then I guess Itec's NY suit was a "counter counter suit"?

This is a brand new suit alleging the exact same things as their already existing countersuit, in the same jurisdiction, but with a different judge assigned. Go figure.

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AmigaBlitter 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 10:00:11
#31 ]
Elite Member
Joined: 26-Sep-2005
Posts: 3513
From: Unknown

@umisef

Can we start a lawsuit to sue those suit?

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mike 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 10:29:51
#32 ]
Regular Member
Joined: 31-Jul-2007
Posts: 406
From: Alpha Centauri

@AmigaBlitter

Well actually we could sue the counter counter suite for not suing the suite which sued the counter suite which in turn might theoretically lead to a preemptive strike from the suite suite, but that might lead to a war in iran and we dont want that... But suing for the $90,000 dollars 900 users gave amiga a few years ago to receive a copy or a discount on os4 is a possibility...

_________________
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Couldn't care less what other people think, seeing that there's concrete evidence they don't.

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Cool_amigaN 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 10:31:30
#33 ]
Super Member
Joined: 6-Oct-2006
Posts: 1227
From: Athens/Greece

@AmigaBlitter

Sue you all!

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OldFart 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 10:38:15
#34 ]
Elite Member
Joined: 12-Sep-2004
Posts: 3062
From: Stad; en d'r is moar ain stad en da's Stad. Makkelk zat!

@Cool_amigaN

Quote:
Sue you all!

Where's Sue? Seen Sue, Sir? Sue is allways out when you most need her! I'll sue Sue one day!

OldFart

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AmigaBlitter 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 10:57:07
#35 ]
Elite Member
Joined: 26-Sep-2005
Posts: 3513
From: Unknown

@mike



We are going to regress, dudes....

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Spectre660 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 11:02:34
#36 ]
Elite Member
Joined: 5-Jun-2005
Posts: 3918
From: Unknown

@umisef

Quote:
This is a brand new suit alleging the exact same things as their already existing countersuit, in the same jurisdiction, but with a different judge assigned. Go figure.


I have not seen the document yet but is this not a way to add Amiga(W)(now semingly re re-named Amino) into the mix of things ? (OS 3.9 Warranty claims)
Amiga(D)'s own lawyers set this up with their "Amiga(W) not insolvent" argument.




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Tigger 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 13:03:00
#37 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@Spectre660

Quote:

Spectre660 wrote:

I have not seen the document yet but is this not a way to add Amiga(W)(now semingly re re-named Amino) into the mix of things ? (OS 3.9 Warranty claims)


No, (though I'm interesting it hearing why you think Amino (not H&P) would be responsible for such claims), its all about the Nov 3, 2001 contract, and Hyperion wanting to claim the insolvency clause has been in effect for years and thus they have a license for the OS and the buyback has not been carried out.

Quote:

Amiga(D)'s own lawyers set this up with their "Amiga(W) not insolvent" argument.


First of the A(D)'s lawyers are correct, secondly they didnt start the arguement, Hyperion did, after claiming since fall of 2003 that AI(W) wasnt insolvent (in the Thendic vs AI(W) trial), after dealing with first Itec, then KMOS and AI(D) as a successor after taking over 6 years and still not delivering OS 4 for the Classic PPC systems against the original 5 month schedule, Hyperion says oh AI(W) was insolvent back in April 2003, we just found out about it and so everything since that didnt happen. The judge is going to throw out this new case, because it deals with the exact same 2001 contract as the other case in washington and both judges are going to take a dim view of Hyperion forum shopping the case.
-Tig

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Hans 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 13:41:25
#38 ]
Elite Member
Joined: 27-Dec-2003
Posts: 5067
From: New Zealand

@NomadOfNorad

Quote:

NomadOfNorad wrote:
@Tigger

Yeah, I saw that... after I posted the above reply to Hans. Went to the linked thread at Amigans.org and discovered this was actually about a new countersuit from Hyperion.... which I don't have a problem with. So where did the idea this was three lawsuits from Amiga Inc come from that Hans was talking about? Certainly not from that discussion on Amigans.org!



My mistake. That's what happens when you skip over things and don't read them properly. I haven't even read the discussions on amigans.net. This may be Hyperion's attempt to speed things up, as Amiga Inc.'s investors would probably have sued them via Amino if the other two court cases didn't go in their favour. Still, three court cases about the same thing involving three different companies owned by the same people looks bad, no matter which side of the court-room they're on.

What I would like to know is how Amino can transfer assets to a new company that renames itself to Amiga Inc., allowing them to keep going without having to pay debts, but then still exist. Surely if Amino still exists then it still owes people a lot of money?

Hans

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Hans 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 13:47:40
#39 ]
Elite Member
Joined: 27-Dec-2003
Posts: 5067
From: New Zealand

@Cool_amigaN

I'll sue ya!.

Hans

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umisef 
Re: Hyperion VOF v. Amino Development Corporation
Posted on 5-Nov-2007 14:01:55
#40 ]
Super Member
Joined: 19-Jun-2005
Posts: 1714
From: Melbourne, Australia

@mike

Quote:
But suing for the $90,000 dollars 900 users gave amiga a few years ago to receive a copy or a discount on os4 is a possibility...


Which is actually an interesting point --- are Hyperion also claiming that they were unaware of the party packs when they entered the 2001 contract? The party packs which predate that contract by quite some time....

I find it hard to imagine how one would sue over a breach of contract regarding actions which took place long before the contract was even negotiated. But then, my impression of the whole complaint is that it is riddled with snow-jobs, so what's one more?

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