I'm still reading through some of the pdfs of all this, and something on page 37 of the oral arguments transcript seems odd. One of the complaints Amiga had against Hyperion is that they sold or released or however distributed OS4 to the Eyetech AmigaOne, which is not the Escena designed AmigaOne from the original contract. Yet here are Amiga's lawyers saying that Eyetech is not in breach of the contract and their terms continue on in force, only the Hyperion terms are terminated. Why would they wish or agree to continue the contract in terms of Eyetech if they are a party to selling unlicensed hardware for OS4? Weird... I was curious how that part of Amiga's argument would work out, but it seems they completely ignored it for his injunction stuff. Maybe we'll see more in the actual trial.
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