The Judge has basically ruled that Amiga Delaware have not proven that they have any rights to the OS4.0 Agreement as the Amiga Washington rights were not shown to have been assigned in writing by Amiga Washington,Hyperion and Eyetech to ITEC and then to KMOS. he has added a second level to the Assignment (Itec to KMOS). He has also stated that the legal solvency position and structre of Amiga Washington are unclear at that point in time.
This is a warning to Amiga Delaware that if they can't produce hard assignment documents signed by Amiga Washington,Hyperion and Eyetech then Amiga Delaware have no case.This issue alone will decide if Amiga Delaware continue with this. They have no chance of winning if they cannot show three signatures agreeing to the assignment.
Last edited by Spectre660 on 14-Jun-2007 at 12:34 AM.
_________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card
Joined: 24-Oct-2003 Posts: 3205
From: Maryland, USA
@Punkyclown
Quote:
I am sorry but I do not see where Ainc has lost anything except the right to injunct Hyperion from selling OS4 to an Amigaone computer builder.
Correct. This judge did not decide if Amiga owns OS4 or not, or if Hyperion truely is in breach or anythign like that. This was something Amiga wanted done to prevent Hyperion form doing anything further on the OS4 front until the real trial begins and ends to decide who owns what and all that.
It seems that an injunction is only given if Amiga had an apparently very solid case and a very good chance of winning the real trial. The decision on this injunction is sortof this judge acting like a magic 8 ball toy, but it turns out the answer of how good Amiga's chances of winning the real trial are not a strong yes, it's more in the "hazy" to perhaps "chances are not good" types of Magic 8-ball answers. And thus they dont' get their requested injunction, but the real judgment of who owns what etc. has not been addressed, that's left for the real trial.
This injunction thing is more to prevent a malicious party from causing more obvious harm when there's little to no chance of them winning the real trial, to minimize damages while time passes during the real trial instead of waiting for that conclusion. Apparently this judge does not think that Hyperion is such a malicious party causing such obvious harm...
Round 2 will be the real trial where ownership and rights and all that are decided.
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