@jiyong



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Oh no (Lemming style)! Just when I hoped I would get my $50 back from Amiga, Hyperion is ruining it all.

It will be worth the $50 to see a corrupt organisation like Amiga IOnc fall :o)


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But seriously, I only care about the $50 because I don't think Amiga kept its promise. I knew that probably I would never see it back, as it was also a way for me to show there were still people that put their money where their mouth is and let Amiga know there still was/is a market.

Likewise and then I bought the A1 too, I put my money where my mouth was. Unlike the tight fisted folk that go on about getting OS4 on x86 and never put a penny into the future of the Amiga system (note the computing system not the name).

I just wish I had not put the $50 into a criminal organisation like the one McExport runs. Amiga Inc are a true "brand name" all the money goes into advertising "nothing" rather than into a product itself. If only companies spent the funds they do on something worthwhile rather than mere advertising, then they would have something to actually advertise !

Amiga = 0
Eyetech = a product some are unhappy with but many are - at least it exists
Hyperion = an OS whatever it may be called

I repeat:
AMIGA = 0

I do regret that last remark, I have been an Amiga user for many years and defended it at work against Windows etc. The Amiga system is still worthwhile, a true computer to use at home noat a clone of the thing you have to use at work. I like what the Amiga was and still should be but not a corporate brand name run by a bunch of sharks. The Amiga or should I really call it a Lorraine system (Oh a name change no less) is still what I prefer to use. The name does not matter anymore. In fact the name has been tarnished by criminals like Bill McExport.



Bill


PS, McEwens Export is a "brand name" beer in Scotland. It is absolute ####. I would rather have a micro brewed real ale anyday than any of the tasteless "brand name" beers. Even my home brew is better than them ! I just spent 5 weeks in South Africa where you cannot buy a decent pint - all yopu get are "brand name" lagers which are pure crap. There is actually a good micro brew place but they have to struggle against corporate "names".

PPS. Brand Names are not only to do with computing but have ruined lifestyles everywhere by the bland forcing out the good.

THERE IS NOTHING GOOD ABOUT STICKING TO A BRANDNAME. Especially if you have a REAL product like HyperionOS. Those guys did a great job. A pity a lot still treat the Amiga "name" like is is Gucchi or Prada or other named #### that is just so pretentious. I never thought us computing folk would be so shallow as to attach such importance to a mere name.

@jiyong

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The only severe weak point for Hyperion (that I see) is that they signed the bill of sale for OS4. You can't tell me that Hyperion didn't know about the possible insolvency issues at that time. Sure it's implicit and not as strong as an explicit statement, but I would say when you are a smart lawyer on the Amiga side, you could make it a big issue.

Actually this plays out well for Hyperion. Amiga denies insolvency at all is the first thing to keep in mind. Hence they will never be able to say they informed Hyperion. Since they never informed Hyperion, Amiga can't show Hyperion knew, they deny it even occured in the first place.

So now through showing the desposition from the Thendic case where Bill McEwen in essence admitted insolvency they intend to show Amiga hid pertinant info at the time, something they had an obligation to share, since it voided any claims Amiga could ever have on OS 4.0.

That all aside the "bill of sale" was no bill of sale. They issued an invoice showing payment *towards* a contract clause, not the full amount. The judge already has used Hyperion's language for the clause (buy-in rather than buy-out), thats a big ouch! Also, again the invoice is for less than the $25,000 beyond that. And beyond that still Amiga Delaware needs to prove they properly succeeded Amiga Washington and even had the right to send such a payment (an incomplete one).

The Amiga lawyer says "um" a lot (read the transcript to see how often). The Hyperion lawyer seemed better prepared and more well-spoken. The paperwork for evidence from the Hyperion side looks cleaner, more complete, and hence more legit looking (IMHO).

And Amiga Delaware risks all Amiga Washington's IP going forward as possibly not being their own. Thats damn risky.

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Last edited by fairlanefastback on 14-Jun-2007 at 10:55 PM.
Last edited by fairlanefastback on 14-Jun-2007 at 10:49 PM.
Last edited by fairlanefastback on 14-Jun-2007 at 10:49 PM.
Last edited by fairlanefastback on 14-Jun-2007 at 10:48 PM.

_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

@jiyong

Quote:

u can't tell me that Hyperion didn't know about the possible insolvency issues at that time. Sure it's implicit and not as strong as an explicit statement, but I would say when you are a smart lawyer on the Amiga side, you could make it a big issue.

The judge dismissed this as irrelevant in summing up of the preliminary motion.