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It was also fun to see the vouchers (amongst other things) used to allege that Hyperion was actually a creditor of Amiga W. I didn't see that coming, but (if I understand everything correctly) it handily allows them to object to the means by which Amiga W transferred it's rights to Itec, etc, since they claim that this was a deliberate attempt to prevent creditors (including Hyperion) from getting what they were owed.

But the creditor #1 of AIW would certainly be Itec (or the people behind it) anyway, thus I'd suppose that even after a roll-back, the biggest piece of the cake would remain with the same people. But it's understandable of course that Hyperion is aiming at the maximum in their claim to hopefully settle in the middle.

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amiga-news.de

@madtrekker

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so if they can't definitively prove that the transactions which led to Amiga W becoming Amiga D were all fair and square then Hyperion must surely get at least some of what they are asking for.

Uh, I think you missed something important. Hyperion chose to make Affirmative Defenses.

Now, IANAL (and don't want to be one, despite what my boss thinks :), but the way I understand US law (and Wikipedia at least seems to agree), that means the burden of proof is now on Hyperion. And while it may be difficult for AI to prove that everything was above-board due to lack of documentation, I suspect it will be even more difficult for Hyperion to prove the negative, that things were not above board, due to the very same lack of documentation.


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It was also fun to see the vouchers (amongst other things) used to allege that Hyperion was actually a creditor of Amiga W

While fun, I find their claims of being a creditor due to vouchers and warranty violations rather weak and smacking of desperation --- particularly considering that Hyperion have previously claimed that at the relevant times, they had an actual invoice outstanding.... Makes one wonder what happened to that, much more clear-cut claim of being a creditor.
One wonders whether this was a thinly veiled attempt at a smear campaign? Especially considering that they included the Party Pack coupons, which pre-date The Agreement, and which they were undoubtedly aware of when they entered The Agreement....