While fun, I find their claims of being a creditor due to vouchers and warranty violations rather weak and smacking of desperation
you are misunderstanding the claim.
The warranty is a clause in the agreement that Amiga Inc is owner of the OS3.x IP and that no one else had any claims to it and that they would deliver the source code to Hyperion as part of the Agreement. Also Amiga Inc would protect the OS 4.0 partners against any legal claims and costs in regards to the fact that other parties claimed copyright etc.Thus having to pay Olaf Barthel and other 3.5 and 3.9 developers allows Hyperion to recover these costs from Amiga Washington under the contract, thus they became a creditor when they entered into contracts with third parties for stuff that Amiga inc claimed that they owned and would deliver.
Last edited by Spectre660 on 15-Jun-2007 at 03:48 AM. Last edited by Spectre660 on 15-Jun-2007 at 03:17 AM.
_________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card
I'm not a lawyer either, but its pretty basic in the US for a lawyer to layer his defense. So thats why the document is in sections. The first being "Answers". The idea here is basically if Plan A (Answers section) does not work out in the judge believing the defense is enough they've already provided Plan B (Affirmative Defenses section). Thats why there are often phrases like "even if" in these documents. Its about erecting multiple barriers for the plaintiff.
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Spectre660 
