I have to say your posts are quite colorful and I think AInc. could use you as their attorney's as they might have gotten the preliminary injuction that the judge denied them. Your arguments seem better based than the attorneys who are presenting..
Of course they have asked for a jury because we all know that contract law is difficult for a layman to assess versus a judge and it's easier to get an argument in your favor in that situation.
It's interesting that the Judge in their comments didn't quite see things the way you have. Personally I think Amiga Delaware should hire you! They could do a lot worse..
Perhaps they should add support for what they have a contractual obligation to develop AmigaOS4 for before they request more hardware options, don't you agree?
Well since their position is the contract has no bearing at this point as they now believe Amiga Washington was insolvent they don't really care what Amiga Delaware would approve or not. Their position is Amiga Delaware has no rights at all in this case. When it comes to the contract they feel that the insolvency clause kicked in, and now they are the masters of all that is Amiga OS 4. They feel no need to *request* anything.
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Well, this would only matter for the issue in case Hyperion's claims about Amiga Delaware not being an appropriate successor to Amiga Washington as the owner of the Amiga related intellectual properties would be true.
Sure but you talk as if Hyperion should just kneel down to Amiga Delaware. Its pretty clear its what you want, but its not what they want, and unlike you, they have something to lose if they do.
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Pushing the line of Hyperion's defense, I see...
Lets cut to the chase, the game is silly, you push the plaintiff's reasoning. Cute little lines like that, whats the point? With "all they have to do is" language you tremendously oversimplify what the issues are and seek to paint Hyperion the bad guy.
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If you want to jump to conclusions based on these *claims* (read: not verified facts), that's up to you.
You don't have any verified facts that Amiga Delaware has any right to bring this action, yet you blindly support them. I'm not blindly supporting Hyperion. I'm the one waiting to see what further evidence brings for us to see. Its simply a real world issue now that Amiga Delaware is likely going to need to show the judge they really do rightfully and lawfully own the IP. On its face, since Amiga Washington never paid Bolten's judgement, not even a portion as far as we know, its likely that an improper conveyance occured. Putting that aside, its pretty simple, let Amiga Delaware show it was not, if they can. I'm open to see what happens next. But you seem bent on Amiga Delaware winning, no matter what comes to light either way.
_________________ Pegasos2 G3 running AOS 4.1 and MorphOS 2.0 Amikit user, tinkering with Icaros VM (AROS) EFIKA owner Amiga 1200
Joined: 11-Sep-2003 Posts: 3043
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@samface
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samface wrote:
Well, the "Target Hardware" as specified by the contract is what they have agreed to develop for. AFAIK, they still haven't released AmigaOS4 for the CyberstormPPC boards. Perhaps they should add support for what they have a contractual obligation to develop AmigaOS4 for before they request more hardware options, don't you agree?
Does the contract allow them to produce a CSPPC version, or does it obligate them to?