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Spectre660 wrote: What we have is Amiga Delaware forcing Hyperion VOF into a forum (a court room) in which all the disputed issues between the two will be addressed once evidence supporting each claim is submitted and arguments are put forward.

Oh all the evidence isnt going to come out, because McEwen doesnt want to go to jail and Ben doesnt want to be disbarred.

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The Judge has outlined areas and reasons were the evedence submitted thus far is not clear enought.

Not really, the judge has pointed (twice now with #40 being put up) that he is confused about the data. If the judge had ruled that approval of the transfer from ITEC to KMOS wasnt proven, that would be one thing. But to go on about the transfer 25K and buyout and be pointing to the KMOS documents, shows that Hyperions confuse the judge approach worked. But in reality since Hyperion isnt selling anything at this point, AI isnt being harmed more by the wait till this is over, which will likely be next month or so.

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In my view Amiga Delaware now has to submit evidence dealing with Amiga Washington's transfer of the rights of the 2001 Agreement to Itec LLC, and to KMOS Inc. if this is not done then unless Amiga Washington resurface the Judge will be forced to move on and deal with Hyperions counter claims which only have merit if the proper transfer method as per the contract clause were done.

The transfer to Itec is covered, unless Hyperion wants to argue they were illegally selling the OS to Itec. I'd love for them to do that, but I dont think thats a good legal tactic. We have the documents for the transfer from Itec to KMOS, we have Hyperions press releases about being excited about KMOS acquiring the OS. We have Hyperion listing KMOS as the owner of the OS at that time on there website, we have the signed Arctic PDA agreement between KMOS and Hyperion. In a court of law (not a 30 minute briefing to a judge), its going to be hard to argue that they didnt agree to KMOS buying out Itec with all this data. Once there comments about the transfer are thrown out then we get to the even weaker part of there case. We were done in 2004, we just didnt tell anyone and we didnt pay anyone like we were supposed to when we are done.
-Tig

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We played the first thing that came to our heads, it just happened to be the best song in the world.

@Spectre660

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As it was notdone by the contract clause the case is going to be dismissed in favour of Hyperion.

That's a pretty bold claim. Let's all remember Spectre660 said this, ok? :)

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