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Team Member
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Joined: 22-Jun-2005
Posts: 4886
From: MA, USA | | |
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| @Tigger
Quote:
| Hyperion has known about the insolvency since before the KMOS agreement, Evert and Ben both made statements on it in late 2003 and early 2004 during the Thendic-Amiga trial. It is ludicrous to say that they had no idea Bill McEwen has said that, when everyone knew he said that as of August of 2003 when it became public knowledge and the officers at Hyperion were part of the defense of AI in the lawsuit, they had seen McEwens statement. |
Quite possible I'm sure. But Amiga's legal team I would suggest might want to get working on showing that in court then. The judge is not going to divine this, he will need to be shown it.
Quote:
| But notice they also arent sending Itec back its money, or KMOS back its money. If Hyperion believed Itec wasnt the successor, they shouldnt have signed the contract, if they believed at a later time that they didnt have successor rights, they should have sent back the money. |
Well they are arguing they did not know at the time to the court. So for the moment sticking to the presented theory I agree with your point that "if they believed at a later time that" Amiga Delaware did not have successor rights, "they should have sent back the money". Yep they should have. Again, where is Amiga's legal team on this point? Of course we don't know if Hyperion did not try to at some point and/or what negotiation attempts were made to try to avoid a lawsuit at different moments in time. So again, if Amiga can stand well on this point, their lawyers only need present it. and if its so, I hope they do!_________________
Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
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