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      /  AmigaOS4 on Pegasos, AGAIN!!
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Anonymous 
Re: AmigaOS4 on Pegasos, AGAIN!!
Posted on 15-Oct-2003 5:29:37
# ]

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Quote:
I dont know about you, but if I was forced to alter my schedule, have to explain my actions with regards to my personal health and welbeing, among other unwarrented personal invasions of privacy, that I know would then be made public and construed in the worst possible light by some parties, all in the name of answering a frivulous lawsuit, I would be pretty damn surly myself!


Well, Bill has to explain these things to the judge handling the case. That's how the system works. The reason isn't a frivolous lawsuit. Two lawsuits were filed by employees trying to collect back pay. (I imagine you know they won these suits and are now trying to collect. It's Bill McEwen's claims that AI has no money to pay them that has exposed -- in sworn testimony -- how dire the company's financial standing is.) The lawsuit filed by Thendic/Genesi is to have a business contract fulfilled by Amiga, Inc. If you think something's been filed frivolously, please be specific so we can have a closer look.

Anyway, if Bill McEwen was acting surly, that'd be understandable. But he doesn't show signs of surliness in the deposition, more like "this is all just a game of some kind, right?" Do you want me to provide quotes?

Quote:
I am tired of these "court documents" being constantly used to support arguments/claims when in my view these documents in and of themselves are suspect.In the very least they only apply to the last financial quarter, and they certainly do not show even close to a full financial breakdown of assets, revenues and so on and as such have no real validity in showing the financial positions of Amiga Inc!


I'm not going to list everything right now, but there are documents, statements by those involved and so on indicating that Amiga, Inc. has been in financial trouble for much longer than just the last quarter. This was McEwen's defense in the employee suits, for pete's sake. How long ago did they get evicted due to nonpayment of rent? How long ago did they stop paying employees' health benefits and wages? How long ago did they stop paying taxes? This is described in official statements and illustrated by the employee compensation suits. If AI had only gotten into trouble this last quarter, or if there are assets not reported -- though I wouldn't want to think Bill McEwen is failing to report them to the court -- then why weren't their obligations being met, why weren't the t-shirts sent out, etc.? I'm afraid you're just wrong on this point.

Quote:
In any case, the deposition also shows clearly that the pegasos was never included in the contract to have DE ported to it, and though Genesi had the right to ASK to have it ported, thats all they had.


The documents that I've seen are Thendic's attorney's contention and Bill McEwen's deposition on the matter. Naturally they have different opinions. The case hasn't been decided yet, has it? I may have missed something, if you could give me a URL. I haven't seen the contract itself. I'll wait to hear the legal decision.

Quote:
And people have the gall to pick B. McEwen's attitude in this matter?


Talk about gall -- Bill McEwen made his famous "on schedule and rockin'" quote when he knew full-well development was stalled. We're discussing a management team that had the hutzpah to put Nintendo's Mario Bros on the list of apps and games coming to the AmigaOne, remember? These guys stopped paying their employee health benefit premiums without telling them, remember? I don't think the critics are in any danger of surpassing the performance already shown by the AI team.

Quote:
If you want the truth, then you had best start putting the other side under such microscopic scrutiny.


Like I said before, if anyone thinks we're not getting the full story on Amiga, Inc., go ahead and pay the fees and get all available documents, etc. If anyone thinks "the other side" has skeletons in the closet, root them out. Keep in mind that the last time this was tried, it backfired and ended up exposing another area of AI mismanagement (somebody -- he knows who he is -- figured he'd show how Genesi doesn't have the rights to its trade name in Europe, and it was eventually turned up that Amiga, Inc. had abandoned some of its IP, apparently inadvertently). Personally, I think there's a reason why things appear the way they do in this controversy: it's because that's the way they are. But I'm willing to be proven wrong....

-- gary_c

 
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Anonymous 
Re: AmigaOS4 on Pegasos, AGAIN!!
Posted on 15-Oct-2003 5:50:16
# ]

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Quote:

If you think something's been filed frivolously, please be specific so we can have a closer look.


How does the whole Thendic/Amiga court case sound to you? I would
also point out that previous judgements against Amiga Inc are no
indicator of future judgements.

Quote:

How long ago did they stop paying taxes? This is described in official statements and illustrated by the employee compensation suits.

He is correct to a point however, it is only a snapshot of the picture up
to August 7th and the figures were NOT precise nor was there anything
like full disclosure ( if you recall Bill McEwen refused to elaborate
on sales ledger content because he knew that someone would be posting
any testimony on the internet ).

Quote:

then why weren't their obligations being met, why weren't the t-shirts sent out, etc.?

Maybe the money got used up fighting off a combination of VALID
and FRIVOLOUS lawsuits?

Quote:

if anyone thinks we're not getting the full story on Amiga, Inc., go ahead and pay the fees and get all available documents, etc.

Do you think we are getting the full story on Amiga Inc? I don't. In fact
you don't either - you admit that all we have seen so far is
the Thendic/McEwen deposition AND a notice that the Judge has
thrown out Thendics lawyers request for sanctions. We have not
heard the counter reasons why Amiga Inc felt they should not
pay those employees, we have heard no reason why Amiga Inc
has not paid taxes ( perhaps given it has no revenue stream that
is over a normal taxable threshold ). We have NOT heard the
entire story and nor will we for some time I guess.


What we have heard however is a bunch of people fascinated by
public justice bringing parts of the picture into the glare of publicity
and speculating - nay setting themselves up as judge and jury
in the matter.

You appear to use the smallest excuse to drag in some diatribe about
McEwen's track record ( on schedule and rocking, Mario64 etc )
which I also would highlight as a borderline bit of flamebait.

Quote:

If anyone thinks "the other side" has skeletons in the closet, root them out. Keep in mind that the last time this was tried, it backfired and ended up exposing another area of AI mismanagement

Do you think they haven't? It did not "backfire" per se, Genesi does
not have rights over the trademarks in the areas in which it intends
to do business in Europe OR North America. Get it straight please, because
of prior registrations in that field with those names.

Funny how you describe that as "mismanagement". Perhaps it is
"mismanagement" when Amiga Inc makes a clerical error but when
Genesi fails to check that the tradenames it uses are not already in use it is glossed over.

What you appear to do is set up all the indicators like a
prosecution lawyer - questioning the guys reliability and veracity,
pointing to other judgements etc. I find such public prosecution
antics distasteful and think they have no place on AmigaWorld whilst the court case is ongoing.

I request the moderators remove yours and others posting on
this matter and any further comments on this subject should be
moderated with "Let the courts decide".
Dave.

Oh and before anyone gets carried away, I locked this and moved it
off the front page to await a moderators decision, I do not think
that an invitation to turn this into a muck-raking contest on AmigaWorld
is in the spirit of the site, if a moderator thinks I have abused my
access in this matter they are free to delete my access, tell me
off publically or whatever - DaveP

 
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Anonymous 
Re: AmigaOS4 on Pegasos, AGAIN!!
Posted on 16-Oct-2003 6:47:06
# ]

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This topic is now unlocked, in the spirit of the statements I made on the "Moderation on AmigaWorld" forum it is now up to a moderator to relock it if they so wish.

I still think that an invitation to drag up mud on Genesi is something that should be ignored and hope that the people contributing to this topic ( unless a moderator locks it again ) can keep it civil, without resorting to flamebait or flaming of either participants OR people not able to defend themselves on this forum.

Good luck.

 
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