@jorkany

Quote:

jorkany wrote: Looks like Hyperion has an airtight defense! 14 Filed & Entered: 05/08/2007 Declaration Docket Text: DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re [6] MOTION to Expedite Discovery (Kinsel, William) "My investigation to date indicates that the pleadings were served on Hyperion in English, rather than one of the official languages of Denmark [???], namely Dutch French and German."

Can't loose now . . .

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@Tigger

Quote:

Not sure why it matters to Ben and the crew, but the documents were not provided in one of the official languages of Denmark!!!

Yeah, saw that. Denmark, wtf? It seems that Hyperion's reply (the 4 most recent documents) is only an attempt to counter AI's "motion for expedited discovery" and not a reply to any of AI's claims.
IANAL, but a formal error, such as failing to submit the complaint in one of the offical languages of the defendant *might* be one reason to deny the motion, even if it looks laughable for the bystander.
If the "motion for expedited discovery" is denied, Hyperion's lawyer(s) would have more time for compiling and filing the respective responses to each of AI's claims.

Wether anybody at Hyperion can read English or not is not the question here.

But I agree, someone should at least have done some proof-reading...

Last edited by hatschi on 09-May-2007 at 02:34 PM.

Quote:

"My investigation to date indicates that the pleadings were served on Hyperion in English, rather than one of the official languages of Denmark [???], namely Dutch French and German."

With that gem, hyperion will no doubt destroy the opposition

I suppose that it's possibly the "correct" thing to do legally to pick up on any technical errors, although whether they're also doing this to give them more time to get together a proper defence, or to attempt to stop the whole case as they don't have a one is another matter.

Certainly, I can see this kind of tactic has the potential to draw the case out for longer (e.g. if the Americans need to find translators etc), which is something that no-one, in the community at least, wants.

(Needless to say, IANAL!)

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@all

I don't access to the documents. What I see so far is:
- Hyperion has hired a lawyer licensed to practise in Washington
- Papers have been filed to stall the legal process (i.e., deny the "expedited discovery...")
- The lawyer they hired doesn't realize that Hyperion are in Belgium, not Denmark. At least he got the official languages of Belgium right.

They haven't filed anything in response to the actual lawsuit yet. This looks like standard practise; delay the actual proceedings in order to have as much time as possible to put together a proper defence.

Hans

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@Swoop

Quote:

"Yer don't get owt for nowt" as my Grandad used to say.

Was he speaking proper Belgian then?

@Colin_Camper

Quote:

Colin_Camper wrote: @Swoop Quote: "Yer don't get owt for nowt" as my Grandad used to say. Was he speaking proper Belgian then?

North Country (Yorkshire), or maybe it was north country Danish, I was so young at the time.


mmmmmmmmm.......Danish...........

Last edited by Swoop on 09-May-2007 at 04:31 PM.

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Quote:

Hyperion has hired a lawyer licensed to practise in Washington

If this the same Lawyer that has already won other court cases with Amigainc?

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@all

The new documents are now finally available on Justia.

Direct links (pdf):

12 Notice of Appearance

13 Response by Defendant

14 Declaration of William A. Kinsel

15 Avidavit of Service by Defendant

Last edited by hatschi on 09-May-2007 at 04:51 PM.

@Hans

Quote:

- Papers have been filed to stall the legal process (i.e., deny the "expedited discovery...")

Not really. Hyperion objects to Amiga Incs wish to expedite the response from Hyperion. Hyperion should have 30 days to respond according to US law, but Amiga Inc wants that to be 10 days. The reason for that is unknown, but I would expect that Amiga Inc wants to rush things hoping Hyperion would miss certain details. However, I find it sad that Amiga Inc is trying this trick when they should just rely on the law as it is written. Not trying to rewrite it for their own purposes.

rgds,
Stefan

@hatschi
So, it appears AIs request for expedited discovery (the 10 days to respond) has been denied.

Not much else of immediate interest (to me, anyways), although comments about AI trying to gain their ultimate goal (OS4 source) via expedited discovery are interesting...basically, seems like Hyperion's lawyer is saying, 'nice try, we'll respond in full in a reasonable amount of time.'

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Are we not done with the same silly arguments and flames yet??!

@wegster

Oh, and there's a clause in one of the docs stating Hyperion doesn't beileve AI has the rights to OS4 object and source code..

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Are we not done with the same silly arguments and flames yet??!

@wegster

Quote:

So, it appears AIs request for expedited discovery (the 10 days to respond) has been denied.

I don't see any judgement on that yet. Note that the "DENIED" at the end of document 14 only refers to Exhibit A, which is from 2006 and was included only as a test/reference case.

But does anybody know what happens if Hyperion's request (annulment of expedited discovery) is *denied*? How much days will there be left to compile a full response?

Last edited by hatschi on 09-May-2007 at 05:48 PM.

It seems the Denmark slip-up only occurs in one of the documents then. It correctly says Belgium everywhere else.

Last edited by madtrekker on 09-May-2007 at 05:47 PM.
Last edited by madtrekker on 09-May-2007 at 05:47 PM.

Well that was a bit of a let down. More legal mumbo-jumbo to counter the legal mumbo-jumbo Amiga submitted. Well dem lawyers gotta make a livin somehow.

Looks I better stock up on popcorn, I only brought a months supply.

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Looks like the lawyers (who are getting paid by the hour) have decided this is going to be a long lawsuit. I can't see a trained professional making that sort of dumb mistake; this was an "oops, my bad. I guess I'll have to file aaall that paperwork all over again. I hope I get the language right this time, but it's all going to depend on the price of Rolexes this year." I give this one six months minimum.

Adam, I hope you're not counting on sales of your board for any important purchases like food...

@Yabba

Quote:

Yabba wrote: @Hans Quote: - Papers have been filed to stall the legal process (i.e., deny the "expedited discovery...") Not really. Hyperion objects to Amiga Incs wish to expedite the response from Hyperion. Hyperion should have 30 days to respond according to US law, but Amiga Inc wants that to be 10 days. The reason for that is unknown, but I would expect that Amiga Inc wants to rush things hoping Hyperion would miss certain details. However, I find it sad that Amiga Inc is trying this trick when they should just rely on the law as it is written. Not trying to rewrite it for their own purposes.

It's still stalling, even though they are legally entitled to it. Amiga Inc. wants to push things through as fast as possible (something that they can legally request). Hyperion wants the time to put together a proper defence. I don't mean stalling in a negative sense.

Hans

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@Darth_X

This the chap/firm? http://www.kinsellaw.com/pages/333664/index.htm


Jason

@Hans

Quote:

It's still stalling, even though they are legally entitled to it. Amiga Inc. wants to push things through as fast as possible (something that they can legally request). Hyperion wants the time to put together a proper defence. I don't mean stalling in a negative sense.

I thought the lawyers on both sides have been working on this for awhile. Surely Hyperion had to see this coming. They should have already been prepared. Perhaps there is something up their sleeve. I hope so for their sakes as they have not presented much so far.

Really?!?

I am naive on legalities but the crux of a pending legal argument that English can not be understood/dealt with seems well... medieval in these modern times. Then again, from a legal standpoint of protocol, I suppose its really common sense. How can you call someone out and NOT use their language (from a national law aspect). Heh, more I think about it, the more retarded and arrogant it seems.

Drama, drama, drama...

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