Quote:

T_Power wrote: I am referring to the laws in "South Africa", where I live. I would expect international and USA law would be similar, but According to Tigger who is an USA citizen, this is not so.

Willing to bet that you cant get a South African lawyer to tell you that doing the date that way will void the contract unless one of the parties says that the date was added after the signing of the contract and without there knowledge. They also will likely have to find proof. In addition, as others have pointed out, its not in the best interest of Hyperion for the contract to be thrown out.

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If what you say is true of USA law, then all legal documents in the USA are wide open to abuse and tampering.

Initialing next to every change doesnt make it any harder to abuse or tamper, I just xerox a signature from one place and put it in another.
-Tig

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@T_Power
Quote:

I am referring to the laws in "South Africa", where I live.

The court is being held in the United States. I'm pretty sure the proceedings will follow US law not South African, although IANAL.

Quote:

If what you say is true of USA law, then all legal documents in the USA are wide open to abuse and tampering.

Of course they are wide open to abuse and tampering. The only thing that could prevent one party from scratching something out and writing in something else on their copy of the contract is the laws of physics, lol! It will be up to the judge to decide if the documents were tampered with after they were drawn and signed. If Hyperion's lawyer questions the change and Hyperion produces their copy of the same contract without the change, then you have some kind of point. If Hyperion never bothers to enter their copy of the contract then it probably will not even be a point of contention.

So far Hyperion has failed to submit anything contrary to what AInc. is claiming - if they plan to do so then they better get crackin. I for one have been looking forward to this show for a long time now, and it seems like Hyperion isn't going to get the *full year* that they have implied they needed in their response to open their filing cabinet and pull out the related material.

Somebody here posted that some guy named Zontar (or similar) said in IRC that Hyperion's crack legal team is even now assembling a packge of documents to be submitted next week. I don't know who this Zontar is or how he knows this, but let's hope he's correct! Get the ball rolling on this friggin thing already....


(changed incorrect quoting)

Last edited by jorkany on 16-May-2007 at 03:31 PM.

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Here for the whimpering end

The legal wrangling is all beyond me.We can debate until the judge decides and no matter what we think thew judge may come up with something out of the blue (decision could be related to his breakfast that morning), and the other side will appeal.
But I do wonder if AI wins who will be doing the uboot updates and os4.1....4.x. I j\know the official beta teseters have a newer uboot than the march 5 2005 one. Will it ever get out to the rest of us if AI wins?


painter

@painter

Quote:

We can debate until the judge decides and no matter what we think thew judge may come up with something out of the blue (decision could be related to his breakfast that morning)

Yep, the real world at work.

I think our chant as a community should be "get back to the bargaining table"!

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@Spectre660

Quote:

Never said anything about releasing/selling an OS. asked about walking away from a legal award handed down in the US. How would it be enforced in an EU country ? how does this work is what I am trying to find out .

I am pretty sure the outcome - if so - will be in such a way that it is legally binding in the EU as well. Enforcing this in the EU should not be a problem, they still have a working justice system

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@Kronos

Quote:

Rather obvious atempt of history-rewriting

To me it seems that the "community" here believes, if they just put enough faith into something, they can change reality, like if you just repeat it again and again and believe in something it becomes true. Well, the reality is, no, it doesn't. There are just rules out there ("out there", well, there is a world outside of Amiga, really ) which follows some standards. That here becomes more and more religion...

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@Jorge


Quote:

am pretty sure the outcome - if so - will be in such a way that it is legally binding in the EU as well. Enforcing this in the EU should not be a problem, they still have a working justice system

Unlike the US were you may be able to dodge on court awards for unpaid rent and wages?

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@Tigger

Quote:

In the deposition, AI has said they paid the 25K, unless Hyperion in a deposition says that is untrue, the court by law in the US has to take that as a fact agreed upon by both sides.

Since Hyperion is still putting its case together, we don't know yet whether they'll deny Amiga Inc's claim to have paid the 25K in full or not. We'll find out. But I was not talking about the court, I was talking about YOU making conclusions based on assumptions rather than facts. The 25K was just an example of the many assumptions you make.

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Unless and until Hyperion says that AI did not pay them, I will treat it as if they did BECAUSE THAT IS WHAT THE FEDERAL COURT IS REQUIRED TO DO.

So if I sue a company and claim that I paid them, say $10k and present a receipt of $7.5k, would you instantly beleive me that I paid $10k?

Sure, you're entitled to believe whatever you want to beleive and share your opinion/views with others, but when you present these assumptions as facts, you are misleading other people on this website.

@jorkany

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We all know Ainc. is filthy with lies, but the itemized receipt is from Hyperion, not Ainc. Seems if all that was fabricated that Hyperion would counter at least some of what Ainc. has claimed, yet they have not.

They're still putting together their case, or do you assume that they won't even respond?

Last edited by COBRA on 16-May-2007 at 05:17 PM.

@COBRA

Why are you so obsessed with this issue anyway? Nobody so far in court has brought up missing payments and until they do, this is a non-issue.

Geez, you've spent about 4 pages talking about this one thing.

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@SpaceDruid

Quote:

Geez, you've spent about 4 pages talking about this one thing.

You're right, I'm just wasting my time here.

@COBRA

Welcome to the Club, COBRA

Tigger is a hard one, isn't he? And he has already some "converts", so to say
Makes me wonder why he's so deperate and convinced ...

So, open the gates and let's see who accepts the challenge next.

BTW anyone here who knows the difference between "there" and "their"? I know one who doesn't ...

Sorry for beeing OT, I'm already gone.

@COBRA

Quote:

So if I sue a company and claim that I paid them, say $10k and present a receipt of $7.5k, would you instantly beleive me that I paid $10k?

Compared to the issue about the subcontractors, this point seems rather insignificant. I wouldn't expect Hyperion's case to revolve around it... But then, maybe I'm wrong?

Who is this Zorian guy anyway who was apparently announcing something on IRC?

@COBRA

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@Tigger So if I sue a company and claim that I paid them, say $10k and present a receipt of $7.5k, would you instantly beleive me that I paid $10k?

Yes I agree, many people are making this assumption I noticed. Then they say "what about the other money sent later", which may not have been for the same thing. If anything them not showing proof of the missing $2500 is more telling than anything so far. But the bottom line is its all conjecture at this point. Tigger likes to talk in absolutes its seems so they appear as facts.

Quote:

but when you present these assumptions as facts, you are misleading other people on this website.

Which is a shame.

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@SpaceDruid

Quote:

SpaceDruid wrote: @COBRA Why are you so obsessed with this issue anyway? Nobody so far in court has brought up missing payments and until they do, this is a non-issue. Geez, you've spent about 4 pages talking about this one thing.

Hmm, why you care about him caring seems to be as reasonable a question then. I'm not asking that though, just like I wouldn't ask what you asked in the first place. An observation though, it takes two to tango and he had a dance partner in this.

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@Spectre660

Quote:

Unlike the US were you may be able to dodge on court awards for unpaid rent and wages?

Well, if you can find a place to hide, sure, would be possible, too. But, running a company from there would be a bit, hm, hard.

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@Jorge

Was actually looking at the Washington State/ Delaware same corporate name juggle.

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@thread

well,
i really think, at this point, that we need definitely a good lawyer:

_________________
retired

@fairlanefastback

Quote:

Yes I agree, many people are making this assumption I noticed. Then they say "what about the other money sent later", which may not have been for the same thing. If anything them not showing proof of the missing $2500 is more telling than anything so far. But the bottom line is its all conjecture at this point. Tigger likes to talk in absolutes its seems so they appear as facts.

Guys, you don't seem to get this: Unless if Hyperion says that it didn't happen, it *WILL* be assumed that it did by the court. That's how it works, if a party does not contest a claim against them, it is assumed to be true. Nice? No. Fair? No. Is it what happens in real life? Sure as hell is.

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@COBRA

Quote:

So if I sue a company and claim that I paid them, say $10k and present a receipt of $7.5k, would you instantly beleive me that I paid $10k?

Unless if that company goes on to claim that you did not provide the last $2500, yes, they will believe you. If they DO contest your claim, you will then have to provide proof for the rest of it.

Quote:

Sure, you're entitled to believe whatever you want to beleive and share your opinion/views with others, but when you present these assumptions as facts, you are misleading other people on this website.

Whether me, you or Tigger believe this is grossly irrelevant, in terms of the court case. Tigger's whole point is that: Unless if Hyperion's lawyer contests the fact they they have been paid the money, it will be assumed by the judge that they did. That's how it works. They may or may not have done so but unless Hyperion states that it did not happen, it did and I hardly think that Hyperion will not play this card if it's viable. We do not know whether they will yet.

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@AMiGR

Quote:

AMiGR wrote: @fairlanefastback [quote] Guys, you don't seem to get this: Unless if Hyperion says that it didn't happen, it *WILL* be assumed that it did by the court. That's how it works, if a party does not contest a claim against them, it is assumed to be true. Nice? No. Fair? No. Is it what happens in real life? Sure as hell is.

I absolutely get it. But Hyperion has not fully responded yet. Thats why I said "But the bottom line is its all conjecture at this point." People are saying all was paid. Its not clear either way yet.

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Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
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