@Spectre660

Quote:

Spectre660 wrote: @umisef This also has bearing on the secured creditor story. Hyperion should have been notified of this status acording to the Provisions of the 2001 Agreement and If they had AMIGA (D) would be waving the Letters about it for all to see.

As I pointed out before, this story may have merit, but it doesnt help Hyperion at all. The Judge cant overrule the secured status, so he has two options if he were to decide its an issue:

1) Rule the 2001 contract is void because AI(W) lied about the OS statuus (that doesnt help Hyperion, they now dont have a license for the OS, etc)

2) Force Itec to live up to the contract (which is what Itec is trying to do and Hyperion doesnt want them to do)

Thats why the first secured creditor stuff isnt an issue Spectre660, Hyperion doesnt want either of the possible solutions the judge can provide for AI(W) hiding the OS's status (if he were indeed to decide that was the issue).
-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.

@Chip

Quote:

Chip wrote: @Tigger LOL! Giving up from a winning position? That would be the biggest mistake on the earth. (even if you don't like it)

Chip,

We are talking about the New York case in this topic (ie thats why its called Itec steps forward in the Big Apple), what on earth makes you believe that they are going to win in New York against Itec?
-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

Quote:

Spectre660 wrote: @umisef Without reference to the 2001 Agreement ITEC has no legal right to have bought into OS4.0 Its like joining a private club. Only by Invitation.

Yeah but member Hyperion sold them the OS under the 2003 agreement, took money and now years later says, you cant join without even sending the money back, they claim its because the other members dont want him to join (without showing proof of such) and even if that were true, this late in the game he would owe Itec his money back, plus interest, plus all the costs Itec racked up because they had signed the contract making them a member and had bought everything to go with the new membership, plus likely penalties. Itec couldnt totally not get the OS, if they prove that they cannot provide it and yet be totally financially destroyed by this judgement. Either they can provide the OS (and they need to do it now) or they cannot provide it and they are guilty of defrauding Itec.
-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

Quote:

Spectre660 wrote: @wolfe I think that the New Yotk suit is just a ploy to delay ITEC from being Joined in the Washington lawsuit.

No, joining Itec to the Washington case was a ploy to keep Itec from suing Hyperion in New York, its not likely to work.
-Tig

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

@Tigger

Quote:

Yeah but member Hyperion sold them the OS under the 2003 agreement, took money and now years later says, you cant join without even sending the money back, they claim its because the other members dont want him to join (without showing proof of such) and even if that were true, this late in the game he would owe Itec his money back, plus interest, plus all the costs Itec racked up because they had signed the contract making them a member and had bought everything to go with the new membership, plus likely penalties. Itec couldnt totally not get the OS, if they prove that they cannot provide it and yet be totally financially destroyed by this judgement. Either they can provide the OS (and they need to do it now) or they cannot provide it and they are guilty of defrauding Itec.

And still ITEC might not touch the OS anyhow anyway... or as ITEC isn't as they said they were, they just have to handle the money with interest only...

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Indigo 3D Lounge, my second home.
The Illusion of Choice | Am*ga

@pixie

Quote:

pixie wrote: @Tigger And still ITEC might not touch the OS anyhow anyway... or as ITEC isn't as they said they were, they just have to handle the money with interest only...

I realize English isnt your first language, but some of your posts are really hard to decipher. You seem to have 3 points

1) Itec may not touch the OS - Not sure what you mean by that, if they get it, they will give it to KMOS, if they dont get it, obviously they wont touch it, so I dont have a scenario where ITEC does anything with the OS.

2) Itec isnt as they said they were - In what way, or what do you mean by this? Nothing in the 2003 contract claims anything about Itec except that they are going to give money to Hyperion and want a product (OS 4.0) back, surely if Itec claimed they were something they were not in context of the 2003 contract, that would actually have shown up now or been part of the 2003 contract.

3) they just have to handle the money with interest only - You believe if Hyperion gives back the money with interest only this will be over? I dont think so, if after 4 years and a court case, and lots of money spent on the Amiga effort my supplier who is over 4 years late delivering says let me give you your money and I'll keep the product I sold you, I am going to get alot of money as a penalty for that action if its allowed to stand. Enough money to compensate me for all the money I spent on the OS 4.0 plans that now have to be cancelled.
-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.

@umisef

The Hyperion argument is that "hey they tried to con us". and the latest slant is "hey they are trying to con the Court now to"

Go back back read PDF no 1 again and see all the issues that Amiga(D)and co sort of glossed over instead of detailing . Makes then look kind of like con artists.
This is their problem.Nothing was quite done straight and this is the Line of Hyperions deffence.
A new can of worms has been opened by the Trademark registration searches.

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Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card

@hatschi

Quote:

hatschi wrote: @COBRA Quote: Where I work 11-hour workdays is normal everyday stuff. Does this include time spent on the forums discussing with Tigger and umisef?

Yeah we need to stop distracting Tigger so he can get to work on the AROS Efika port!!!

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Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

@fairlanefastback

Quote:

fairlanefastback wrote: @hatschi [quote] hatschi wrote: @COBRA Yeah we need to stop distracting Tigger so he can get to work on the AROS Efika port!!!

Actually I seldom post from home which is where I write the Efika port, so my posting doesnt effect the AROS port effort.
-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.

@Tigger

Quote:

2) Itec isnt as they said they were - In what way, or what do you mean by this? Nothing in the 2003 contract claims anything about Itec except that they are going to give money to Hyperion and want a product (OS 4.0) back, surely if Itec claimed they were something they were not in context of the 2003 contract, that would actually have shown up now or been part of the 2003 contract.

Contracts are the ultimate stage, they do not show out of thin air, it is clear that ITEC presented themselves as the next AMIGA and on that basis and that alone Hyperion made the deal with them, otherwise they would be commiting fraud... but one way or the other it doesn't matter, what matters is if ITEC the rightfull owner of AmigaD and not just an embust, nor a shell game.

Quote:

Enough money to compensate me for all the money I spent on the OS 4.0 plans that now have to be cancelled.

Perhaps we should try to stay in focus and try to talk on this AmigaInc, not some other AmigaInc from another parallel reality...

_________________
Indigo 3D Lounge, my second home.
The Illusion of Choice | Am*ga

@Spectre660

Quote:

Amiga(D)and co sort of glossed over instead of detailing . Makes then look kind of like con artists

Agree totally. Have been called a troll in the past for bringing this exact subject up in the past. Hide the assets and duck the debts shell game. Still does not give Hyperion the right to the ip over Tronman ect... Stealing from a thief is still criminal. I guess there is truth in the saying "no honor among theives".

@pixie

Quote:

pixie wrote: Contracts are the ultimate stage, they do not show out of thin air, it is clear that ITEC presented themselves as the next AMIGA and on that basis and that alone Hyperion made the deal with them, otherwise they would be commiting fraud... but one way or the other it doesn't matter, what matters is if ITEC the rightfull owner of AmigaD and not just an embust, nor a shell game.

Its not clear that occurred at all from any of the actual documents presented. This case isnt about a company called Amiga, its about a company called Itec who bought something from a company called Hyperion and didnt get it delivered. Nothing in the 2003 contract says Itec is a successor, nothing presented has shown that Itec in any way faked out Hyperion that they were a successor. Hyperion made a deal, now they need to live up to it, its that simple, because even an AI(W) insolvency (that didnt occur) prevents Itec from getting the OS per the 2003 contract.

Quote:

Perhaps we should try to stay in focus and try to talk on this AmigaInc

Actually this thread is about Itec, we shouldnt be talking about Amiga Inc at all on this thread.
-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.

@Tigger

Quote:

what on earth makes you believe that they are going to win in New York against Itec?

Because the New York case will be joined to the Washington case and the judge will be "confused".

@Tigger
Quote:

This case isnt about a company called Amiga

This case is nothing but Amiga...

Quote:

Actually this thread is about Itec, we shouldnt be talking about Amiga Inc at all on this thread.

Then sue me...

_________________
Indigo 3D Lounge, my second home.
The Illusion of Choice | Am*ga

@Chip

Good luck with that joined in Washington thing. I see KMOS/AI folding their case and closing their doors very shortly. The case in Washington will be over before it starts.

ITEC, as first creditor to KMOS will take back the OS4 Contract and OS4 IP.

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Avatar babe - Monica Bellucci.

@wolfe

Quote:

Good luck with that joined in Washington thing. I see KMOS/AI folding their case and closing their doors very shortly. The case in Washington will be over before it starts.

They can't do that now that Hyperion submitted counterclaims.

Quote:

ITEC, as first creditor to KMOS will take back the OS4 Contract and OS4 IP.

Is ITEC a first secured creditor of KMOS? I thought it was claimed that they were first secured creditor of Amiga Washington. None of which have we seen any proof of, of course, thus such claims are nothing more than thin air, but even if it was the case it would not help AInc.

Well, now that the City of Kent had dropped the Amiga naming rights, KMOS can no longer even attempt to claim they are the major user of the trademarks that they never owned.

The naming rights was a facade to claim trademark use and ownership.

Now the judge has more fuel to allow Hyperion full use of the trademarks. Once that is done, Hyperion can give ITEC all the source code it wants. Meanwhile Hyperion gains total ownership of the trademarks and ITEC can't use the Amiga name in vane again. ITEC will not be able to release a substaintial upgrade to 4.0 much less call it Amiga OS 5.0 and Hyperion resumes development and marketing.

Just because ITEC has the source, Amiga OS4.0 is still copyrighted by Hyperion. They can sell it all day and night and since they will own the Amiga trademarks, they can port it to any hardware.

This is what will happen. You've been warned.

@Lou

wow, what would we all do without your insight?

if wishes were horses, eh?

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@all

Might not be a bad idea to keep an eye here the next day or two, since recent events in Kent may signal a change in approach:

http://news.justia.com/cases/amigahyperion/370498

#6

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This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

@Lou

The judge can't give Hyperion what they are asking for.

A. If KMOS/AI don't own the IP - who does. It belongs to someone, and that ain't Hyperion. AI.W?

B. AI.W = Auction to the highest bidder. 2001 contract nul and void. Hyperion has the OS but no Amiga trademarks.

C. Hyperion still has to deal with their 2003 contract.

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Avatar babe - Monica Bellucci.