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      /  Itec steps forward in the Big Apple, part 2 DISMISSED
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Plaz 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 1:13:22
#101 ]
Super Member
Joined: 2-Oct-2003
Posts: 1573
From: Atlanta

@number6

And where has Tigger gone these days any way? I kinda miss his point-counter point input on these legals.

Plaz

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fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 1:42:35
#102 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@Plaz

Quote:

Plaz wrote:
@number6

And where has Tigger gone these days any way? I kinda miss his point-counter point input on these legals.

Plaz


Dunno but they removed him from the AROS to Efika port recently for missing the deadline on that and they were not able to get in contact with him for an update on what happened to his work on it. So to my understanding he has been pretty silent all around for a while now on the Amiga scene.

Last edited by fairlanefastback on 06-Aug-2008 at 01:54 AM.

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fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 1:52:45
#103 ]
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Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@number6

Quote:

number6 wrote:


Itec has planned to participate based on Eyetech being given the opportunity to attend.

Would they do this if the New York case was still pending?

Excuse me if this is an ignorant question. I'm not a lawyer, thankfully...

#6


IANAL either but since in 116 Itec, LLC v. Hyperion VOF Supreme Court of the State of New York, County of New York Index No. 602246/07 is being agreed by both parties to be one of the cases designated by both as "Related Litigation" and given the close ties between Itec and Amiga I would think they plan to keep the NY case open as further leverage while they try to negotiate in this forum in the WA case. If they can come to an agreement in WA I am sure it would include Itec having to drop its NY case and Hyperion having to drop its USPTO case.

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CodeSmith 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 4:10:59
#104 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3045
From: USA

@fairlanefastback

Remember that Tigger was working on some electronic doohickey on military aircraft. It is entirely possible he's currently doing field testing somewhere in the Middle East with no internet access.

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Dandy 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 6:32:53
#105 ]
Elite Member
Joined: 24-Mar-2003
Posts: 3049
From: Cologne * Germany

@Plaz

Quote:

Plaz wrote:
@number6

And where has Tigger gone these days any way? I kinda miss his point-counter point input on these legals.

Plaz



Yeah - I equally miss him - I'd really like to see his reaction to Eyetech attending now, as he always vehemently denied that this could or would ever happen.

Its likely he'd tell us all the parties at court are confused...

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Dandy 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 6:36:41
#106 ]
Elite Member
Joined: 24-Mar-2003
Posts: 3049
From: Cologne * Germany

@CodeSmith

Quote:

CodeSmith wrote:
@fairlanefastback

Remember that Tigger was working on some electronic doohickey on military aircraft. It is entirely possible he's currently doing field testing somewhere in the Middle East with no internet access.



So perhaps he failed to stay away from suicide bombers and is hurt and in hospital now or even worse?

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abalaban 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 15:06:40
#107 ]
Super Member
Joined: 1-Oct-2004
Posts: 1114
From: France

@Dandy

Or maybe it has something to do with its failure to port (after three dead-line extending delays) a portable OS after all the crap he put on Hyperion and Hans & Thomas Frieden about their coding skills and taking too long to remove chipset dependencies in an OS that was not designed to be portable... Just maybe.

PS: I really wish this is the real reason, that you are wrong and he's fine.

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Lou 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 15:22:42
#108 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4168
From: Rhode Island

@abalaban

Quote:

abalaban wrote:
@Dandy

Or maybe it has something to do with its failure to port (after three dead-line extending delays) a portable OS after all the crap he put on Hyperion and Hans & Thomas Frieden about their coding skills and taking too long to remove chipset dependencies in an OS that was not designed to be portable... Just maybe.

PS: I really wish this is the real reason, that you are wrong and he's fine.

That would be the ultimate irony.
His absence has been strange and I think I recal asking him about the port ~November and him saying it was almost done (but my memory could be bad about the time)...
So if he is on some top secret mission...that's one explanation...
Another is a gag order...perhaps he had more ties to the case than he led us to believe...which I mentioned in one of those ever-so-long threads that I kept being censored everytime I made sense and rebuted what was being said...

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Plaz 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 15:36:47
#109 ]
Super Member
Joined: 2-Oct-2003
Posts: 1573
From: Atlanta

@Dandy

Quote:
So perhaps he failed to stay away from suicide bombers and is hurt and in hospital now or even worse?


Perish the thought. Hopefully his job just has him working out of the country where he can't easily communicate. What ever it is, it must be serious enough he had to bail on pormised work for AROS, that sounds out of character for him.

Plaz

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Plaz 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 15:38:46
#110 ]
Super Member
Joined: 2-Oct-2003
Posts: 1573
From: Atlanta

@Lou

Quote:
Another is a gag order...perhaps he had more ties to the case than he led us to believe


A possibility, but I would think he would at least be allow to tell us that he can't tell us any more.

Plaz

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xeron 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 16:08:38
#111 ]
Elite Member
Joined: 22-Jun-2003
Posts: 2440
From: Weston-Super-Mare, Somerset, England, UK, Europe, Earth, The Milky Way, The Universe

@number6

Thats very observant of you

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fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 16:09:20
#112 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@all

Does anyone know Tigger personally enough to be able to at least report back that he is ok? I can't say I miss his posts but he is a human being and I sincerely hope his absence on the Amiga scene is not the sign of any significant problem in his life.

Short of that I'd like to suggest that we move away from any Tigger conversation in this thread as its off topic.

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number6 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 21:26:47
#113 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11534
From: In the village

@fairlanefastback

Quote:
IANAL either but since in 116 Itec, LLC v. Hyperion VOF Supreme Court of the State of New York, County of New York Index No. 602246/07 is being agreed by both parties to be one of the cases designated by both as "Related Litigation" and given the close ties between Itec and Amiga I would think they plan to keep the NY case open as further leverage while they try to negotiate in this forum in the WA case. If they can come to an agreement in WA I am sure it would include Itec having to drop its NY case and H


Hmm...
Well...1st I checked Judge ping pong

I clicked on the link from @Spectre660.
After filling out the necessary information it took me to a page which describes this case as "disposed".
*shrug*

#6

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elektro_O 
Re: Itec steps forward in the Big Apple, part 2
Posted on 6-Aug-2008 22:07:37
#114 ]
Regular Member
Joined: 7-Mar-2003
Posts: 145
From: #amiga.org @ irc.synirc.net

Hyperion won, case was dismissed (Itec v Hyperion at New York):

"The contractual language in tj 7.08 of the November 3, 2001 agreement provides
unambiguously that any dispute between the parties is to be decided in the courts of Washington.
‘The parties waived any privilege to have their claims heard elsewhere (see Boss v American
Express Pin. Advisors, Inc., 6 NY3d 242, 246 [2006]). Thus, the branch or the motion that seeks
to dismiss the coin plaint based on the forum selection clause must be granted, and the Court need
not address the alternative request for a stay pending the resolution of the Washington action.
Accordingly, it is ORDERED that the motion to dismiss is granted and the Complaint is dismissed with
cost and disbursements to defendant as taxed by the Clerk of the Court; and it is further ORDERED that the clerk is directed to enter judgment accordingly

Dated: July 30, 2008"

pdf here, "Decision - short form order"

Last edited by elektro_O on 06-Aug-2008 at 10:08 PM.
Last edited by elektro_O on 06-Aug-2008 at 10:08 PM.

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Plaz 
Re: Itec steps forward in the Big Apple, part 2
Posted on 7-Aug-2008 0:08:46
#115 ]
Super Member
Joined: 2-Oct-2003
Posts: 1573
From: Atlanta

@elektro_O

I just read the PDF also. I guess that pretty much puts a lid on that case, shifting all attention to Washington.

Plaz

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fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 7-Aug-2008 5:11:12
#116 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@elektro_O

Awesome news. Glad Tigger was wrong on what the outcome of the NY case would be. This removes some leverage from the Amiga side in whats going on in WA.

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Lou 
Re: Itec steps forward in the Big Apple, part 2
Posted on 8-Aug-2008 18:03:45
#117 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4168
From: Rhode Island

He seems to be on a bit of a losing streak with regards to these OS4 cases...
Interestingly a day after this case is closed, AmigaDontCare is ready to enter negotiations in Washington... Who would have 'thunk' it?

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umisef 
Re: Itec steps forward in the Big Apple, part 2
Posted on 8-Aug-2008 18:30:12
#118 ]
Super Member
Joined: 19-Jun-2005
Posts: 1699
From: Melbourne, Australia

@Lou

Quote:
Interestingly a day after this case is closed, AmigaDontCare is ready to enter negotiations in Washington... Who would have 'thunk' it?


Anyone with a broken calendar.

In most people's universe causality still holds, and a judge's decision on the 30th of July cannot be considered to have caused any details in a submission on the 29th of July (which, in fact, references a teleconference, which necessarily happened before that submission, and most likely also prior to the July 23rd submission).

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Lou 
Re: Itec steps forward in the Big Apple, part 2
Posted on 8-Aug-2008 18:39:34
#119 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4168
From: Rhode Island

@umisef

It's funny how things work out. 5 years from now, it will still look like the day after in the books. It's not like AmigaDC (Don't Care) shouldn't have had a contigency plan to, perhaps, negotiate incase "their best chance" at stealing the OS failed.

I mean it was soooooooooooooooo black & white, aka: open and shut, for them from the beginning....

As a lawyer did say: "The contract speaks for iteself."

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fairlanefastback 
Re: Itec steps forward in the Big Apple, part 2
Posted on 8-Aug-2008 18:51:00
#120 ]
Team Member
Joined: 22-Jun-2005
Posts: 4886
From: MA, USA

@umisef & Lou

The important thing here is that justice in NY prevailed. They didn't allow Itec to make an end run around the proper jurisdiction of the already existing and proceeding case in Washington state. Maybe Itec/Amiga had a hint of which way the decision was going to go, maybe not. Either way its good that the NY case got shutdown and that they are theoretically trying to negotiate in the WA venue now. Lets just hope Itec/Amiga doesn't insist on some crazy percentage in negotiations for some outlandish plan to want to fund another arena after Kent fell through.

Last edited by fairlanefastback on 08-Aug-2008 at 06:53 PM.
Last edited by fairlanefastback on 08-Aug-2008 at 06:52 PM.

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