@Lou

The only way either will get the code is if they pay for it. This is more smoke and mirrors . . .

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@Lou

Quote:

Lou wrote: @samface So I sign a deal with you to shine my shoe... Someone else shines my shoe. So now you don't have to shine my shoe? No, we had a deal, now shine my shoe.

Bad example. Having your shoe shined doesn't prevent me from honouring my obligation to shine your shoe. Let's say we make a deal that I must cut your hair, then you have someone else shave it all completely off before I get a chance to, making it impossible for me to honour my part of the deal. Still think it's a valid reason to sue?

Quote:

I don't care what you think of a 1% underpayment. What matters is what the judge thinks of it.

You state your opinion, I reply to it, and then you respond by saying that you don't care about my opinion? Well tell me, why should we care about yours then?

Quote:

Rather than speculate, I am willing to just wait to hear what the judge decides.

Fine, don't speculate then. But when you do, becasue I know you will do it anyway, don't be so surprised that others might respond to your speculations with their take on things. We all got the same right to express our opinions here.

Quote:

Quote: And their "ridicoulus demands" you are refering to would be? Oh, I don't know - paying $25,000 for an OS that cost them (per Hyperion's claims) over a million dollars to develop due to obligations not being met by both Amiga Inc. and Eyetech.

No, they don't pay $25,000 for the OS. That's just a symbolic sum for whenever Amiga Inc. would decide to take development back in house. What Hyperion got was an exclusive royalty free license to develop, market, distribute and sell AmigaOS4. You think Amiga inc. should give them the profit from the sales AND pay for their development expenses? Not even Amiga Inc. are that stupid. Considering the buyback clause was the only string attached, it was a quite favorable deal for Hyperion. So no, their not getting just $25,000, which btw turned in to $40,000, they also got all the profit from AmigaOS4 sales.

Furthermore, it was a deal drafted by Ben Hermans, at that time managing partner of Hyperion. They knew the terms of the agreement they wrote very well. They shouldn't have signed it if the terms were not acceptable. You don't draft the agreement yourself, sign it, and then complain about the terms. It's not how things work.

Quote:

Again, I'm willing to wait and see. Saying in an email that you are offering $2,000,000 and having legal documents that specify "Upon receipt of $2,000,000..." are two entirely different matters, especially when that email comes from the fingers of Bill McEwen... :cough:Kent Center:cough:....

There are arrangements to be made that would ensure a safe exchange without anyone giving anything on credit. If such simple measures would have been taken, it would actually been in Hyperions favor in court now if Amiga Inc. would've failed to pay. So that's a poor argument, really.

And please stop pretending to know everything with regards to the Kent Center. Amiga Inc. has their explanation for why the deal didn't go through, the City of Kent has theirs. Which is true is irrelevant since like I said, their credit rating is a non-issue and a failure of payment on Amiga Inc.'s behalf would've actually helped Hyperion's case.

Last edited by samface on 26-Feb-2008 at 10:49 PM.

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@samface

samface wrote:
Quote:

Having your shoe shined doesn't prevent me from honouring my obligation to shine your shoe.

Can I tattoo this on my forehead or is it copyrighted?

Last edited by hatschi on 26-Feb-2008 at 11:09 PM.

@samface

Quote:

No, they don't pay $25,000 for the OS. That's just a symbolic sum for whenever Amiga Inc. would decide to take development back in house.

You're right, they didn't pay $25,000. KMOS paid $2.5k (allegedly), Tachyon paid $5k and Itec paid (nearly) the rest. You are wrong by the way, it's not a symbolic number, it's the price for OS4. As Kouri himself wrote in an email (shown in the court docs) "McEwen will own 10%, Itec 90%".

I still find the whole payment affair beggars belief. Who in the real world would go on like this? I mean, imagine the scene:

I decide to pay my friend's credit card bill. So I post an envelope full of cash to Lloyds Bank HQ with no explanatory notes, payment slip or anything else on it. Then my friend could take the bank to court because they have acted disgracefully by not crediting his account!

Wow.

When you think about the amount of energy which has been put into writing text sustaining one side.. and the amount of the energy reading that text.. and then, how to formulate a response. and then, how to respond to that..

I'm not sure if I should congratulate you all, or send my condolances. You've done the same thing for what, 6 months, debating, discussing, elaborating, going back and forth.. and what? it means nothing, until the judge says what the judge says.

So, for the mathemathically challenged, how much of the planets resources have been COMPLETELY wasted, doing more or less nothing, during these months?

Resources which could have been used *alot more* efficiently, mind you..

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@Lou

Quote:

The Friendens and another, name escapes me, are suing KMOS and Hyperion. This is simply to make sure that ExecSG and other parts of OS4 are not haphazzardly handed over to Amiga Inc. per this lawsuit as it represents their own individual work.

I love this interpretation being parroted all the time. So, please explain why Hyperion are being SUED alongside Amiga? Suing someone is based on a DIFFERENCE of opinion; When you agree, you don't sue, you sign a memorandum of understanding.

@GuruMeditation

Quote:

So, for the mathemathically challenged, how much of the planets resources have been COMPLETELY wasted, doing more or less nothing, during these months?

I can't help but suggest that considerably more resources were wasted on talking about (and sustaining) the Troika hoax. Any comments you'd like to make on that subject?

@umisef
Quote:

I can't help but suggest that considerably more resources were wasted on talking about (and sustaining) the Troika hoax. Any comments you'd like to make on that subject?

I really can't believe you beat me to this....

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@GuruMeditation

Look from the bright side:
There is still a lot of people who take an active interest in what is happening in this courtcase, after all this time.

Imho it would be worse if there was complete silence about what happens.

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@Hans

Thanks for the correction, someone should inform the judge that the court docs are wrong. Mmmm I wonder what else submitted to the court is a lie? Either the docs submitted is a lie or.....

@umisef

Quote:

I can't help but suggest that considerably more resources were wasted on talking about (and sustaining) the Troika hoax. Any comments you'd like to make on that subject?

Didnt GuruMeditation only make 2-3 posts about Troika/Amy, ever?

@jahc

Quote:

Didnt GuruMeditation only make 2-3 posts about Troika/Amy, ever?

Something like that, yes.

Also IMHO it is unfair to accuse Guru Meditation of a hoax, since he has been very careful to not say anything without substance.

Anyway, regarding Troika, better bump an old Troika thread or start a new one, since Troika is not involved in this courtcase.

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@jahc

Quote:

jahc wrote: @umisef Quote: I can't help but suggest that considerably more resources were wasted on talking about (and sustaining) the Troika hoax. Any comments you'd like to make on that subject? Didnt GuruMeditation only make 2-3 posts about Troika/Amy, ever?

Official Partner, right?

@stew

Quote:

stew wrote: @Hans Thanks for the correction, someone should inform the judge that the court docs are wrong. Mmmm I wonder what else submitted to the court is a lie? Either the docs submitted is a lie or.....

Which Judge? Which country? Was this mentioned in court documents in the court-case(s) between Hyperion & Amiga Inc.? Or are you suggesting that the Friedens and Mr Vallinotto accidentally sued Hyperion & Amiga Inc. instead of asking for a declarative judgement?

Another correction: Rogue stated that no-one has sued Hyperion about not being paid.

Hans

Last edited by Hans on 27-Feb-2008 at 02:30 AM.

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@stew

I thought that I'd double-check the facts. Unfortunately, the document Amiga Inc. submitted as evidence (document 82, attachment 4, Exhibit W), contains an incomplete English translation, meaning that the Judge (in Washington) won't know exactly what the Belgian document says.

My Dutch comprehension is rather limited, but this is what I gather that they are asking:
- A declaration that both the defendants (a.k.a. Hyperion and Amiga Inc.) have infringed on their rights as authors of the software (Amiga OS 4) by acting as if they are the owners of all intellectual property of the developed software.
- A declaration ("to hear it said before the court that...") that the plaintiffs have authorship rights as per Annex I as per the agreements/contracts made by them with the first defendant (a.k.a. Hyperion).
- A judgement that every subsequent distribution and business with third parties without permission of the developers of this software (Amiga OS 4) will be punished with payment of damages of ¤10 000 per infraction.
- All legal costs including those incurred in the USA (probably due to translation and sending the documentation) to be payed by the defendants.

Hopefully this clarifies what's going on in that court case. If someone who actually grew up and lives in Belgium or the Netherlands wants to double-check that I translated things correctly, please do so, and PM me with any errors (I might miss that info otherwise).

Hans

Last edited by Hans on 27-Feb-2008 at 02:59 AM.

_________________
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https://keasigmadelta.com/ - More of my work.

Don't have time to re-read the whole thread, so don't know if this is already posted but here goes:


http://seattletrademarklawyer.com/blog/2008/1/23/western-district-dismisses-breach-of-contract-counterclaims.html

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@Hans

Quote:

A declaration that both the defendants (a.k.a. Hyperion and Amiga Inc.) have infringed on their rights as authors of the software by acting as if they are the owners of all intellectual property of the developed software.

But of course accusing Hyperion of infringing on their rights is just a sign of good relations, right? It's all strategy, and Hyperion is completely hip with this...

@umisef

My understanding, is that Hyperion "VOF" is not normal company but co operative organization.

there is no employment, only contractors, and folks who wants to work to getter have formed an alliance.

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@smithy

Whatever, I just can't be bothered with splitting hairs anymore. If you say that it's payment for the OS, fine. It's still not a payment for the development costs. You don't hire someone to develop a software product AND let them have the profits from the sales. You either pay for the developments costs and keep the profit from sales to yourselves or you could, as with this case, let the developers have the profit from sales as payment for the development.

And, as stated before, the terms of the contract was written by Hyperion's own managing partner. Then they signed it. They have to live with that fact.

The argument that the $25,000 would be unfair as payment is hereby declared null and viod. Let's not see it being repeated again.

_________________
Sammy Nordström, A.K.A. "Samface"

MINDRELEASE.net - The Non-Commercial Network of Digital Arts.

Samworks D & C - Professional Web Development (in Swedish)

@umisef

Quote:

umisef wrote: @Dandy ... Thus, I recommend you re-read the last 200 posts, and then come back, apologise and end this particular subthread.

Sorry, but I prefer to end it without re-reading the last 200 posts, as I'm simply lacking the time for it.

Apologise?

What for?
For having an own opinion?

AFAIR I didn't offend anyone - so why apologise?
You're overestimating your own importance, if you think I owe you an apology...

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Ciao

Dandy
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