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      /  The lawsuit... a never ending story.
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AmigaBlitter 
The lawsuit... a never ending story.
Posted on 22-Apr-2008 21:03:14
#1 ]
Elite Member
Joined: 26-Sep-2005
Posts: 3502
From: Unknown

http://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2007cv00631/143245/103/0.html

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Benji 
Re: The lawsuit... a never ending story.
Posted on 22-Apr-2008 21:22:10
#2 ]
Cult Member
Joined: 1-Nov-2003
Posts: 573
From: Cheltenham or London, UK

@AmigaBlitter

At least the show hasnt been canned completely - the new season starts in June...

Lets hope we get some answers to all the puzzles...

Its scheduled to end in May 2010.




Oh wait I got a bit Lost there, I am thinking of another show...

(Though thinking about it there are similarities, Hyperion are on the island and the freighter crew are sent in by Amiga Inc! But who are the good guys really?!!!)

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Rudei 
Re: The lawsuit... a never ending story.
Posted on 22-Apr-2008 22:47:45
#3 ]
Elite Member
Joined: 20-Nov-2002
Posts: 3589
From: Dallas, Texas

@Benji

I give it to Xmas, then I'm out.

Rude!

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logicalheart 
Re: The lawsuit... a never ending story.
Posted on 22-Apr-2008 22:50:52
#4 ]
Cult Member
Joined: 2-Dec-2003
Posts: 694
From: Sandy, Utah. USA

@AmigaBlitter

I wonder if this is a delay tactic by AmigaInc.,
or if they doubt the merit of their own accusations against Hyperion,
or if they just wanted to sue first, and come up with a reason afterwards?
Or maybe a bit of all those?

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Tigger 
Re: The lawsuit... a never ending story.
Posted on 22-Apr-2008 22:58:08
#5 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@logicalheart

Quote:

logicalheart wrote:
@AmigaBlitter

I wonder if this is a delay tactic by AmigaInc.,
or if they doubt the merit of their own accusations against Hyperion,
or if they just wanted to sue first, and come up with a reason afterwards?
Or maybe a bit of all those?


Hyperion has been delaying the suit since it started, they pulled the delay on this and it is their lawyer who is going to be "unavailable" for next 35 days. Hyperions objection to the amended complaint was another delaying tactic, plus of course we have the two additional suits they have filed to further muddy the waters.
-Tig

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mike 
Re: The lawsuit... a never ending story.
Posted on 22-Apr-2008 23:03:49
#6 ]
Regular Member
Joined: 31-Jul-2007
Posts: 406
From: Alpha Centauri

Amiga has 6 of the buggers, why do they all need leave?

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,,,
(Oo)
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Couldn't care less what other people think, seeing that there's concrete evidence they don't.

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TheDaddy 
Re: The lawsuit... a never ending story.
Posted on 22-Apr-2008 23:12:25
#7 ]
Elite Member
Joined: 30-Sep-2005
Posts: 4499
From: Quattro Stelle

@mike

The best thing to do is to ignore them.

As long as I have the Minimig (fully compatible) and maybe the Natami then I am quite happy.

Let's be honest, there is no way Amiga will ever be back to its former glory. Its management team has always been a thorn in Amiga's side...quite a big bunch of incompetent and greedy people, so day after day I am getting more and more convinced that Amiga is a lost cause.

Let's concentrate on stuff that is tangible. I am enjoying my Amigas, Minimig and hopefully a Natami, in the meantime a fast pc with great games (Crysis!)

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mike 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 0:29:23
#8 ]
Regular Member
Joined: 31-Jul-2007
Posts: 406
From: Alpha Centauri

@TheDaddy

Hehe yeah, but they are ahead in the 20/21th century missmanagment awads! My neck hairs have been working out lately playing doom3, well atleast a bit, i got quite sic of it when i found myself walking in circles in the delta labs.

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Couldn't care less what other people think, seeing that there's concrete evidence they don't.

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damocles 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 1:17:39
#9 ]
Super Member
Joined: 22-Dec-2007
Posts: 1719
From: Unknown

@mike

Quote:
Amiga has 6 of the buggers, why do they all need leave?


Kinsel is Hyperion's lawyer, he is the one wanting leave.

Dammy

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Dandy 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 6:11:34
#10 ]
Elite Member
Joined: 24-Mar-2003
Posts: 3049
From: Cologne * Germany

@damocles

Quote:

damocles wrote:
@mike

Quote:


Amiga has 6 of the buggers, why do they all need leave?



Kinsel is Hyperion's lawyer, he is the one wanting leave.



Hmmmmm - what I read in the court document is:
"This matter is before court for a ruling on plaintiff's motion to leave to file an amanded complaint."

In the header of this page you can read:


"AMIGA,INC., a Delaware corporation,
Plaintiff,
v.
HYPERION VOF, a Belgium corporation,
Defendant."


So it should be clear that AInc's lawyers are the ones wanting the leave...

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Chuckt 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 8:18:09
#11 ]
Regular Member
Joined: 22-Feb-2008
Posts: 445
From: Unknown

@Rudei

Quote:

Rudei wrote:
@Benji

I give it to Xmas, then I'm out.

Rude!


Well, look at the bright side. Maybe Solid State Drives will be perfected by then so we can have something decent by when and if Amiga ever comes out with new hardware. I was reading on another forum that their 5400 RPM laptop was faster than their SSD (Solid State Drive) because it took two days to write to it.

What could be the possibilities for this lawyer tactic? Are they in secret negotiations to settle the lawsuit? Are they short of cash for the lawsuit? Are they making the lawsuit more expensive for the other side? Are they trying to find another lawyer to take the case? Or did one side run out of ideas and need time to re-think the lawsuit?

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sicky 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 8:46:07
#12 ]
Elite Member
Joined: 11-Mar-2003
Posts: 2843
From: Essex, UK

@Rudei

Quote:
I give it to Xmas, then I'm out.


I was one of the keenest Amigans around, an OS4 beta tester and constantly campaigned for everything Amiga doing shows all over the country (Birmingham, Essex, Bath, Newcastle and Alt Woa etc.) I still help to run SEAL but am now very happy with my iMac and all things Apple which is why SEAL carries on with Mac OS (South Essex Apple Link), although we do still have some Amiga only members you can count them on one hand!

It is time to move on for me, I can't be waiting forever to use again what was once my favourite computer, Mac OSX is without doubt far better than Amiga OS ever was, which is a hard thing to admit.

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Benji 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 9:18:41
#13 ]
Cult Member
Joined: 1-Nov-2003
Posts: 573
From: Cheltenham or London, UK

@Dandy

There is also mention that the defense has a "Notice of Unavailability" and "in light of" which they dont have to answer until June...

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Derfs 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 10:02:55
#14 ]
Cult Member
Joined: 8-Mar-2003
Posts: 787
From: me To: you

@Dandy

Quote:

Dandy wrote:
@damocles

Quote:

damocles wrote:
@mike

Kinsel is Hyperion's lawyer, he is the one wanting leave.



Hmmmmm - what I read in the court document is:
"This matter is before court for a ruling on plaintiff's motion to leave to file an amanded complaint."

In the header of this page you can read:


"AMIGA,INC., a Delaware corporation,
Plaintiff,
v.
HYPERION VOF, a Belgium corporation,
Defendant."


So it should be clear that AInc's lawyers are the ones wanting the leave...


i suggest you re-read it as you are wrong. Amiga won the motion (as you stated its for leave to file an amanded complaint) and at the end state that defendants lawyer is unavailable.

you can even see this in #102 where he states it himself!

if you miss a simple thing like this, what else do you misunderstand?

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TheDaddy 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 10:15:43
#15 ]
Elite Member
Joined: 30-Sep-2005
Posts: 4499
From: Quattro Stelle

@mike

I just urge anyone who is unhappy with this situation to just move on and keep an eye on the Amiga front...

Don't miss out on great games like WOW, D3, Q4, Crysis, HL2. Get yourself a pc with a decent graphics card and have fun, otherwise you'll just get as bitter and bitter, just like me!

I am having fun with my basic A1200, A600 and Minimig but I am also blasting away baddies on a quad cpu with a Crossfire graphics cards set up...awesome!

I can't believe Amiga/Hyperion are doing this to us and to the Amiga name.

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Slick 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 13:37:40
#16 ]
Regular Member
Joined: 20-Dec-2003
Posts: 215
From: Sunshine, Melbourne, Victoria, Australia

@Derfs

So it should be clear that AInc's lawyers are the ones wanting the leave...
[/quote]

i suggest you re-read it as you are wrong. Amiga won the motion (as you stated its for leave to file an amanded complaint) and at the end state that defendants lawyer is unavailable.

MC>The defendant is Hyperion.

MC>Amiga is the plaintiff.

you can even see this in #102 where he states it himself!

if you miss a simple thing like this, what else do you misunderstand?[/quote]

MC> Quite true...

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Slick 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 13:50:32
#17 ]
Regular Member
Joined: 20-Dec-2003
Posts: 215
From: Sunshine, Melbourne, Victoria, Australia

@AmigaBlitter

Amiga will simply redraft a new complaint... which will summarise facts as they have been proven to the court... and thus will avoid the tendency to re-argue points that are no longer relevant.

This should prove popular with anyone who is following the case as it ought to be easier to read.

Given the obvious delaying tactics used by Hyperion the case might finish by the end of the year.

2 years for a case like this is about normal. Remember that this OS4 fiasco has been on the boil since about 2000... that's 8 years!!!! 2 years isn't so bad!

At the end of this OS4 can be distributed with new hardware again... at the moment it can't.

...that's why they're in court!!!



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abalaban 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 14:06:45
#18 ]
Super Member
Joined: 1-Oct-2004
Posts: 1114
From: France

@All

IANANE (I Am Not A Native English but I guess all your understanding problems come from the fact that many of you are forgetting that in english "leave" not only means "to quit" but also "to seek permission for" and that is exactly what Ainc is try doing : they are seeking permission to amend their initial complaints. And this was just granted by the court with this very document.

Oh and being "unavailable" does not mean that you are "leaving" the suit, Hyperion's lawyer just informed the court that he will be busy on other things and asked the court to not enforce anwser delay that he will not be able to meet because of this unavailability (that was also granted)

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The_Editor 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 14:16:30
#19 ]
Elite Member
Joined: 7-Mar-2003
Posts: 7629
From: 192.168.0.02 ..Pederburgh .. Iceni

@sicky

Quote:

by sicky on 23-Apr-2008 8:46:07

@Rudei

Quote:
I give it to Xmas, then I'm out.


I was one of the keenest Amigans around, an OS4 beta tester and constantly campaigned for everything Amiga doing shows all over the country (Birmingham, Essex, Bath, Newcastle and Alt Woa etc.) I still help to run SEAL but am now very happy with my iMac and all things Apple which is why SEAL carries on with Mac OS (South Essex Apple Link), although we do still have some Amiga only members you can count them on one hand!

It is time to move on for me, I can't be waiting forever to use again what was once my favourite computer, Mac OSX is without doubt far better than Amiga OS ever was, which is a hard thing to admit.


. . . . . . . . . . . . . . . . . . . . . . . . . . . Echoes !! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Hans 
Re: The lawsuit... a never ending story.
Posted on 23-Apr-2008 14:40:36
#20 ]
Elite Member
Joined: 27-Dec-2003
Posts: 5033
From: New Zealand

@Tigger

Quote:

Tigger wrote:
Hyperion has been delaying the suit since it started, they pulled the delay on this and it is their lawyer who is going to be "unavailable" for next 35 days. Hyperions objection to the amended complaint was another delaying tactic, plus of course we have the two additional suits they have filed to further muddy the waters.
-Tig


So when A Inc object to Hyperion's documents, it's a good counter action; but, when Hyperion objects, they're just stalling. When A Inc. adds another lawsuit it's a masterful tactic, but when Hyperion does, they're just "muddying the waters."

Suggesting that Mr Kinsel's unavailability not genuine is overly presumptuous. He may have genuine reasons why he can't be there that are unrelated to the case.

@all
We all know that this is going to take years unless they come to their senses and settle out of court.

Hans

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