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/  Forum Index
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      /  The Amiga Court Case: Date for mediation set for November 20, 2008
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Dandy 
The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 5:48:45
#1 ]
Elite Member
Joined: 24-Mar-2003
Posts: 3049
From: Cologne * Germany

Court doc #117 is out:

"These two related cases are hereby REFERRED to the Hon. J. Kelley Arnold, United States Magistrate Judge, for the purpose of conducting a settlement conference in lieu of mediation, pursuant to Local Rule 39.1(e). The Court has set November 20, 2008 as date for this settlement conference. The specific time and place, as well as requirements for settlement memoranda, shall be set by Judge Arnold'S chambers.

Dated this 25 Day of August 2008."

_________________
Ciao

Dandy
__________________________________________
If someone enjoys marching to military music, then I already despise him.
He got his brain accidently - the bone marrow in his back would have been sufficient for him!
(Albert Einstein)

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Manu 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 6:26:28
#2 ]
Super Member
Joined: 4-Feb-2004
Posts: 1561
From: Unknown

@Dandy

http://www.youtube.com/watch?v=3khTntOxX-k

_________________
AmigaOS or MorphOS on x86 would sell orders of magnitude more than the current,
hardware-intensive solutions. And they'd go faster.-- D.Haynie

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QuBe 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 6:29:06
#3 ]
Super Member
Joined: 3-Dec-2006
Posts: 1073
From: Dunes of Uridia

@Dandy

Could this be truly the beginning of the end of the Amiga curse? Are we seeing light at the end of the tunnel? Is a new ERA about to begin... or is it the beginning of a new evil?

Q!

"aLL RoAdS LeAd TOo HoMe"

Last edited by QuBe on 27-Aug-2008 at 01:17 PM.

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Dandy 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 6:30:33
#4 ]
Elite Member
Joined: 24-Mar-2003
Posts: 3049
From: Cologne * Germany

@QuBe

Quote:

QuBe wrote:
@Dandy

Could this be truly the beginning of the end of the Amiga curse? Are we seeing late at the end of the tunnel? Is a new ERA about to begin... or is it the beginning of a new evil?

Q!

"aLL RoAdS LeAd TOo HoMe"



I'd say "That remains to be seen!" to all of that...

_________________
Ciao

Dandy
__________________________________________
If someone enjoys marching to military music, then I already despise him.
He got his brain accidently - the bone marrow in his back would have been sufficient for him!
(Albert Einstein)

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CodeSmith 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 6:37:34
#5 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3045
From: USA

@Dandy

Too bad it couldn't have happened before amiwest. Ah well...

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tonyw 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 7:02:22
#6 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3239
From: Sydney (of course)

@CodeSmith

... or before < any date you care to mention> ...

_________________
cheers
tony

Hyperion Support Forum: http://forum.hyperion-entertainment.biz/index.php

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CodeSmith 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 7:17:13
#7 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3045
From: USA

@tonyw

I worry that by settling so late in the year, they won't be able to take advantage of any christmas sales.

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Benji 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 9:10:09
#8 ]
Cult Member
Joined: 1-Nov-2003
Posts: 573
From: Cheltenham or London, UK

@Dandy

http://uk.youtube.com/watch?v=TTev6og-edU

I wouldnt expect it to be a perfect result.

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NoelFuller 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 13:04:37
#9 ]
Cult Member
Joined: 29-Mar-2003
Posts: 926
From: Auckland, New Zealand

@Dandy

Neither mediation or a Settlement conference can possibly succeed unless the participants are prepared to set aside claim and blame in favour of a mutually agreed course that leaves everyone in a position to get on with their business.

If they do not achieve this then it is back to claim and blame and a decision by a jury.

Noel

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jahc 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 13:46:54
#10 ]
Elite Member
Joined: 30-May-2003
Posts: 2959
From: Auckland, New Zealand

@Dandy

Sounds like great news. But what do both parties really want? Does Hyperion want to be compensated heavily for OS4 development, or do they want to keep OS4? Does Amiga Inc want to sell OS4 to Hyperion, or get it back completely?

Would they want to continue some sort of working relationship even? Where Hyperion develops OS4 and Amiga Inc collect royalties?

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DBAlex 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 13:53:01
#11 ]
Cult Member
Joined: 23-Jul-2006
Posts: 756
From: UK

@Manu

Its more like this:
http://www.youtube.com/watch?v=Vl77n0-Ga98

Where the "pidgeon" is Hyperion on AInc's side and AInc on Hyperions...

_________________
A1200, 68060/64MB/1.2GB/WiFi/AGAtoCRT/OS3.9 Pegasos I, G3 600Mhz/512/9200SE/80GB WinUAE, Ryzen 5 2400G/Vega11, 8GB DDR4, 256GB SSD,Win 10 Pro x64 Amiga Forever !

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Plaz 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 14:58:40
#12 ]
Super Member
Joined: 2-Oct-2003
Posts: 1573
From: Atlanta

@QuBe

Quote:
Could this be truly the beginning of the end of the Amiga curse?


For some reason the first thought that springs to mind after reading this is a Monte Python line.....

"Bring out your dead!"

But I hope this means the beginning of something positive. Too bad it's yet another 2 months away just to get an audeince with the arbitor. How long after that, and will they even reach an agreement?

Plaz

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DFergATL 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 15:04:23
#13 ]
Member
Joined: 19-Oct-2003
Posts: 29
From: Unknown

Every so often I come to this site just to see what is up with Amiga. While I am glad that it would seem there is an end to this mess in sight. I can with certainty that by this time I will not buy any OS4 hardware. I have no confidence in either company. Sad really, a few YEARS ago I was all excited about getting my hands on OS4. I wish them the best of luck.

Last edited by DFergATL on 27-Aug-2008 at 03:04 PM.

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Xenic 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 15:24:46
#14 ]
Super Member
Joined: 2-Feb-2004
Posts: 1246
From: Pennsylvania, USA

@Dandy


Quote:
If someone enjoys marching to military music, then I already despise him.He got his brain accidently - the bone marrow in his back would have been sufficiant for him!(Albert Einstein)


It seems ironic that the man who signed a letter to President Roosevelt recommending the development of the Atomic bomb has such distain for the most innocuous military activity (marching). Modern post-mortem analysis has discovered that it was Einstein who received his brain by accident. The area of his brain (operculum) responsible for speech, reading and writing was malformed; which may explain why he misspelled the word "sufficiant"

_________________
X1000 with 2GB memory & OS4.1FE

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Hypex 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 17:14:59
#15 ]
Elite Member
Joined: 6-May-2007
Posts: 11009
From: Greensborough, Australia

@QuBe

"aodedooe"
That makes no sense.

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COBRA 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 18:22:57
#16 ]
Super Member
Joined: 26-Apr-2004
Posts: 1809
From: Auckland, New Zealand

@jahc

Quote:
Does Hyperion want to be compensated heavily for OS4 development, or do they want to keep OS4?


I guess they want to be able to start making money from OS4 sales, that's why they started it after all, and the release of 4.1 also reflects this. Amiga Inc. would probably have to offer considerably more to Hyperion than the cost of development to date. If the OS was released to some up to date hardware (a PS3, or some PA-Semi based hardware or similar) it would have a lot of potential and I don't think Hyperion would want to had that over to AInc so easily.

Quote:
Does Amiga Inc want to sell OS4 to Hyperion, or get it back completely?


It's perfectly clear from what they have submitted so far in the court case that Amiga Inc want to get everything, full rights, source code, everything, they stated several times that they intend to get AmigaOS development back in-house, they don't want Hyperion to be part of the game.

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COBRA 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 18:25:19
#17 ]
Super Member
Joined: 26-Apr-2004
Posts: 1809
From: Auckland, New Zealand

@CodeSmith

Quote:
I worry that by settling so late in the year, they won't be able to take advantage of any christmas sales.


It seems that Hyperion are not holding back due to the lawsuit, as you can see they just released AmigaOS 4.1 with a large number of new and important features, and I'm sure other goodies will come before xmas too.

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CodeSmith 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 27-Aug-2008 19:33:09
#18 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3045
From: USA

@COBRA

Yeah, but what really counts (getting OS4 off the dinosaur that is the AmigaOne) can't happen this year at all. Why? simple: Hyperion said that it takes about a month to port OS4 to a new PPC platform. If after mediation the judge rules that Hyperion is allowed to keep selling OS4, and then they demo OS4 running on the SAM440 in less than a month, Amiga Inc can drag them back to court for having illegally developed the SAM440 version of OS4 before mediation was complete. Trust me, we'll probably see a lot of announcements after mediation is complete (assuming the whole thing doesn't just collapse), but nothing on the market until around February.

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umisef 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 28-Aug-2008 1:12:20
#19 ]
Super Member
Joined: 19-Jun-2005
Posts: 1699
From: Melbourne, Australia

@COBRA

Quote:
Amiga Inc. would probably have to offer considerably more to Hyperion than the cost of development to date.


Why? The value of something is not how much it cost to develop it, but how much money you can expect to make from it in the future.

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umisef 
Re: The Amiga Court Case: Date for mediation set for November 20, 2008
Posted on 28-Aug-2008 1:15:30
#20 ]
Super Member
Joined: 19-Jun-2005
Posts: 1699
From: Melbourne, Australia

@CodeSmith

Quote:
If after mediation the judge rules


It's *not* mediation, it's a settlement conference (which in the Hyperion v Amino case is *instead of* mediation).

Which means there is no "the judge rules". Either the parties agree, voluntarily, or it all goes back to where it was before the settlement conference was requested, as if that conference had never happened.

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