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News   News : Amiga vs Thendic Update: Amiga is Back!
   posted by samface on 16-Mar-2004 4:54:36 (13536 reads)
Amiga Inc. has returned to the court, backed up with legal representation, new evidence and testimonies.

Update: Judge Robert S. Lasnik has replied to a motion (49) by Plaintiff Thendic Electronics Components to modify the order, granting specific performance. The judge denied extention of the License Agreement to include other operating systems other than the AmigaDE.

Update: MOTION for Relief from Judgment by Defendant Amiga Inc. Entered: 03/19/2004


With these resources, the defendant Amiga Inc. has managed to come up with a response to plaintiff's motion to modify order granting specific performance and no less than six declarations!

Among the names of those who have filed a declaration are:
Barrie J. Moss AKA "Fleecy" (Amiga Inc.), Evert Carton (Hyperion), Garry Hare (KMOS), Ray A. Akey (Amiga Inc.) and Bill McEwen (Amiga Inc.).

Notably, Ray A. Akey filed 11 new exhibits (exhibit A-J) along with his declaration, which are recurringly refered to throughout the defendant's response and declarations.

You can read all about it here:
http://www.mindrelease.net/amiga-thendic
    

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PosterThread
Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 12:40:14
# ]



Quote:

Poster: falemagn Date: 16-Mar-2004 2:32:52
Quote:

Royleith
Quote:

The Fleecy declaration indicates (and, only indicates) that Ainc would have done the work to port the whole thing to Pegasos if Thendic had supplied the board, operating system and technical details.



But Thendic (Genesi) did offer the board, operating system and technical details. Heck, Genesi even gave boards around for free to open source developers!

Well, someone (maybe you), should have delivered a "pizza" to Amiga Inc.'s offices, and instead of a hot tasty delicious pizza inside, a Peg board could have been in there, and RW could have taken a photograph of someone receiving it, so no bones of contention could be raised later, where they say they hadn't had a working machine for porting ADE to!


AmigaOne! AOS4.0! Any cards left on your (pp*)board????


* PegPong

 
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Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 12:51:25
# ]



Id rather have had the pizza. Pizza, mmmmm.

*drool*

 
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Hattig 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 12:59:57
#43 ]
Regular Member
Joined: 11-Mar-2003
Posts: 340
From: Cambridge, UK

Now I want to cook that pepperoni pizza I have in the freezer for lunch :(

Damned diet!

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Rogue 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 14:17:06
#44 ]
OS4 Core Developer
Joined: 14-Jul-2003
Posts: 3999
From: Unknown

Quote:
Other people ported their OSs with informations which you could have gotten hold of too, doesn't seem that impossible task you want to make it sound.


I'm sorry, where did I say that we wanted to be treated differently? We didn't. Others can port their OS as much as they like, but I don't see any purpose in trying to fish for information.

It's not wether it is impossible or not. Granted, it would probably be easy, but that isn't the point. The point is, if they *wanted* support for OS 4, they could have cooperated. They didn't so the case was closed more or less. The only parties making noise about this is the Pegasos users that wanted OS 4 and BBRV touting "someone of you will make it possible2 and all that nonsense.

Quote:
So, to summarize, what you say is that Genesi did offer you the board, but you refused.


No. To summarize: We wanted to buy a pegasos, way back when it wasn't available at all. We intendet to pay for it (a premium at that time). We asked bPlan for a cooperation. They refused both.

Later on (much later, mind you) BBRV said *on a MorphOS mailing list* that they'd offer a Pegasos to Hyperion. Others made that public. By that time we didn't see any reason for supporting the Pegasos, partly because it was limited in production run to 600 or so units, and partly because we where busy with OS 4 on the AmigaOne.

Way back when we wanted to pay for a board, they didn't want to give it to us. Later they where shouting "come get your free pegasos". That is one thing, actually performing would be a different thing altogether. Yes, we refused, because you don't do business on bulletin boards. Yes we refused because at that point a license scheme was in place to protect genuine license holders. Suddenly they where all fuzzy to get support for OS 4 this way.

Sorry, but they had their chance. They refused. If they want it, they should come back with a genuine offer for collaboration, and actually put some action behind all the talk. But as I see it now, this isn't going to happen.


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Rogue 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 14:19:39
#45 ]
OS4 Core Developer
Joined: 14-Jul-2003
Posts: 3999
From: Unknown

Quote:
Courtcases?
Feel free to point out any mistakes I've made.


I'm sorry, but you made the allegation. If you are claiming what you say is true, I invite you to actually back up your claim with facts. Just saying "courtcases" is not going to give you credibility, please present a proof for that.

Now you might argue that this isn't your job, fine. Then please stop making such claims. Or back them up.

Your call.


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IonMane 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 14:42:02
#46 ]
Cult Member
Joined: 18-Apr-2003
Posts: 550
From: Adelaide Australia.

Well that answered one of my questions about KMOS:- they do in fact have the right to use the amiga trademark as it applies to AmigaOs and Amiga1


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simplex 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 14:52:43
#47 ]
Cult Member
Joined: 5-Oct-2003
Posts: 896
From: Hattiesburg, MS

@falemagn

It's right there in the filing. According to the contract quoted by Amiga:
Quote:
Thendic will provide Amiga with immediate and full access to hardware schematics and product specifications that are reasonably necessary, ... for Amiga to integrate the Licensed Software into Thendic?s products....

Amiga goes on to explain:
Quote:
In one email, Mr. Buck indicated he attempted to deliver a Pegasos to Amiga?s office. His statement is difficult to believe because even after Amiga vacated its office it prominently placed instructions that deliveries to Amiga should be left with another building tenant. Amiga successfully received many deliveries from many sources during the time Mr. Buck claimed he was not able to deliver a Pegasos to Amiga. Amiga picked up its packages at least on a weekly basis. Amiga never received a package from Mr. Buck.


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I've decided to follow an awful lot of people I respect and leave AmigaWorld. If for some reason you want to talk to me, it shouldn't take much effort to find me.

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Agafaster 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 15:42:52
#48 ]
Super Member
Joined: 10-Mar-2003
Posts: 1413
From: West Midlands, England - sector ZZ9 plural Z alpha

Quote:
Hattig was heard to dribble:-

Now I want to cook that pepperoni pizza I have in the freezer for lunch :(


Mmmmm Piiizzzaaaa. Morrisons shuffle ? Woohoo ! beer and Pizza !

Quote:
more Hattig...
Damned diet!


"Show me a dieter and I'll show you a person who belittles themself." - Garfield. (le chat ginger rotundeau !)


_________________
XH558 - the worlds last flying Vulcan.
ok, its actually XL426 in the picture but you know what I mean.

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Loki1 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 16:14:39
#49 ]
Regular Member
Joined: 7-Mar-2003
Posts: 153
From: Pensacola, Florida USA

I think that Thendic thought that this would be like last time and Amiga would not be able to defend themselves. They could say/show whatever reguardless if true or not and they would get what they want by default.

Well guess what, fooled you!!

I think the KMOS situation was kept quite so that Thendic would hang themselves.

Seems to have worked!

Loki


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Ketzer 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 17:08:04
#50 ]
Regular Member
Joined: 9-Mar-2003
Posts: 245
From: Unknown

If the judge follows Amiga's reasoning, this would be pretty devastating to bb. Serves him well. Whats the range of penalty for misleading the court?

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Kay 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 17:34:32
#51 ]
Super Member
Joined: 9-Mar-2003
Posts: 1401
From: Norway

Nice to see them all ganging up on Buck like that, hope he gets the punishment he so strongly deserves.

Hmmm. "Amiga is back", wonder how many times I've heard that sentence...

Kay

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falemagn 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 17:49:10
#52 ]
Super Member
Joined: 24-Nov-2003
Posts: 1126
From: Italy

Quote:

I'm sorry, but you made the allegation.


Sure, and I've also stated where I got my info: from the courtdocs.

Now it's your turn to point out any mistakes I've made. Should be easy, if what I said is wrong, so easy that if you won't point out the one or more obvious mistakes I've made I'll be forced to assume that what I said is mostly or completely correct.


_________________
It is well enough that people of the nation do not understand our banking and monetary
system, for if they did, I believe there would be a revolution before tomorrow morning.

~~ Henry Ford

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Rogue 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 18:57:03
#53 ]
OS4 Core Developer
Joined: 14-Jul-2003
Posts: 3999
From: Unknown

Quote:
Now it's your turn to point out any mistakes I've made. Should be easy, if what I said is wrong, so easy that if you won't point out the one or more obvious mistakes I've made I'll be forced to assume that what I said is mostly or completely correct.


Sorry, last time I checked it was the duty of the one making the alligation to actually prove it. You cannot expect me to scan the court docs to find something that might not be there at all. Again, either prove it or don't make the claim. It's really that simple.

Now, please refer me to the appropriate court document and the page/line number, or admit that you have nothing to back up your proof.


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Steff 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 20:32:46
#54 ]
Super Member
Joined: 11-Mar-2003
Posts: 1342
From: Göteborg, Sweden

@Rogue

Don't waste your time with the "blue bunch".

Good things must be happening, because whenever they do the blue trolls start showing up here again and start either a) new rumours, b) try and dig up old ones, or if things look REALLY good for the Amiga they, c) start clamouring for cooperation with them without ever offering cooperation themselves!

Otoh, the problem may be that they have nothing themselves to offer? Maybe thats whats eating them?

Glad to hear that Amiga Inc. didn't leave this case to default. Having read through the documents earlier it looked certain that a good lawyer would be able to make a case from the facts.



_________________
Fixed A1G4XE 7455 RX933PC with fried CPU
Sapphire Radeon 9100 128mb
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FuZion 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 21:37:54
#55 ]
Super Member
Joined: 22-Nov-2003
Posts: 1962
From: Birmingham, England

Oh come on Rogue,

I read that there's these new shoes that float so you don't have to walk.

... Prove it?

Okay... I know because I read it. So there.

Seriously though, don't waste your time with people like that.

Quite simply. After all the lies that have been thrown around & if it is all proved to be true, I really DO hope BB gets what he deserves (Rogue you sly fox you)

As for Amiga, good luck guys. From where I stand, you've always come across as professional & honest business men (Even if SOME of your choices have fell flat of their faces (*Cough*Coupons*cough) but it's no worry, s*** happens.

You've kept yourselves SO composed regardless of WHAT'S been said. I truly admire that. Keeping out of the bickering & public feuds speaks a thousand more words than acting how BB has. Unprovoked & childish (I don't care if I upset him). There are MANY ways of dealing with business matters & I've seen some diabolical examples from that man.

Again, good luck Amiga!!! Good luck Garry Hare!!! Good luck Hyperion!!! Good luck Eyetech!!! And good luck all the supporters!!!!

@Hyperion

Reckon we can have a little status update now? Go on, you start the thread, that's make people wriggle. Get our mind off this, mine hurts

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mjohnson 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 16-Mar-2004 23:30:10
#56 ]
Super Member
Joined: 11-Aug-2003
Posts: 1297
From: going to and fro in the earth, and from walking up and down in it.

Can anyone explain to me what a rope-a-dope is?

Oh, and popcorn won't suffice any more, we need pizza for the next round!


- edit - I guess someone else got the same idea already...about the pizza, I mean... Oh well, would you guys mind sharing a slice or two? - edit -


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A1G4XE, OS4-pre

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DoodooHead 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 0:27:19
#57 ]
Cult Member
Joined: 8-Mar-2003
Posts: 641
From: Reno, Nevada, U.S.

Quote:
Can anyone explain to me what a rope-a-dope is?


Yeah, dance around in a circle, stay away from you opponent, cover yourself and let your opponent tire himself out without really damaging you. It is a boxing term. (Mohammed Ali)

DoodooHead


_________________
Amiga user since 1985.

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csirac 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 0:27:31
#58 ]
Regular Member
Joined: 10-Sep-2003
Posts: 333
From: Australia

@ falemagn

Quote:
Sure, and I've also stated where I got my info: from the courtdocs.


Come on now Fabio.. you're just stirring for the fun of it.

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A1200 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 1:20:59
#59 ]
Elite Member
Joined: 5-May-2003
Posts: 3086
From: Westhall, UK

Here's a good thread for a laugh (I was rather entertained anyway)

http://www.osnews.com/phorum/read.php?f=12&i=311&t=287

It started off really innocently and went nuts. I don't like the politics of Amiga personally; I like the nostalgia and have an interest in the future, but being as some people like it, why not?


_________________
Amiga A1200, 3.1 ROMs, Blizzard 1230 MKIV 64MB & FPU, 4GB DoM SSD, Workbench 3.1

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Hattig 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 3:00:44
#60 ]
Regular Member
Joined: 11-Mar-2003
Posts: 340
From: Cambridge, UK

@1200

From that thread, bbrv states:

"LazarX will see OS4 on the Pegasos within days after it is released -- that is if it ever is. Amiga belongs to the "Community" and not some self-styled saviors."

That is a clear statement of intent to pirate OS4 and hack it to get past the security measures imposed. And hasn't HE set HIMSELF up as the "self-styled saviour" of the Amiga?

Why would they want OS4 running on the Pegasos anyway? Maybe because ... MorphOS is going nowhere, and they can't afford to pay the programmers anymore? Mention "PowerPC TCP/IP stack" to a MorphOS owner ... lol.

Well the ownership of Amiga is now clear - the stuff that the "Community" is interested in is owned by KMOS LLC. A company with significant legal capability it appears. One hint of a pirated OS4 on the original Pegasos machines, or one hacked to run on the PegasosII ... and the sledgehammer with fall even more on bbrv.

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