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News   News : Amiga vs Thendic Update: Amiga is Back!
   posted by samface on 16-Mar-2004 4:54:36 (13537 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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choochy 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 11:44:53
#61 ]
Regular Member
Joined: 11-Mar-2003
Posts: 177
From: Adelaide, Australia

Check out the heat between Mike Bouma and Mr Buck. LOL!!! Some M&M's might be required!

http://www.osnews.com/phorum/read.php?f=12&i=292&t=287#reply_292

GO MIKE!!!!!!!!

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Bodie_CI5 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 12:24:28
#62 ]
Elite Member
Joined: 29-Jul-2003
Posts: 6739
From: Unknown

ROFL Choochy! Thanks for that link!


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Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 12:28:46
# ]



@A1200

Quote:
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?


Who needs soap operas when the Amiga "community" does it so well.

 
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Bodie_CI5 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 12:29:34
#64 ]
Elite Member
Joined: 29-Jul-2003
Posts: 6739
From: Unknown

Oh... and I forgot to add, that I hope some of us aren't dragged into that debate there... or I can hear the song "Who let the dogs out" begin to ring out in the neighbourhood


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Hattig 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 12:53:41
#65 ]
Regular Member
Joined: 11-Mar-2003
Posts: 340
From: Cambridge, UK

Unlike the MorphOS krew who seem to think it is their duty in life to sign up on every Amiga website and preach about MorphOS and bitch about Amiga (and the websites that tell them to get with it and to stop dragging MorphOS into every conversation) all the time, I feel no desire to sign up to their websites and do the same to them!

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emavys 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 14:09:45
#66 ]
Regular Member
Joined: 7-Dec-2003
Posts: 224
From: La Coru˝a (a nice place in the North-West coast of Spain)

Quote:

Check out the heat between Mike Bouma and Mr Buck. LOL!!! Some M&M's might be required!

http://www.osnews.com/phorum/read.php?f=12&i=292&t=287#reply_292

GO MIKE!!!!!!!!



It┤s incredible, BBRV started a war from an old post about a technical question, the funny thing is that he didn┤t read the post┤s date If he does bussiness with the same reading abilities I really think that a formidable storm is comming to shortcircuit their brains. The black days for BBRV are comming

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mjohnson 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 17:47:20
#67 ]
Super Member
Joined: 11-Aug-2003
Posts: 1297
From: going to and fro in the earth, and from walking up and down in it.

@DoodooHead

Quote:
Yeah, dance around in a circle, stay away from you opponent,

Wouldn't that be "dance like a butterfly"? (Oh, the irony, the irony! )

Quote:
cover yourself and let your opponent tire himself out without really damaging you. It is a boxing term. (Mohammed Ali)

Nope. I beg to differ. That's, like, last weeks definition. As of yesterday, rope-a-dope would more reasonably be a reference to corporate strategies.

Let's see who walks out the winner, though, the butterfly or the dope.


I must say I find it kinda ironic though that BBRV are talking about a knockout-punch yet to be delivered. (I had no idea when I made my original post that boxing references were already being made with regards to the current topic.)


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The_Editor 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 17-Mar-2004 18:02:21
#68 ]
Elite Member
Joined: 7-Mar-2003
Posts: 7629
From: 192.168.0.02 ..Pederburgh .. Iceni

Indeed .. Great link.

I check Osnews quite regularly but that slipped through.


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tomazkid 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 7:45:06
#69 ]
Team Member
Joined: 31-Jul-2003
Posts: 11694
From: Kristianstad, Sweden

And yet another round is about to begin in the boxing... oh, courtroom.


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Bodie_CI5 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 8:05:37
#70 ]
Elite Member
Joined: 29-Jul-2003
Posts: 6739
From: Unknown

Quote:
And yet another round is about to begin in the boxing... oh, courtroom.


Kewl... Let's place bets


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Bodie 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 8:10:22
#71 ]
Super Member
Joined: 9-Jan-2003
Posts: 1438
From: Azjol-Nerub

I found the last part of Garry Hare's statement rather aggressive in tone with regard to the protection of the trademarks relating to the OS (which is of course good and reassuring).

Oh, and thank you US legal system for Levander vs Prober 1999

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QuikSanz 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 8:18:57
#72 ]
Super Member
Joined: 28-Mar-2003
Posts: 1177
From: Harbor Gateway, Gardena, Ca.

Hi,

The legal system here provides that an appeal can let a person on deathrow free if, misiformation was provided in the court. When this case is over, watch for the DA to go after the misinformation giver! As I led to in a post in an earlier thread "BBRV = BBQ". Anyone for cooked goose? My Avitar is licking its lip' already. Savor it folks.

Chris

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Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 8:34:03
# ]



Point (3), misuse of source code.

Hmmmm.

 
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gemini 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 9:19:25
#74 ]
Cult Member
Joined: 13-Jan-2003
Posts: 662
From: Unknown

Am I the only one thinking "For Gods sake get this over with!", it just seems to be dragging on and on and on and on an....

Thendic, supply the information needed to port AmigaDE to your platform,
Amiga, just port the damn thing!

OK, this is very much an oversimplification of the situation, but from what I have read, it is at the heart of it. I am just sick and tired of all the Amiga-Peg/MOS confrontation. I like the Amiga and its associated OS, I personally don't have any interest in the Peg/MOS combination, but if someone else wants to go with it, I won't try and stop, convert or subvert you from doing so. I also expect the same.

I just can't wait for this to be over, OS4 out, uA1 out and me happy in my study!


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Billsey 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 10:53:59
#75 ]
Super Member
Joined: 20-May-2003
Posts: 1148
From: Look to where the waters meet in the midst of the land. It is here! St. Louis, Missouri, USA!

I just got done reading the new court documents, and my only comment is ?What an idiot!?

I wonder how decked out his spider hole is.


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GregS 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 11:13:34
#76 ]
Super Member
Joined: 28-Apr-2003
Posts: 1797
From: Perth Australia

Just read the latest six documents (19th).

Whoa, a very precise arguement for dismissing the ruling. Submission

A very neat thing. Besides the email -- the lack of co-operation in providing material to port DE, BB has shown very very clearly that he may well be a vexatious litigant (Definition: someone who goes to court in order to apply pressure outside the matter being heard -- ie an abuse of court procedures).

By itself and with nothing else this is a breach of good faith capable of nullifying any contract, in some countries it can be a contempt of court and be a serious offense in itself, but of course this is only a claim and some evidence, lots of evidence, a whole lot of evidence, it can be contested, the claim may fail, but then there are a number of other claims each in its own right capable of otherthrowning the present ruling, all of which may fail, "may" being the operative word.

Now it is true that while I sit here typing this I may be hit by an astroid, chances are that I may not, but "may" is a funny word. In the northern Hemisphere I believe May also means springtime, springtime is a good time, springtime comes just before Summer, and it comes just after, in the immotal words of the Bard placed in the mouth of a spiteful, nasty piece of work, "the winter of our discontent", well Richard III at least saw a few more summers before his demise, things went so well for Richard, for awhile, he even got boastful about it. But I wander from the topic at hand.

The legal documents.

Sorry did someone just ask for a horse?

Greg Schofield


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GregS 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 11:20:05
#77 ]
Super Member
Joined: 28-Apr-2003
Posts: 1797
From: Perth Australia

@Billsey
Quote:
I just got done reading the new court documents, and my only comment is ?What an idiot!?


Billsey, we may not see eye to eye on so many things, but the two of us on this point make a single cyclops.

I can't wait for the next installment. People pay money to see scripts like this. I might start calling Bill Buck "Richard", and not because of Shakespeare's play either.


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Greg Schofield, Perth Australia

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Duff 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 11:35:41
#78 ]
Regular Member
Joined: 13-Mar-2004
Posts: 116
From: Chesterfield

"If Amiga, Inc. had the resources to do so, it would pursue legal action to rectify this illegal use of its trademarks"


"KMOS has the necessary resources to and will prosecute individuals and/or entities whenever and wherever necessary to prevent any misuse of KMOS' intellectual property and rights, including the unauthorized display or trademarks and the compilation or other misuse or source code, and commercial interference aimed at or threatened toward KMOS and/or its commercial or distribution partners"


Well looks to me like when this judgment is over KMOS is intending to hit back and prosecute Mr Bill Bucks for his past actions or for the alleged misuse of the Amiga trademark at least.

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Toaks 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 12:48:05
#79 ]
Elite Member
Joined: 10-Mar-2003
Posts: 8042
From: amigaguru.com

to this thread.... lol..

man i am sure the judge will make a decision and the ones who lie under oath has a problem as always..

now it only depends on who has the most money for lawyers, thats usa for you all...

i wonder why amiga.inc aint selling their 19 years back log to hollywood or a book company as that would seriously be a monster hit!..

genesi can just start to pack their bags , i have said it before and i will say it again we dont need people like this, he talks for the community he thinks but as always he says one thing and does the oposite..


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Anonymous 
Re: Amiga vs Thendic Update: Amiga is Back!
Posted on 20-Mar-2004 19:46:21
# ]



Hmmm... what tickles me is Genesi being originally declared as being based in Paris, France.

Presumably this was before the dawn raids by the tax authorities and the great Pretory/Air France scandal.

 
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