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Author Topic: Rats leaving a sinking ship, or something else?  (Read 13159 times)

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Offline bhoggettTopic starter

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Rats leaving a sinking ship, or something else?
« on: September 25, 2003, 09:57:49 PM »
It seems that as of today Amiga Inc's lawyers have withdrawn their services as counsel in the case against Thendic/Genesi.

While there can be numerous explanations for such a turn of events, it does mean that unless Amiga Inc replace them quickly they may be forced to default on the case.

It sure doesn't look like a good thing to happen at this stage, from Amiga Inc.'s point of view.

(The relevant documents are available on Rich Woods' page, but I won't link to it as it contains material I do not believe should be made public. The documents are also available direct from the court clerk, of course)
Bill Hoggett
 

Offline FarQuad

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Re: Rats leaving a sinking ship, or something else?
« Reply #1 on: September 25, 2003, 10:12:57 PM »
Having just read the documents, then called Washington State to confirm their legitimacy, let's simply say that this is "interesting" to say the least.

Be careful here however because while the documents state clearly that both Shukis and the firm representing Amiga Inc have requested to withdraw as council,  it does not say why.

There are several possibilities including:

- a lack of payment (most likely)
- getting fed up with the silly tactics involved by McEwen (as shown in the deposition) (second most likely)
- a possible disclosure of facts which have come to light creating some sort of conflict which has not been disclosed.
- last but not least, personal issues for the attorneys involved

Unfortunately this does NOT automatically mean that Amiga will have to default on this case.  *IF* they can find someone stupid enough to take the case for no money, chances are that Judge Lasnik will grant a delay in order for the new attorneys to catch up and proceed.  That *is unless* the Judge decides to accept the multiple motions for sanction.

// FarQ
......
 

Offline bhoggettTopic starter

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Re: Rats leaving a sinking ship, or something else?
« Reply #2 on: September 25, 2003, 10:19:27 PM »
@FarQuad

I agree, which is why I said there could be a number of explanations.

However, whatever the reason, the timing could hardly be much worse.
Bill Hoggett
 

Offline lempkee

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Re: Rats leaving a sinking ship, or something else?
« Reply #3 on: September 25, 2003, 10:24:35 PM »
time passes and when it looks bright all falls twice as hard in the ground.... is amiga doomed ?

i am getting sick of this i need some postive news soon...
Whats up with all the hate!
 

Offline T_Bone

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Re: Rats leaving a sinking ship, or something else?
« Reply #4 on: September 25, 2003, 10:25:54 PM »
Hmmm... wonder if the judge will see this as a "stunt" in light of prior events.
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Offline FarQuad

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Re: Rats leaving a sinking ship, or something else?
« Reply #5 on: September 25, 2003, 10:27:27 PM »
The Judge more than likely held a conference with the attorneys involved to discuss the exact reason.  The reason does not have to be disclosed in court case documentation.
......
 

Offline sdesros

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Re: Rats leaving a sinking ship, or something else?
« Reply #6 on: September 25, 2003, 10:28:16 PM »
I don't know... I read into it wondering if it was some sort of delay tactic myself, but it's not without risk.   (Unless AI has already a replacement set up and will request a delay.)

I wonder how long will it take for the conspiracy theorists to say that the lawyers were "bribbed" to drop the case.  :-?  Oops, I guess I shouldn't give anyone any ideas.  :-P
Steph
 

Offline bhoggettTopic starter

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Re: Rats leaving a sinking ship, or something else?
« Reply #7 on: September 25, 2003, 10:28:39 PM »
Just one more thing: for those confused by the withdrawal document, no confirmation is yet available AFAIK that the judge has GRANTED the withdrawal request. (the document is not signed)

Of course, it's hard to see why the judge would reject the request though.

This, and the fact that I was unwilling to supply a direct link, is why I did not post this as "news".
Bill Hoggett
 

Offline T_Bone

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Re: Rats leaving a sinking ship, or something else?
« Reply #8 on: September 25, 2003, 10:29:01 PM »
Quote

lempkee wrote:
time passes and when it looks bright all falls twice as hard in the ground.... is amiga doomed ?

i am getting sick of this i need some postive news soon...


Amiga gets money if they LOSE, I have no IDEA why they are fighting this battle, it's in their OWN interests, that's why they made the deal in the first place.
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Offline JoannaK

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Re: Rats leaving a sinking ship, or something else?
« Reply #9 on: September 25, 2003, 10:38:46 PM »
Ah well. somehow I can't belive those licensing fees comign from
Genesi would save Ainc anynore. But, if those help people to get their
years delayed salaries.. it's not bad..
 

Offline mikeymike

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Re: Rats leaving a sinking ship, or something else?
« Reply #10 on: September 25, 2003, 10:40:39 PM »
Quote
It seems that as of today Amiga Inc's lawyers have withdrawn their services as counsel in the case against Thendic/Genesi.


Where did you hear/read this, out of interest?
 

Offline SidMan

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Re: Rats leaving a sinking ship, or something else?
« Reply #11 on: September 25, 2003, 10:42:18 PM »
@TBone,

Quote
Amiga gets money if they LOSE, I have no IDEA why they are fighting this battle, it's in their OWN interests, that's why they made the deal in the first place.


Hi, I've been away for a while so I'm trying to catch up with all the info. Can you explain to me the above? How exactly will they make money?

Cheers,

SidMan.
 

Offline SidMan

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Re: Rats leaving a sinking ship, or something else?
« Reply #12 on: September 25, 2003, 10:45:55 PM »
Ok, I think JoannaK answered my question there.

((Grumble), I'm a bit out of touch with everything at the moment.)
 

Offline bhoggettTopic starter

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Re: Rats leaving a sinking ship, or something else?
« Reply #13 on: September 25, 2003, 10:47:59 PM »
@mikeymike

The news is on ANN and MooBunny, including the link. Like I said, the source is the same as for all the rest of the court documents.

I did read the documents before posting, in case you were wondering. I did not check with the court personally, nor will I do so in the future, as I don't have enough personal interest invested to justify the expense.
Bill Hoggett
 

Offline T_Bone

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Re: Rats leaving a sinking ship, or something else?
« Reply #14 on: September 25, 2003, 10:48:21 PM »
Quote

SidMan wrote:
@TBone,

Quote
Amiga gets money if they LOSE, I have no IDEA why they are fighting this battle, it's in their OWN interests, that's why they made the deal in the first place.


Hi, I've been away for a while so I'm trying to catch up with all the info. Can you explain to me the above? How exactly will they make money?

Cheers,

SidMan.


If Genesi win the case and Amiga is held to the contract, Amiga gets paid $4.50 in license fees for each of Genesi's machines sold capable of running DE. In addition, Amiga may charge Genesi for the costs involved in the port.

That's not to mention Amiga will now be exposing their DE to the ENTIRE Amiga community, not just one side of the fracture.

Amiga sees this as a loss, for "personal" reasons, but as a buisness event, it's a win.
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