Welcome, Guest. Please login or register.

Author Topic: Is this thread for real? (AInc has <$100)  (Read 11465 times)

Description:

0 Members and 1 Guest are viewing this topic.

Offline Targhan

  • Hero Member
  • *****
  • Join Date: Feb 2002
  • Posts: 818
    • Show only replies by Targhan
    • http://www.geocities.com/targhan_aga
Re: Is this thread for real? (AInc has <$100)
« Reply #14 on: September 09, 2003, 07:53:02 AM »
:-(  That's all I have to say for the moment, " :-( ".
Regards,
Targhan
 

Offline T_Bone

  • Hero Member
  • *****
  • Join Date: Jun 2002
  • Posts: 5124
    • Show only replies by T_Bone
    • http://www.amiga.org/userinfo.php?uid=1961
Re: Is this thread for real? (AInc has <$100)
« Reply #15 on: September 09, 2003, 08:48:03 AM »
edit: Like I said somewhere, Amiga doesn't know the difference between an "investor", who's investment can be risked, from a "customer", who's money is taken in exchange for product or service, without being exposed to "risk." It's quite clear from what we know now, that they fully intended the customers money to be gambled and exposed to risk.

They do not deserve anyones business. At least the INVESTORS *KNOW* about the risk, there's simply NOT ONE excuse for exposing CUSTOMERS money to this risk, under the guise of normal sales.

If it's a risk, it should be disclosed beforehand as an "investment". Anything else is FRAUD. :-x

The more I hear about the specifics, the madder I get. I should just stop reading about them once and for all. :-(
this space for rent
 

Offline weirdami

  • Hero Member
  • *****
  • Join Date: Jan 2003
  • Posts: 3776
    • Show only replies by weirdami
    • Http://Bindingpolymer.com
Re: Is this thread for real? (AInc has <$100)
« Reply #16 on: September 09, 2003, 09:43:18 AM »
I started reading that pdf file that's linked to from that page. Can anyone tell me if pages 7-36 conatin anytthing else besides just the court papers filed (allegedly) by Thendic's lawyers? I guess I could just keep reading. Are there any Amiga documents, or just the Thendic stuff? Are we being fed one sided info (or "info")?

And, I'd like to add that maybe Thendic (if the documents in this pdf are not fake) should get a lawyer who can spell correctly all the time.

on page 6 "... and there testify in the above captioned mater."

I was wondering whose mother was being captioned. :-P
----
Binding Polymer: Keeping you together since 1892.
 

Offline Hooligan_DCS

  • Hero Member
  • *****
  • Join Date: Jul 2002
  • Posts: 522
    • Show only replies by Hooligan_DCS
Re: Is this thread for real? (AInc has <$100)
« Reply #17 on: September 09, 2003, 09:59:08 AM »
@Weirdami

http://www.ann.lu/comments2.cgi?show=1062986091&category=forum&number=155#comment


I advise to read the whole thread to understand better.
 

Offline greenboy

  • Sr. Member
  • ****
  • Join Date: Dec 2002
  • Posts: 321
    • Show only replies by greenboy
    • http://PhiNiXi.com
Re: Is this thread for real? (AInc has <$100)
« Reply #18 on: September 09, 2003, 10:01:13 AM »
>And, I'd like to add that maybe Thendic (if the documents in this pdf are not fake) should get a lawyer who can spell correctly all the time.

Says the guy who types a small post with "Can anyone tell me if pages 7-36 conatin anytthing" near the top - LOL ;  } ...This guy's had to type thousands of pages of legal docs and he misses a "t" once in awhile. Oh well. I know the feeling; I'm crap at tpynig...
<-- greenboy ---<<<<
 

Offline DaveP

  • Hero Member
  • *****
  • Join Date: Feb 2002
  • Posts: 2116
    • Show only replies by DaveP
Re: Is this thread for real? (AInc has <$100)
« Reply #19 on: September 09, 2003, 10:01:59 AM »
Yes its a Thendic deposition, and not a judges opinion or ruling.

During the cross examination, the Thendic ambulance chaser ( I hate lawyers ) tried to establish three things only:

1. What income, if any, Amiga Inc had and the details of said business contracts.

2. That Bill McEwan was an unreliable witness not to be trusted through establishing debt, previous lost court cases, and questioning the health claims.

3. That Amiga Inc's counter claim and counter sue items were capped by the amount of income passed from Thendic to Amiga Inc.

So, nothing intensive to do with the facts of the case, whether or not Amiga Inc broke contract or whether or not Thendic fulfilled its part of it.

The fact that he spent so much time on (3) suggests he is actually concerned that a counterclaim/sue might succeed and wants to limit the damages by getting Bill McEwan to agree that the damages in general are limited.

I learned two things from this, (1) That Amiga Incs employees are working on a voluntary basis and (2) The Thendic case is weak enough for their legal representative to try all these diversionary tactics as point (3) is the most telling. I would have expected more of an attempt to say "do you agree that the Pegasos is a device covered under section xx.x ?" to establish the strength of the case against the defendant.

Given one can get that from the Thendic side, I wonder what will come out when Amiga Inc cross examines Genesi personnel. Either or, lets hope that photocopies appear undedited on Rich's site.

Oh and Thendics ambulance chaser cannot spell.

I actually came out admiring Bill McEwans articulate and witty responses. Although I am amazed that he signed a contract that basically said that Thendic could do what it liked risk free ( not that it COULD do what it liked, but if it did it then it wouldn't cost them anything ).

What did happen to the SmartBoy and Thendics Wince license?
Hate figure. :lol:
 

Offline weirdami

  • Hero Member
  • *****
  • Join Date: Jan 2003
  • Posts: 3776
    • Show only replies by weirdami
    • Http://Bindingpolymer.com
Re: Is this thread for real? (AInc has <$100)
« Reply #20 on: September 09, 2003, 10:05:54 AM »
@hooligan

You mean I gotta read an annlu thread? :cry:

Anyhoo, thanks. I was gonna ask why there's lots of missing depo pages. Now I ain't gotta.
----
Binding Polymer: Keeping you together since 1892.
 

Offline PhatBoiCollier

  • Full Member
  • ***
  • Join Date: Feb 2002
  • Posts: 114
    • Show only replies by PhatBoiCollier
    • http://www.tirinoarim.co.uk
Re: Is this thread for real? (AInc has <$100)
« Reply #21 on: September 09, 2003, 10:06:28 AM »
I agree, thats being a little harsh.  At the end of the day, we all make smelling pistakes once in a while.
There are 10 types of people in this world.
Those that understand binary and those that dont.
 

Offline DaveP

  • Hero Member
  • *****
  • Join Date: Feb 2002
  • Posts: 2116
    • Show only replies by DaveP
Re: Is this thread for real? (AInc has <$100)
« Reply #22 on: September 09, 2003, 10:07:45 AM »
With that frequence? What about the fact that
he spells his previous clients' name wrong also.
Hate figure. :lol:
 

Offline greenboy

  • Sr. Member
  • ****
  • Join Date: Dec 2002
  • Posts: 321
    • Show only replies by greenboy
    • http://PhiNiXi.com
Re: Is this thread for real? (AInc has <$100)
« Reply #23 on: September 09, 2003, 10:08:50 AM »
Another oh-so-subtle red pundit bites the dust with "Oh and Thendics ambulance chaser cannot spell." Possessive mit der aphotoproste, ya? ... BTW, several occurence of 'McEwan' suggest we could all use some basic pattern recog and spelling spankings from Mavis ;  }

McEwen. I think the 'ambulance chaser' got that one right.

Maybe Amiga Inc's case will be that Thendic's lawyer doesn't spell or type well or something. Wow, that's a real strong argument ; }
<-- greenboy ---<<<<
 

Offline DaveP

  • Hero Member
  • *****
  • Join Date: Feb 2002
  • Posts: 2116
    • Show only replies by DaveP
Re: Is this thread for real? (AInc has <$100)
« Reply #24 on: September 09, 2003, 10:11:19 AM »
@greenboy

Dave, darling! How wonderful of you to join us!

I cannot spell, absolutely, however I am writing software and not legal documents.

"red pundit", lol, not averse to oversimplifying the argument to attempt to discredit are you Mr "blue pundit".  However, you are more than just a pundit, you are a fully paid up hardcore "blue member" ;-)

Woooo where did that get us? Nowhere.



Hate figure. :lol:
 

Offline Khephren

  • Hero Member
  • *****
  • Join Date: Feb 2002
  • Posts: 606
    • Show only replies by Khephren
Re: Is this thread for real? (AInc has <$100)
« Reply #25 on: September 09, 2003, 10:21:51 AM »
Well, they did almost bugger all for the Amiga community. Spending time and money on a basically rebadged TAO, while leaving an OS that would be perfect for handhelds to rot for months. The only good thing they ever did was allow someone else to continue with the OS development. I hope when they fold, Hyperion get the rights to the Amiga. They've done more actual work in keeping the Amiga alive than Amiga inc ever did.
 

Offline T_Bone

  • Hero Member
  • *****
  • Join Date: Jun 2002
  • Posts: 5124
    • Show only replies by T_Bone
    • http://www.amiga.org/userinfo.php?uid=1961
Re: Is this thread for real? (AInc has <$100)
« Reply #26 on: September 09, 2003, 10:23:03 AM »
> The fact that he spent so much time on (3) suggests he is
>  actually concerned that a counterclaim/sue might succeed
> and wants to limit the damages by getting Bill McEwan to
> agree that the damages in general are limited.

Actually I got the impression he spent alot of time on (3) because it was a circular arguement.

Of course the lawyer is going to address the countersuit, he   wouldn't be much of a lawyer if he didn't.

The only fear I sensed in that round was in Bill, ####ting his pants at the clause being read to him. If Bill had good reason to believe Amiga DID have reason to ask for money, shouldn't that reason been the answer to the question, rather than his "Yes, er, well, no, I mean, maybe, you never know, anything can happen in court" answer?
this space for rent
 

Offline Hooligan_DCS

  • Hero Member
  • *****
  • Join Date: Jul 2002
  • Posts: 522
    • Show only replies by Hooligan_DCS
Re: Is this thread for real? (AInc has <$100)
« Reply #27 on: September 09, 2003, 10:28:25 AM »
@Weirdami
You mean I gotta read an annlu thread?

Anyhoo, thanks. I was gonna ask why there's lots of missing depo pages. Now I ain't gotta.
-------------
... and why is that? The thread is actually quite entertaining and keeps you busy and smiling for a few minutes.

My lord, also reveals the secret of "lost pages"
 

Offline DaveP

  • Hero Member
  • *****
  • Join Date: Feb 2002
  • Posts: 2116
    • Show only replies by DaveP
Re: Is this thread for real? (AInc has <$100)
« Reply #28 on: September 09, 2003, 10:31:03 AM »
Quote

T_Bone wrote:
> The fact that he spent so much time on (3) suggests he is
>  actually concerned that a counterclaim/sue might succeed
> and wants to limit the damages by getting Bill McEwan to
> agree that the damages in general are limited.

Actually I got the impression he spent alot of time on (3) because it was a circular arguement.


That is true, it went around in circles. However what was far from established was that even if that clause was held to be valid in court, in this case, was its relevance to courtersue.

Quote

Of course the lawyer is going to address the countersuit, he   wouldn't be much of a lawyer if he didn't.

Im not arguing that, it is the sheer proportion of time spent on side issues versus the actual issues of the case. Read the Thendic ambulance-chasers' summary - he is trying to establish Bill McEwEn as an unreliable witness and Amiga Inc as a renegade company but does not spend any useful ink on the true subject of the case  - whether the claims of Thendic are even valid.

Quote

The only fear I sensed in that round was in Bill,

Who was talking about fear? You are the one who brought this one up, I don't think fear is a good thing to read into anything. I think Bill McEwEn was deliberately avoiding answering the question.

Quote

If Bill had good reason to believe Amiga DID have reason to ask for money, shouldn't that reason been the answer to the question, rather than his "Yes, er, well, no, I mean, maybe, you never know, anything can happen in court" answer?

Depends on what he was trying to achieve with the answer. The Thendic A-C seemed to be trying to close down the possibility of damages, this was clearly not in the interest of the Amiga Inc side, therefore an ambivalent answer which basically points to the court as being the responsibility to decide that is whilst evasive, accurate.

Nowhere in discovery does it come out that Amiga Inc do not have reasonable grounds to countersue, what does come out is that clause that means that if they succeed, they have to fight the clause that sayes they are owed no money ( because Thendic paid no royalties ) to *GET* money.

Hate figure. :lol:
 

Offline greenboy

  • Sr. Member
  • ****
  • Join Date: Dec 2002
  • Posts: 321
    • Show only replies by greenboy
    • http://PhiNiXi.com
Re: Is this thread for real? (AInc has <$100)
« Reply #29 from previous page: September 09, 2003, 10:35:14 AM »
Quote
@greenboy, Dave, darling! How wonderful of you to join us!

There is no us - there is only you and your overinflated boing ball : }  I've never tried to hide my affiliation or pretended to be impartial. I'm partial as hell, seeing what I've seen. I've never pretended behind  the guises of objectivity, logic, and other conceits. Though I'm usually trying a lot harder to be polite.

Oh, I can just hear McEwen saying in a talk show host voice, "FOURRRTEEEEN BILLION DOLLARS!" Ho! - that must really wow those small-town legal people... Too bad the case isn't in Montana, with Doctor in attendance to give Teach the note for why little William MC was skipping school yet again.

Should be an interesting case.  Sometimes almost on schedule and rockin' - if only because someone has to bring SOME of the people in on the correct dates occasionally to actually achieve any semblance of a schedule ; }
<-- greenboy ---<<<<