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?