Hyperion takes bat, swings for McBill's head!

[redrumloa]

New court filings are pretty stunning, really. Looks like Hyperion's legal team may be getting it's act together! At first I figured AI would have a home run, but after reading this I'm not so sure.

It's all there, all of the dirty laundry is there. This puts it all in legal documents and calls it fraud. The coupon scheme, the party pack scheme, the illegal corporate shell game, everything.

Boy is this getting down and dirty, Hyperion may pull an upset.

[motorollin]

And when this is all over, then we get a new Amiga, right?

--
moto

[McVenco]

And when this is all over, then we get a new Amiga, right?

:lol: :roflmao:

[guru-666]

funny it's just now accruing to some people that Amiga inc may not be legal? LOL  

[MickTheLip]

Well the document makes very interesting reading we will have to wait how long for a verdict on all those points and information raisedf there in????Personally I just want this all to be sorted once and for all?

[AmigaPete]

And when this is all over, then we get a new Amiga, right?

Nope, just an old musty smelling T-shirt.  :-D

Pete

[dammy]

Boy is this getting down and dirty, Hyperion may pull an upset.

It's more fluff trying to cover up what AI has pointed out in Hyperion's failures.  End of the day, AI was not insolvent via Title 11 (they had Amiga IP which they can show they bought from Gateway2K for millions so they were still had capital, jut not liquid capital at that point in time) and according to another Federal Government entity (USPTO), Amiga DE owns the Amiga IP.  Then there is Hyperion accepting $25K from Itec for OS4 and failed to produce it would could be considered  wire or mail fraud.  Are we having fun yet?

Dammy

[dammy]

Well the document makes very interesting reading we will have to wait how long for a verdict on all those points and information raisedf there in????Personally I just want this all to be sorted once and for all?

This is Federal Court, could very well take years.  Five years wouldn't be unheard of.  Then the lengthy appeals start.  Are we having fun yet?  Hope Hyperion has some very deep pockets. :-D

Dammy

[guru-666]

@dammy
jut not liquid capital at that point in time = insolvent.

not that I don't think both parties are pretty low, it smells like something died over in the AI corner...... somebody open a window!


http://en.wikipedia.org/wiki/Insolvency

[dammy]

http://en.wikipedia.org/wiki/Insolvency

But to show me that under Title 11 which what counts in Federal Court.  Then show me under which ever title, it's retroactively enforceable.

Then that's another court hearing forcing AI WA into involuntary bankruptsy (which I believe takes three creditors).  Now that could rip Amiga IP away from Amiga DE. Of course, Bolton and others who have court ordered judgements would get first monies from AUCTION of assets (Amiga IP).  Benji's contract about getting OS4 is not enforceable under US Code.

Then there is the issue of Hyperion accepting the $25K as apart of the OS4 buy back and failing to produce the source code and object code.  That could be forced into yet another court system for mail or wire fraud.

:popcorn:

Now the chances that

1. Court will find this interesting enough to dig that deep.
2. Hyperion's legal fund is in the millions
3. Pennti's pockets are that shallow

Are pretty damn remote.  Of course, then you have years worth of appeals to the highier courts, should AI lose.

Dammy

[guru-666]

who knows, ANYTHING could happen!

[dammy]

who knows, ANYTHING could happen!

Unlikely since it's based on US Code and case law.

Dammy

[redrumloa]

dammy wrote:

It's more fluff trying to cover up what AI has pointed out in Hyperion's failures.  End of the day, AI was not insolvent via Title 11 (they had Amiga IP which they can show they bought from Gateway2K for millions so they were still had capital, jut not liquid capital at that point in time) and according to another Federal Government entity (USPTO), Amiga DE owns the Amiga IP.  Then there is Hyperion accepting $25K from Itec for OS4 and failed to produce it would could be considered  wire or mail fraud.  Are we having fun yet?

I don't know about all that Dammy, Hyperion is suddenly making a good case IMO. According to Jens Shoenfeld Amiga Inc is completely unable to prove ownership of AmigaOS and thinks they are "crooks". I think the key piece here is Amiga Inc Deleware is not a legal entity. If you read the whole filing, it spells it out pretty well.

[dammy]

I don't know about all that Dammy, Hyperion is suddenly making a good case IMO. According to Jens Shoenfeld Amiga Inc is completely unable to prove ownership of AmigaOS and thinks they are "crooks". I think the key piece here is Amiga Inc Deleware is not a legal entity. If you read the whole filing, it spells it out pretty well.

I'll be standing in line with the others thinking AI is unethical business.  I can't see where Hyperion is going with this.  They can't get the IP from AI WA, creditors get money after it's liquidated.  Hyperion can not get the IP first, it's not allowed under US Code (because then companies can't play asset shell games all day long).  So if the court case is dimissed, Hyperion would have to file a law suit seeking transfer of the IP which the courts will not allow since there are creditors in front of Hyperion.

Dammy

[TjLaZer]

SO basically Hyperion thinks because AI went bankrupt in WA they can take over AmigaOS and call it their own?  That is BS...

Does this all mean Amiga Inc cannot release AmigaOS 4.x until this is resolved?  This can take years!  But hey for Amigans who cares right? We can be running AmigaOS 4 on a 800MHz G4 in 2012 and be just as happy as we are running OS 3.9 on a A1200 with 030 now!!  Yeah right! :banana: