Hyperion takes bat, swings for McBill's head!

[Kronos]

adolescent wrote:

Funny that Itec/AI would think they would be stupid enough to accept the check after bringing them to court.   :crazy:

Offcourse they knew the check would come back, but what if the judge finds, that the OS was infact finished late last year, and that the old payments weren't for the buyback ?

Well now Itec could still say "we send them a check within 6 months".

[adolescent]

@Kronos

But that's if Itec really has any claim to the Amiga properties (which the document infers).

[uncleted]

There'll probably be some debate on when the OS was "finished".  It's not unusual for an OS to be released and then patched continuously afterwards.  It's really up to the better legal team to convince the court of how finished "finished" is.

If I was working for AI, I wouldn't be too worried about my future. If they lose, they'd make really great used car salesmen.

[giZmo350]

I still think that AInc. is the victim here!

-bestiality image removed by moderator-

[DonnyEMU]

I think no parties involved can really be called a victim, considering all the things that have happened in the past.

[DonnyEMU]

@TjLaZer

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

That's basically what their contract stated according to the court documents that I read. If Amiga Washington is insolvent or non-existant or doesn't deliver they own Amiga OS4 and the right to market it using that name.

As far as being happy. I run WinUAE on my dual core AMD processor and it runs everything very fast.. Final Writer, Final Calc, Final Data, Professional Page..

All run great off my widescreen HDTV at 1280x768 resolution. For what I do with publishing it's a great solution. Though admittedly I do have Office Ultimate 2007 for tasks that go beyond there capabilities. For everyday stuff though even in 2007 these old apps have not really left me wanting for much...

-Don

[MskoDestny]

Kronos wrote:

adolescent wrote:

Funny that Itec/AI would think they would be stupid enough to accept the check after bringing them to court.   :crazy:

Offcourse they knew the check would come back, but what if the judge finds, that the OS was infact finished late last year, and that the old payments weren't for the buyback ?

Well now Itec could still say "we send them a check within 6 months".

This of course assumes that Itec is indeed the proper holder of the rights given by the agreement. Hyperion claims that the transfer to Itec and later the transfer to KMOS was not properly executed. Whether that's true or not is of course for the courts to decide.

Hopefully more of this drama will be unveiled as time goes on. The picture as to what was going on at Amiga Inc. is becoming increasingly clear, but the truth surrounding Hyperion's actions is still somewhat fuzzy.

[Tigger]

Dandy wrote:

Didn't you read the documents?

On page 6 of 19, paragraph 27 (line 9), the document states:

"Hyperion rejected ITEC's efforts to exercise rights under the agreement and returned the $25.000 check."

Still any questions?

I love how one letter and an uncashed check takes Hyperions 25% chance of winning to 10% or less.  It was really clever, I'm not sure who came up with it, but he earned his money with that one move.
     -Tig

[guru-666]

? If anything It increased Hyperion's chances of winning!

[Kronos]

If the judge finds that OS4 was finished 2003 the check is irrelevant, cos the deadline long expired.

If the judge finds that Itec holds no rights the check is also irrelevant.

But the judge may find that OS4 was indeed only finished in 2006.

And he may also find Itec does hold rights.

In that case Itec can now claim that they have tried to "buy-back" before the deadline expired.

[TjLaZer]

OK sorry if this is a stupid question, Who is ITec?

[Tigger]

guru-666 wrote:
? If anything It increased Hyperion's chances of winning!

Not at all.  The entire Itec-KMOS transfer is a non-issue now (though it always should have been), the entire they didnt pay us enough is now a non-issue.  The only thing Hyperion has left is AI(Washington) was legally insolvent on April 23, 2003 (no true, so thats not going to work) and we completed the OS in December of 2004 but didnt pay anyone like we were supposed to when it was completed, and we also didnt tell AI we were done, instead we kept working on it until December of 2006, when we actually told everyone we were done, so they paid us too late, but we still didnt send them back all that money they gave us for the buyback.   Thats not going to go well either.  Why on earth do you think this helps Hyperions case, they've invalidated half of there points in one fell swoop.  
    -Tig

[TjLaZer]

It's funny how everyone is so anti piracy on here with regards to sending Kickstart ROMs, Workbench disks and similar things, but when the "latest" OPERATING SYSTEM is being ripped off and sold by a 3rd party nobody thinks that is wrong???  Jeeze.  Amiga, Inc is obviously still in business and had contracted out to have the OS created, but they own the OS!  I see it going in their favor.  Good thing this is happening in a US court.

[Tigger]

TjLaZer wrote:
OK sorry if this is a stupid question, Who is ITec?

Itec was the first secured creditor of AI, it bought the classic OS, including the Unholy Trio contract from AI on April 23, 2003, on April 24, 2003 - Hyperion signed a contract with Itec agreeing to provide the OS to them for the $25K buy back fee that was in the original contract.   Itec sent $20K and McEwen and of the other officers sent $2500 each to cover the total amount.  Eventually Itec sold the OS to KMOS, Hyperion has been arguing that because the money didnt all come from Itec, etc that it wasn't valid, so Itec wrote a check for $25K to them again, with comments in the letter that they believed this bill had already been paid.  This has basically taken any Itec-KMOS transfer out of the loop, because Itec itself is trying to get Hyperion to provide the product they believed they had already bought from Hyperion and sold to KMOS.    
     -Tig
 

[bhoggett]

It's still one bunch of crooks beating up on another bunch of crooks. Whoever wins the Amiga lost a long time ago.

[countzero]

TjLaZer wrote:
when the "latest" OPERATING SYSTEM is being ripped off and sold by a 3rd party nobody thinks that is wrong???  Jeeze.  Amiga, Inc is obviously still in business and had contracted out to have the OS created, but they own the OS!  I see it going in their favor.  Good thing this is happening in a US court.

Whos pirating what ? I think you don't get the picture here, the way I see it OS4 belongs to Hyperion cause they MADE it, and AINC did NOTHING and we all know that. AINC are the pirates here cause they're trying to steal OS4 from Hyperion using contracts and legal {bleep}. In the worst case scenario Hyperion could sell OS4 under a different name and send bogus sources to AINC if they need to. AInc can't win anything even if they win the at the court.