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Amiga computer related discussion => General chat about Amiga topics => Topic started by: persia on July 15, 2008, 02:16:21 PM

Title: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 15, 2008, 02:16:21 PM
Looking at Amiga Inc's website there has been nothing posted since the first of  February.  Have they died? Transfered the IP to another shell company?  What's up?  I notice that Amiga Development has added Linux to it's dotNet skills but what about the so called parent company?


(http://i4.photobucket.com/albums/y148/flipper0828/ga_fun_smiley11.gif)
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: huronking on July 15, 2008, 02:50:47 PM
Relax- several of their executives were seen making deposits at Indymac bank. Had to wait in line a little.

Nothing to worry about.
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Hans_ on July 15, 2008, 03:44:20 PM
They are alive enough to continue to sue Hyperion Entertainment.

Hans
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: adolescent on July 15, 2008, 04:02:59 PM
Quote

huronking wrote:
Relax- several of their executives were seen making deposits at Indymac bank. Had to wait in line a little.

Nothing to worry about.


:lol: :lol: :lol: (Especially the deposit part...)
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: uncharted on July 15, 2008, 06:32:31 PM
I don't think that they are KMOS anymore.
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 15, 2008, 07:31:29 PM
Should we refer to them as "the shill formerly known as KMOS?"


(http://www.pbs.org/images/stations/smallbw/KMOS.gif)

Actually Gary Hare is a real person! (http://www.fielding.edu/psy/psy_faculty/g_hare.asp)
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: redfox on July 16, 2008, 02:47:19 AM
@persia

:sealed:

---
redfox

Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: AeroMan on July 16, 2008, 03:12:58 AM
Quote

persia wrote:

Actually Gary Hare is a real person! (http://www.fielding.edu/psy/psy_faculty/g_hare.asp)



"1999: World's Top 100 Producers, Multimedia Producer Magazine"

Any comments ?
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: amiga92570 on July 22, 2008, 02:53:14 PM
Amiga alive animation on youtube.

http://www.youtube.com/watch?v=9mg6wrYCT9Q
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 22, 2008, 03:46:05 PM
KMOS AKA Amiga Inc should be hit with a boing ball.  Why did Bill & Co. work so hard to transfer the assets and name to KMOS if they weren't going to use them?  Was it just a game to screw ex-employees and creditors?

Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Hans_ on July 22, 2008, 04:10:17 PM
Quote

persia wrote:
KMOS AKA Amiga Inc should be hit with a boing ball.  Why did Bill & Co. work so hard to transfer the assets and name to KMOS if they weren't going to use them?  Was it just a game to screw ex-employees and creditors?



It would certainly appear so, although they would probably prefer to call it "keeping the company afloat despite financial troubles." They can't say insolvent instead of "financial troubles" because then they'd be conceding that Hyperion is right, and they would lose the court case.* Bill is quick to point out that he was also owed money by the original A Inc. but, IMHO, that is irrelevant; they still managed to keep assets whilst screwing over creditors.

Hans

* the agreement between the original A Inc. and Hyperion basically states that, should A Inc. become insolvent, Hyperion can continue to develop OS4 and beyond on its own.
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: mfletcher on July 22, 2008, 04:11:11 PM
I hear they've just hired Doomy as the new CTO.
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Kronos on July 22, 2008, 05:18:47 PM
Quote

mfletcher wrote:
I hear they've just hired Doomy as the new CTO.


I call that a vast improvement compared to their past CTO....
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: mike- on July 22, 2008, 06:13:41 PM
@Hans

Exactly, and one of the reasons i think they lost the case before it even began, that and not providing the source code, paying 5 dollars less then the said sum and having bill himself saying they were insolvent in another court case.

Whats going on with the case now btw?
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Hans_ on July 22, 2008, 06:20:59 PM
Quote

mike- wrote:
@Hans

Exactly, and one of the reasons i think they lost the case before it even began, that and not providing the source code, paying 5 dollars less then the said sum and having bill himself saying they were insolvent in another court case.

Whats going on with the case now btw?


I haven't really been following it for a while. IIRC, they are in court-ordered mediation, and will soon have to set deadlines for ending discovery, etc.

Hans
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 22, 2008, 06:23:34 PM
can't Hyperion's lawyers ask that the case be dismissed on the basis of Amiga Inc/KMOS/Amino admitted insolvency?  Hyperion have done a great job, if they could just get this lawsuit cloud to go away we'd have OS4 for Efika, Pegasus and MacMini by now.

The big fear is that if KMOS/Amiga Inc lose the lawsuit they'll sell the domain to some Portuguese/Spanish dating service...


(http://pixel-zone.rpgdx.net/images/cursorz/smiley.gif)
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Hans_ on July 22, 2008, 07:05:05 PM
Quote

persia wrote:
can't Hyperion's lawyers ask that the case be dismissed on the basis of Amiga Inc/KMOS/Amino admitted insolvency?  Hyperion have done a great job, if they could just get this lawsuit cloud to go away we'd have OS4 for Efika, Pegasus and MacMini by now.


The insolvency issue is part of their arguments, but a case won't be dismissed so easily.

Hans
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Daedalus on July 22, 2008, 07:17:03 PM
Quote

mfletcher wrote:
I hear they've just hired Doomy as the new CTO.


I doubt it... I haven't seen any new military spec A2000s for sale anywhere  :-P
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: 560SL on July 22, 2008, 10:38:56 PM
Unless they start pumping out AGA + G4 upgrades for A500, I don't really care what these clowns are doing.

Wish they'd stop bugging Hyperion though...

I bet they make loads and loads of dosh on that Hillsea Lido port...

Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: number6 on July 22, 2008, 10:59:48 PM
@Hans

Quote
I haven't really been following it for a while. IIRC, they are in court-ordered mediation, and will soon have to set deadlines for ending discovery, etc.


Sadly, there is a difference between court ordered mediation and the act of actually attending said mediation, which would be the *cough* normal 1st step.

Neverless, docs filed today July 21, 2008:
Filing #112 (http://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2007cv00631/143245/112)

#6
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Unit21 on July 22, 2008, 11:38:54 PM
@ Everyone


I believe, based on the history of the Amiga/KMOS people and the past achievements of their boardmembers, that Amiga Inc is nothing more than a shell-company.

It is used for various purposes and can act as a safe-haven for the Investors to stash their money when needed.

All the ideas and dreams for the future that might have been kicked around the Amiga Inc lunch-table back at the turn of the millennium are long gone.
Don't expect anything from them remotely resembling development in the "True sense of the Amiga".

This company is dead.
Amiga Inc is dead.

Now can SOMEONE call Acer and remind them that they actually OWN the Rights (tm) to the Amiga name and quite possibly some sourcecodes?! ;-)
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Floid on July 23, 2008, 01:08:09 AM
Quote

Hans_ wrote:
Quote

persia wrote:
can't Hyperion's lawyers ask that the case be dismissed on the basis of Amiga Inc/KMOS/Amino admitted insolvency?  Hyperion have done a great job, if they could just get this lawsuit cloud to go away we'd have OS4 for Efika, Pegasus and MacMini by now.

The insolvency issue is part of their arguments, but a case won't be dismissed so easily.


This is the US, and this is a contract dispute; insolvency doesn't enter into it except as regards performance under the agreements at issue (and if you are insolvent in reality, your ability to get someone to show up for you in court).  If you're entitled to something, you're entitled to it whether you're rich or broke.

Of course, the court, in the end, has to make a legal determination as to who's really entitled to what, if anything.

Now, as a US entity, if AInc. sees an unpleasant result looming, or takes it to fruition and are ordered to pay damages, they have the option to file bankruptcy... or if they're broke and don't desire to continue operating, they don't even have to bother; if they have no assets there's nothing to collect on, except perhaps the trademark(s).  That's part of the incentive to settle this sort of thing.


Edit:  Okay, maybe I'm not as obsessive about this as I think I am; I forgot there was an insolvency provision in the agreement, so if Hyperion prevails on that they prevail on that.
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 23, 2008, 06:13:18 AM
Billy boy made a mistake when he fail to keep Amino (Amiga Washington) registered as a Corporation.  Do you think if Hyperion wins they'll rename themselves "Amiga Inc" or has the name lost all it's value?


(http://farm1.static.flickr.com/187/429672409_4ef88cc5fa_o.jpg)
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: A6000 on July 23, 2008, 01:21:43 PM
Quote

persia wrote:
Billy boy made a mistake when he fail to keep Amino (Amiga Washington) registered as a Corporation.  Do you think if Hyperion wins they'll rename themselves "Amiga Inc" or has the name lost all it's value?


Their actions have certainly destroyed any goodwill linked to the name, so it has lost most of it's value, but if by some miracle anyone (Natami perhaps) wanted to produce an amiga compatible, it would help marketing a lot if they could call it an amiga, so it might have some small value but it is hard to put a cash value on it.
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: codenetfx on July 24, 2008, 06:45:04 AM
Amiga Inc. is entirely irrelevant. Just look at their site. They are selling games for $4.99 and at the same time you can get a boatload of games to play on WinUAE or Amiga Forever.

Amiga Inc is broke. They just don't want to admit it.

I don't follow Hyperion's business model either. pretty much the same as Amiga Inc. business model:

1. Develop OS
2. ?
3. Profit

(this is the same concept presented in "South Park" which started with "Collect underpants" and ended in "Profit")
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 24, 2008, 02:58:56 PM
Amiga Inc doesn't sell one "Amiga-compatible" product. Never have and prbably never will.  THe only thing keeping the afloat is Amiga Development India, which is really just an Indian IT company called Ruksun.  I think we have to fact the fact that the name Amiga will probably belong to a bunch of Indian dotNet developers.  

Hyperion, on the other hand at least produces something Amiga.I hope they do manage to have a profit, if we lost them, we'd be on our own.  Not that that is bad of course...


(http://img201.imageshack.us/img201/9517/12031gi0.gif)
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: amigadave on July 24, 2008, 05:49:32 PM
I have read pages and pages of the court documents from both sides and it was pretty apparent that Hyperion is basing most of their argument on their assertion that Amiga Inc. Washington was in fact insolvent before they transferred the Amiga IP to KMOS/Amiga Inc. Deleware, and therefore Hyperion now should have a lifetime perpetual license to continue development of AmigaOS4.x and have use of the trademarks.

I am fairly sure that if Amiga Inc. prevails on all parts of the court case that it will not be a good thing for any Amiga user that wants to see AmigaOS4.x to continue to be developed, but I am not to sure what the future will be like for those same Amiga users if Hyperion prevails.  I can only hope that it will be much better and that Hyperion will be allowed to develop AmigaOS4.x and beyond for many other hardware platforms.

I also hope that Hyperion will make the wise decision to develop and release OS4 for the PPC Mac machines as an interim hardware solution until they can develop OS4.x on a more powerful hardware platform.
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Dandy on July 28, 2008, 11:29:03 AM
Quote

persia wrote:

Looking at Amiga Inc's website there has been nothing posted since the first of  February.  Have they died? Transfered the IP to another shell company?  What's up?  I notice that Amiga Development has added Linux to it's dotNet skills but what about the so called parent company?


(http://i4.photobucket.com/albums/y148/flipper0828/ga_fun_smiley11.gif)



Why are you so upset?
They are doing "business as usual"...
 :roll:
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: dammy on July 28, 2008, 12:12:07 PM
Quote
IIRC, they are in court-ordered mediation,


That's Hyperion vs Amino, not Amiga Inc vs Hyperion.

Dammy
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: dammy on July 28, 2008, 12:18:29 PM
Quote
Washington was in fact insolvent before they transferred the Amiga IP to KMOS/Amiga Inc. Deleware, and therefore Hyperion now should have a lifetime perpetual license to continue development of AmigaOS4.x and have use of the trademarks.


No it didn't.  Please go check on US Code description before you make such a statement.  Amiga Inc's value at the time exceeded it's debt and therefore was solvent under US Code.  Hyperion is barking up the wrong tree with that one. I know, it's the only tree they have to bark up on but that doesn't make it the right tree.

I really do not understand why Hyperion would make this silly statement when they already sold OS4 to Itec for $25K.  What are they going to do, admit in Ferderal Court they committed federal wire fraud by defrauding Itec and still have the rights to OS4?   :lol:

Dammy
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 28, 2008, 02:19:17 PM
But if Amiga Inc were really solvent. they why the fun and games with KMOS to escape debt?  Some of the debt was back salaries, one doesn't run away from back salaries or even have back salaries if one is a running a solvent company.  The whole KMOS scam works against Amiga Inc/KMOS.  Why would a financial solvent company do such a desperate and unethical (though not illegal) act?  For Fun?

It's a complicated case, because only one of the original entities still exists, Hyperion, Amiga Inc (Washington) was deregistered in 2004...

But the lack of press releases from a company who's sole product seems to be press releases begs the question as to whether Amiga Inx/KMOS still exists in any meaningful way.

Somebody in Seattle should go take a peak and see if the offices still exist...


(http://planetsmilies.net/eat-drink-smiley-5160.gif)
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: ffastback on July 28, 2008, 02:19:42 PM
Quote

dammy wrote:
Quote
Washington was in fact insolvent before they transferred the Amiga IP to KMOS/Amiga Inc. Deleware, and therefore Hyperion now should have a lifetime perpetual license to continue development of AmigaOS4.x and have use of the trademarks.


No it didn't.  Please go check on US Code description before you make such a statement.  Amiga Inc's value at the time exceeded it's debt and therefore was solvent under US Code.  Hyperion is barking up the wrong tree with that one. I know, it's the only tree they have to bark up on but that doesn't make it the right tree.

I really do not understand why Hyperion would make this silly statement when they already sold OS4 to Itec for $25K.  What are they going to do, admit in Ferderal Court they committed federal wire fraud by defrauding Itec and still have the rights to OS4?   :lol:

Dammy


Don't go spreading your interpretation of US code as fact Dammy.   :-P The judge hasn't thrown the concept out, and last I knew no one with authority said the ownership of the brand could be classified as a tangible assest for calculating whether they were insolvent or not.  Since contracts would normally be written for bankruptcy the intention of both parties is certainly up to intepretation.  And if it goes to a jury people tend to not like to let companies off on things their own banks would not let them off on (i.e. debts exceeding money in the bank and credit you can get,and almost no income means you are broke).  And last I checked no qualified third party has given a valuation for the brand anyway.  Bill Mcewen admitted in essence in a court recorded deposition that they were broke.  Its just human nature that that would resonate with a jury IMO (especially after having served on one).

As for your Itec wire fraud silliness I know you are well aware that Hyperion partially base their case on the concept of having been duped before this transaction and that they say they acted in good faith at the time.  And I'm sure you are well aware that Bill's wire transfer was never shown as completed and even if it was they were still short.  Bottom line its another item for the judge or jury to sort out.  You can wish all you want that Hyperion will lose, Amiga will bury OS4, and then that you'll gain an army of AROS converts.  But your posts trying to paint yourself as an authority on this subject and lecturing other to check US code aren't fooling anyone (I hope anyway!).   :lol:
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: bloodline on July 28, 2008, 02:35:47 PM
Quote

ffastback wrote:

You can wish all you want that Hyperion will lose, Amiga will bury OS4, and then that you'll gain an army of AROS converts.  But your posts trying to paint yourself as an authority on this subject and lecturing other to check US code aren't fooling anyone (I hope anyway!).   :lol:


Careful! I think you've just thrown your toy out of the buggy! :cry:
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: number6 on July 28, 2008, 03:14:19 PM
@Persia

Quote
THe only thing keeping the afloat is Amiga Development India, which is really just an Indian IT company called Ruksun.


Based on the premise that AI makes a lot of announcements to offer the notion that acitivity is going on....

The question you have to ask is:
Does Amiga Inc. normally remove announcements from their website?
The original story still exists both in the archives and on AW, but the announcement on their site was pulled.

Additional discussion:
Can someone here get prove of the Amiga INC Indian acquisition? (http://amigaworld.net/modules/newbb/viewtopic.php?mode=viewtopic&topic_id=22930&forum=2&start=0&viewmode=flat&order=0)

#6
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: ffastback on July 28, 2008, 05:32:00 PM
Quote

bloodline wrote:

Careful! I think you've just thrown your toy out of the buggy! :cry:


Move the hair out from in front of your eyes and look at the funny laughing emoticon I put in my post.   :crazy:
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 28, 2008, 07:48:11 PM
From Ruksun's website:

Quote

Amiga Development India announces Asset Purchase Agreement with Ruksun Technologies Pvt. Ltd.

Acquisition of skilled services team, intellectual property and contracts from strong computing development center grows portfolio.

Issaquah, WA/Pune, India, September 22rd 2006: Amiga Development India Pvt. Ltd. (ADI), a wholly owned subsidiary of U.S. based Amiga, Inc., announced that it has purchased the majority of the assets owned by Ruksun Software Technologies Pvt. Ltd., a Pune-based company servicing software development projects, on August 10, 2006. The acquisition includes intellectual property, business and engineering and support staff and all development contracts.

Ruksun has over thirteen years of experience in mobile, wireless and web technologies and embedded systems development. ADI will be able to leverage the experience of Amiga Inc.'s efforts in both mobile and desktop computing in order to better serve its existing and future clients. In addition, ADI will become Amiga Inc.'s off-shore development center. Amiga Development India will work to grow its customer base and will look to incorporate and grow the existing intellectual property base purchased from Ruksun.

About Amiga

Amiga, Inc., with offices in Washington state and New York, is a leading global provider of multimedia enabling technologies. For almost two decades, its award-winning software has been a mainstay for motion picture studios, multimedia creators and digital entertainment enthusiasts around the world. Today, Amiga builds on this legacy, leading the way in multimedia development by providing developers with hardware-independent technologies for writing and porting applications to new platforms and interactive devices. AmigaAnywhereT enables applications to run on a broad range of processors including ARM, StrongARM, Intel X-Scale, OMAP, MIPS, x86, and Hitachi SH series and to run hosted on a wide variety of operating systems including Linux, Windows CE .NET, Windows 2000, and Windows XP. AmigaAnywhereT applications are available online at www.shopamiga.com. For more information visit www.amiga.com.

AmigaAnywhereT is a registered trademark of Amiga, Inc. All other company and product names may be trademarks of the respective companies with which they are associated.
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 28, 2008, 07:56:43 PM
Unfortunately at Indian wages ....

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6. Ensure projects are delivered in agreed efforts, schedule and cost.
7. Proactively identify challenges, issues, and risks in project delivery and develop a mitigation plan working closely with the client team
8. Understand and apply ADI's tools and methodologies for Application development and maintenance projects
9. Manage client expectations, provide updates to the senior management, participate in steering review meetings
10. Provide thought leadership in managing large projects
11. Streamline the onsite/offshore delivery model to deliver more value to the customer. Implement processes in the project.
12. Ultimately responsible for project QA, client satisfaction, and project team performance
13. Generate more business from existing customer accounts

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2. Must have done several mid to large size full lifecycle project
implementation, maintenance, projects in a lead role
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Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: ffastback on July 28, 2008, 08:37:41 PM
@persia

They've had those listings for years.

The Apply Now button dosen't work and hasn't in ages and ages.  It always says "Under maintenance".
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: persia on July 28, 2008, 11:55:33 PM
Nothing much from Ruksun since 2002...
Title: Re: Is Amiga Inc (KMOS) still alive?
Post by: Akira on August 02, 2008, 04:53:54 PM
Quote

persia wrote:
But the lack of press releases from a company who's sole product seems to be press releases begs the question as to whether Amiga Inx/KMOS still exists in any meaningful way.


Lol, a press release production company! xD