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Amiga computer related discussion => General chat about Amiga topics => Topic started by: xeron on September 25, 2008, 09:29:21 AM

Title: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: xeron on September 25, 2008, 09:29:21 AM
On this RSS feed (http://news.justia.com/cases/featured/washington/wawdce/2:2007cv00631/143245/index.rss):

"CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated September 3, 2008, defendants motions to dismiss are granted; accordingly, each case is closed and all pending motions denied as moot. (Signed by J. Michael McMahon, clerk on 9/24/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 09/24/2008)"

If you actually click the link, you just get the list of documents, and i can't find any reference to that quote, but its definately there in the rss feed.

Edit: Ahh, the RSS feed also has something about a lawyer no longer representing Google, Inc. I think the RSS feed is broken and showing news for other cases. Probable false alarm :)
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: AndyC on September 25, 2008, 09:37:54 AM
Here's hoping....
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: weirdami on September 25, 2008, 10:29:22 AM
That would explain the recent Hyperion/ACube team up.

edit:
Then again, so would the "settlement" things at the bottom of the documents page. I'm guessing, too, that the RSS page is faulty because of the Google things.

Look at the summary of the currently unavailable document number 199. Looks like things are getting close to wrapping up:
Quote
September 2, 2008

SCHEDULING ORDER for Settlement Conference: This matter has been referred to Judge Arnold to conduct a SETTLEMENT CONFERENCE. Settlement briefs/memorandums are due in chambers on 11/13/2008 by 4:00 PM. The briefs should contain a statement of the facts, issues for trial, the law, strengths and weaknesses of the parties' case, each party's position after mediation held in this matter and a settlement figure. The briefs/memorandums should be delivered to Judge Arnold's chambers or submitted by fax to chambers at (253)882-3881. BRIEFS ARE TO BE CONFIDENTIAL AND NOT FILED WITH THE COURT OR SERVED ON OPPOSING COUNSEL. In addition to counsel, parties and representatives who have authority to settle are directed to be present in person. Settlement Conference set for 11/20/2008 at 09:00 AM in D Courtroom before Judge J. Kelley Arnold. by Judge J. Kelley Arnold. (AS) (Entered: September 2, 2008)
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: gaula92 on September 25, 2008, 10:43:31 AM
Wohoo!! A BIG F**uck for you, A Inc! :D
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: AJCopland on September 25, 2008, 10:58:01 AM
It'd be really nice to get this whole mess resolved so that they can port OS4.x to other platforms. I can't imagine that anyone is happy about it having quite a limited distribution at the moment.
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: gaula92 on September 25, 2008, 11:06:12 AM
Repeat with me... "MAC Mini G4..." "Moanaaa.." "Finish support for all minis... " "the day is coming..."
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: nBit7 on September 25, 2008, 11:10:53 AM
Quote

AJCopland wrote:
It'd be really nice to get this whole mess resolved so that they can port OS4.x to other platforms. I can't imagine that anyone is happy about it having quite a limited distribution at the moment.


It may not be that simple.  Acube are the sole distributor for the OS and they also sell the only hardware...
Title: the sentiment is not being endorsed here
Post by: weirdami on September 25, 2008, 11:58:11 AM
Quote

gaula92 wrote:
F**uck


In what language is that six letter word considered profane?
Title: Re: the sentiment is not being endorsed here
Post by: arnljot on September 25, 2008, 12:41:53 PM
I'd really wait and see, kinda wierd to have google mentioned in an Amiga case? :)
Title: Re: the sentiment is not being endorsed here
Post by: Fab12 on September 25, 2008, 01:59:03 PM
I wonder how the "name followers", who always advocated AmigaOS4 because it was teh rael AMIGA (!!!1) can deal with this fundamental contradiction now, though. :)
Title: Re: the sentiment is not being endorsed here
Post by: xeron on September 25, 2008, 02:23:13 PM
@Fab12

I guess they'd point out that its still called AmigaOS, and still based on Amiga code.

Personally, i only advocate OS4 because i really like it, so i wouldn't know for definate.
Title: Re: the sentiment is not being endorsed here
Post by: Beast96GT on September 25, 2008, 02:24:44 PM
Quote

weirdami wrote:
Quote

gaula92 wrote:
F**uck


In what language is that six letter word considered profane?


Engrish!   :-D

Is this dismissal correct?  or is there other legalese that we haven't seen?
Title: Re: the sentiment is not being endorsed here
Post by: jorkany on September 25, 2008, 03:09:37 PM
It's pretty sad that people are so desperate to believe this. Clearly the RSS feed is screwed up - look at ALL of the other articles on that feed, not a single one of them has to do with Amiga-Hyperion, heck none of them are even related to each other.

What's really funny is, months from now there will still be people who thought the case was dismissed.
Title: Re: the sentiment is not being endorsed here
Post by: Hans_ on September 25, 2008, 03:11:55 PM
Quote

jorkany wrote:
It's pretty sad that people are so desperate to believe this. Clearly the RSS feed is screwed up - look at ALL of the other articles on that feed, not a single one of them has to do with Amiga-Hyperion, heck none of them are even related to each other.


Wrong, most of them are related to the case and match the Justia news page. It looks like someone screwed up the feed a week or so ago.

Hans
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: Zorro on September 25, 2008, 03:37:01 PM
Quote
gaula92 wrote:

Repeat with me... "MAC Mini G4..." "Moanaaa.." "Finish support for all minis... " "the day is coming..."



Well... it seems that Hyperion will not finish it...

:angry:
 :-(
Title: Re: the sentiment is not being endorsed here
Post by: jorkany on September 25, 2008, 03:39:03 PM
Hans_,
Quote
Wrong, most of them are related to the case and match the Justia news page.

After scrolling down yet more I see that you are right! Yet I fail to feel much embarassment for my faux-pas, so...case dismissed!
Title: Re: the sentiment is not being endorsed here
Post by: Plaz on September 25, 2008, 03:54:48 PM
Actually it does look like the Amiga RSS just has some crossed up court docs from a different case. I found a link to the same document for unrelated court case....

http://news.justia.com/cases/featured/georgia/gandce/1:2008cv00483/148984/


Plaz
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: Skyraker on September 25, 2008, 04:01:46 PM
Can someone stateside just call them and ask?

Street Address:
United States Courthouse
Lobby Level
700 Stewart Street
Seattle, WA 98101-1271
Phone: 206-370-8400
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: tonyyeb on September 25, 2008, 04:10:28 PM
Someone please clarify what has ACTUALLY happened!?
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: meega on September 25, 2008, 05:41:23 PM
Why? It's more fun this way. Aren't you enjoying it?
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: 0amigan0 on September 25, 2008, 05:41:59 PM
Quote

tonyyeb wrote:
Someone please clarify what has ACTUALLY happened!?



NOTHING really happened; the usual post-bankruptcy non-sense!
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: dammy on September 25, 2008, 06:13:08 PM
Quote
NOTHING really happened; the usual post-bankruptcy non-sense!


Even less then that since there was never a bankruptcy.

Dammy
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: Plaz on September 25, 2008, 06:31:03 PM
@Skyraker

Some one just did....

AW.org thread link to the call and reply (http://amigaworld.net/modules/newbb/viewtopic.php?topic_id=27014&forum=16&start=40&viewmode=flat&order=0#457317)

It was an error in the RSS.

Plaz
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: Argo on September 25, 2008, 06:35:14 PM
I have not to time to read the legal docs at the moment. Though I think it want something like this:

"Well, there may be a case here but I'm not sure in whom's favor. Both side presented weak evidence to prove either side.
Amiga, Inc., from the best I can tell from the presented evidence, you may technically not exist as a legal entity as listed in any of these contracts. If you want anything out of this - negotiate!

Case Dismissed! get out of here and stop waisting my time..."
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: persia on September 25, 2008, 08:16:10 PM
Nothing happened, Amiga Inc was always a bad acid trip to nowhere.  Once the settlement phase is over, Hyperion will be able to move on.  Best guess, they'll have t pay some royalties to Amiga Inc/KMOS, mainly for the name since the IP is expired and the code is written by Hyperion.  

In the future Amiga Inc will close it's US office, Bill will follow Amiga Inc home to India and set up an Ashram in Rishikesh, a role he is much better suited to. He'll create a meditation techique called "Guru Meditation.  GM will be an instant hit. Later he's start a city in Oregon called Amigapur and have a fleet of Rolls Royces.


(http://img.photobucket.com/albums/v88/clif_notes/Smilies/wallbang.gif)(http://www.talkweather.com/forums/style_emoticons/default/rimshot.gif)
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: DavidF215 on September 25, 2008, 08:51:28 PM
@Argo
I agree that if Amiga wants anything, then they need to negotiate. Hyperion holds the key (the code) which provides them with quite a bit of leverage. And if people start ordering OS4.1 and the SAM, then that, I think, increases Hyperion's leverage.

I recently viewed a 2007 CeBIT video (I'm behind) of the Commodore booth in Europe. The products that the new Commodore has now should be what Amiga, Inc had by this time.

The ArsTechnica article indicated that if Amiga went bankrupt, then Hyperion gets it all. I guess the entire case hinges on whether or not the Amiga "buyout" would or would not be considered bankruptcy.
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: persia on September 26, 2008, 02:25:12 PM
KMOS/Amiga Inc is about to become irrelevant to the whole process.  They're likely to get a few buck a copy for the name Amiga)S, let's be generous and same they get 10 dollars (€6.84/£5.44). AmigaDos will sell maybe a thousand copies, that's £5441.  It won't even cover Bill's Indian takeaway bills for a year.

Amiga will be let with an Indian Consulting Company who's website doesn't show much change for years and the leftover Tao Intent code (AmigaAnywhere) which seems to only run on Windows Mobile.

I really think the Guru Meditation (GM) route is the only salvation for Amiga Inc  

(http://planetsmilies.net/eat-drink-smiley-5176.gif)(http://www.aegee.tv/images/smilies/smiley_bike.gif)
Title: Re: Amiga vs. Hyperion: Case Dismissed?!!??!!
Post by: DavidF215 on September 26, 2008, 05:07:18 PM
persia wrote:
>I really think the Guru Meditation (GM) route is the only salvation for Amiga Inc

Possibly. If they could get more developers for AA2, maybe they could make money from distribution. Maybe they should distribute AmigaOS 4.1, too, along with their other software. I think AA also runs on Windows XP/Vista. AA2 should be made to work on AmigaOS4.0 to support their own OS.

Maybe AmigaInc should partner with Cloanto. Or Cloanto buy AmigaInc.