Hyperion takes bat, swings for McBill's head!

[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

[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

[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
 

[Tigger]

pixie wrote:

The only thing Hyperion has left is AI(Washington) was legally insolvent on April 23, 2003 (no true, so thats not going to work)

Of course not, it was only Bill McEwen committing perjury, but who cares...

First of all, McEwen himself said they basically werent insolvent under Title 11, he listed the assets they had, trademarks, etc.  If the value of them, is greater then the value of the debts, under Title 11 they arent insolvent.   The value of the Amiga Trademarks, OS, etc exceeds the value of the debts at the time.   No court ever found the company insolvent, so just because AI had no cash on hand, doesnt mean they were legally insolvent in the US.
     -Tig

[Tigger]

redrumloa wrote:


I'm suprised to see you have this view. Up to this point I figured AI had a slam dunk. I read this most recent document and thought things had shifted in Hyperion's favor.

Well first of all Hyperion was silly to bring it forward and make it part of the court record.   Now there it is in black and white Itec tried to pay 25K before the 6 months had ran out, Itec say in fact they had already paid it, etc, but just in case the judge decides Tachyon money or KMOS money or McEwen money can't count towards the number, there is no doubt Itec with an Itec check tried to pay for the OS.  It also takes all the KMOS transfer out of the equation.  Hyperion argues that they didnt agree to KMOS (now you and I both know that Ben and Evert posted lots of messages and press releases to the contrary, but that doesnt matter now).   Hyperion agreed to sell the OS to Itec, they signed a contract, Itec has tried to pay them so they supply the OS to KMOS who they have sold it too.  KMOS is suing for non-delivery of the product, they know there friends at Itec would love for it to be supplied, Hyperions says they are giving it to them because they didnt agree to transfer the contract (though they took the 7200 and 8850 as more payments just fine from KMOS), fine, Itec says here is your money give us our software so we can supply it to its new owner KMOS.  All the KMOS isnt AID, KMOS cant buy the contract unless we agree, etc all goes away, because Hyperion agreed to sell it to Itec, after Itec buys the OS, they can sell it whenever and to whoever they want, so Itec says give us the OS, so we can supply it to KMOS and most of Hyperions case has now gone away.   All the stuff about AI-KMOS contract, the coupons, etc all goes away.  Its real simple now, Itec bought the contract, Hyperion agreed to sell the OS to Itec for 25K, Itec has written checks exceeding 25K to Itec, Itec hasnt gotten the OS.  Who Itec sold the OS to, how much they paid, etc, all has nothing to do with Hyperion.   Hyperion has cut there own throat and Ben doesnt even realize it yet.  It like when he provided the Friedens contracts, they help AID alot more then they help him.   Ben needs to prove a US company was insolvent when it owed a few 100K and still owned trademarks worth millions, or prove that despite he and the rest of Hyperion telling people "when its done" for years, that it actually was done in December of 2004, even if he does that, he still needs to prove that Itec didnt really pay them the $24750 which he invoiced for the wrong amount.   Hyperion needs to be working on a better rabbit or start doing something to cut the court costs they are going to have to pay for AI's high priced legal team.
     -Tig
       

[Tigger]

gazgod wrote:

Can we just move on to something more constructive!!! PLEASE!

If you dont like a thread, dont read it or dont post on it, all the posts here are on topic except yours.  Makes you think.
    -Tig

[Tigger]

JJ wrote:
Tigger is continually bigging up AINC side of things.  He seems to have something personal against hyperion, becuase nobody with a brain could defend AINC as much otherwise

First of all JJ, I'm the guy the wrote the big article (and timeline) that went into the entire "probably illegal" transfer of assets by AI to KMOS.  I'm the one who pointed out all the lawsuits AI lost (Bolten, Matt, Fedex, etc)  I dont like McEwen very much and as most know, Fleecy tries to keep a country or two between him and me, it keeps his crooked ass teeth in his mouth.  HOWEVER, that doesnt mean that Hyperion has a case here.   Its hilarious that everyone thinks that Bernd (Amithlon) and I are shilling for AI at the moment, when neither of us can stand them and know from personal experience that they are crooks, its just they actually have a case, like they didnt before, and legally they are much more likely to win then Hyperion.  As I said about 6 weeks ago, I'm not a Spurs fan, but I think they are going to win the NBA playoffs (they did).  I'm not an AI fan either, that doesnt mean they arent going to win this lawsuit, and the sooner people realize that AI winning is probably the only chance for the OS at this point the better.  I'm sure at the end of this when AI wins, we'll have a bunch more leaving the community because HypeOS is the real OS and they arent interested in whatever AI supplies despite the fact it will be very close to what shipped for the A1.  We've seen some of that already.
     -Tig