dammy wrote:
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:
