Checkmate?

[AmigaHeretic]

Not sure how it is a "checkmate" exactly.  Looking at the 2nd PDF, the ITEC one, there seem to be two strange things...

1. There is NO signed contract giving rights to ITEC that I can see, at least not that Hyperion signed.  There is only the original 2001 contract as always that was signed with Amiga Inc #1.  Aren't they claiming that Hyperion signed a deal with them, yet they have no copy of the deal??  Maybe I'm missing something?

2. And this seems very strange.  There is a copy of an uncashed check for $25,000 dated 06/20/07 ??  2007 is that right?  What does an un-cashed check prove?  That they didn't pay?  Or that NOW they are willing to pay the full amount?  

[AmigaHeretic]

Ah, I said I thought I was missing something!  That is a much smaller contract.  

So reading that it does seem strange they just sort of wrote Eyetech out of the whole thing.  Can they even do that?  


Here is what I read...

First they define who the Amiga One partners are they even put Amiga One partners in quotes and everything just like I have it written except I put it in bold:

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In the AmigaOne 2001 contract:

Article I

"Amiga One Partners" means Eytech and Hyperion collectively;
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then still in the original contract

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2.01  Appointment.  Amiga hereby grants the Amiga One Partners a right and license to use and modify the Software and an exclusive right and license to market and distribute OS 4 as a standalone version ...etc..  Amiga furthermore grants the Amiga One Partners a right and license to use the Amiga trademarks in conjunction with the Amiga One. etc...
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here is what is strange in the 2003 agreement....

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Hyperion shall transfer the ownership of the Object Code, Source Code and intellectual property of OS 4.0 to Itec in accordance with the provisions of the November 1, 2001 agreement between Amiga, Hyperion and Eyetech and to the extent it can do so under the existing agreements with third party developers whose work shall be integrated in OS 4.0.
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Hyperion  When did they take "ownership"??  I think they are missing a signature on the contact?  If Amiga Inc, didn't own the code any more then it now belongs to the "Amiga One Partners" and I doubt that Hyperion could just sell it with out Eytech signature.  They could try and they could certainly sign a contract, but that doesn't make it valid.  

I think the 2003 contract is totally invalid just because of that one point.