Hyperion takes bat, swings for McBill's head!

[dammy]

Boy is this getting down and dirty, Hyperion may pull an upset.

It's more fluff trying to cover up what AI has pointed out in Hyperion's failures.  End of the day, AI was not insolvent via Title 11 (they had Amiga IP which they can show they bought from Gateway2K for millions so they were still had capital, jut not liquid capital at that point in time) and according to another Federal Government entity (USPTO), Amiga DE owns the Amiga IP.  Then there is Hyperion accepting $25K from Itec for OS4 and failed to produce it would could be considered  wire or mail fraud.  Are we having fun yet?

Dammy

[dammy]

Well the document makes very interesting reading we will have to wait how long for a verdict on all those points and information raisedf there in????Personally I just want this all to be sorted once and for all?

This is Federal Court, could very well take years.  Five years wouldn't be unheard of.  Then the lengthy appeals start.  Are we having fun yet?  Hope Hyperion has some very deep pockets. :-D

Dammy

[dammy]

http://en.wikipedia.org/wiki/Insolvency

But to show me that under Title 11 which what counts in Federal Court.  Then show me under which ever title, it's retroactively enforceable.

Then that's another court hearing forcing AI WA into involuntary bankruptsy (which I believe takes three creditors).  Now that could rip Amiga IP away from Amiga DE. Of course, Bolton and others who have court ordered judgements would get first monies from AUCTION of assets (Amiga IP).  Benji's contract about getting OS4 is not enforceable under US Code.

Then there is the issue of Hyperion accepting the $25K as apart of the OS4 buy back and failing to produce the source code and object code.  That could be forced into yet another court system for mail or wire fraud.

:popcorn:

Now the chances that

1. Court will find this interesting enough to dig that deep.
2. Hyperion's legal fund is in the millions
3. Pennti's pockets are that shallow

Are pretty damn remote.  Of course, then you have years worth of appeals to the highier courts, should AI lose.

Dammy

[dammy]

who knows, ANYTHING could happen!

Unlikely since it's based on US Code and case law.

Dammy

[dammy]

I don't know about all that Dammy, Hyperion is suddenly making a good case IMO. According to Jens Shoenfeld Amiga Inc is completely unable to prove ownership of AmigaOS and thinks they are "crooks". I think the key piece here is Amiga Inc Deleware is not a legal entity. If you read the whole filing, it spells it out pretty well.

I'll be standing in line with the others thinking AI is unethical business.  I can't see where Hyperion is going with this.  They can't get the IP from AI WA, creditors get money after it's liquidated.  Hyperion can not get the IP first, it's not allowed under US Code (because then companies can't play asset shell games all day long).  So if the court case is dimissed, Hyperion would have to file a law suit seeking transfer of the IP which the courts will not allow since there are creditors in front of Hyperion.

Dammy

[dammy]

(because then companies can play asset shell games all day long)

Sorry, I ment to type "Can't".

Dammy

[dammy]

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.

They should have cashed the second $25K and called it a day.

Dammy

[dammy]

I think most of your arguments are broken by the (fraudulent) way that Amiga Inc done things...

Why don't you go point by point with Tigger on where he is wrong?

Dammy

[dammy]

Which PDF had the signed contract between Hyperion and AI WA for the additional work Hyperion said it was going to do, and for how much?  Or wasn't there a signed contract for any additional work?

Dammy

[dammy]

So it seems.. still I don't know where Amiga will get another company to do their AmigaOS 4, probably they will just redo the contract, after all they were willing to pay 2M weren't they...

For that type of money, bet they could get MOS for OS5.  Then again, they can download OS5 from here.


Dammy

[dammy]

It's just another tale of woe in the saga that is Amiga. The motion is up for Friday the 13 of July.. Yes Friday the 13th!. Lets hope that is bad luck for Amiga Inc. If all the alligations are correct (and we know a lot are) AI are nothing more than crooks.

Your just NOW figuring this out?

I only hope Hyperion's interests are not just for themselves or their intellectual investment but also for the good of Amiga.

Looks like your hopes are badly misplaced. :roll:

Dammy