AmigaDE for Pegasos PPC website

[dammy]

by Glaucus on 2003/11/29 21:32:13

Correct, and if the courts decide in favour of Genesi then they would at least have a legal right to make reference to the AmigaDE on their website, however, as far as I know the court case is still on-going.

Your forgetting about the contract issue which is why there is court action. Genesi has a contract with Amiga Inc for rights to logos and such for (then) existing hardware and future hardware (that's where Peg comes in) within reasonable limits which Amiga Inc agreed to not be able to dismiss any product out of hand without a legit reason.  If Amiga Inc wins, they will probably request to the courts that Genesi remove said links and logos.  Until then, Genesi has reasonable expectations of using the contract terms as they see fit.  

It is also in Amiga Inc's right to not negotiate and let the courts settle it. If I were in their shoes I'd probably do the same, especially if they feel they have a strong case. Unfortunately it seems they can't afford counsil which may sink their ship, but that's a different matter. And who's to say what's going on behind closed doors? Negotiations may very well be going on, there's no reason to trust anyone involved as to what's really going on in private. Personally, I don't trust Bill Buck's public statements regarding such business dealings.

Amiga Inc is being extremely stupid not to deal with Genesi.  Even that $250K Genesi offered besides the monies for porting, to keep Amiga Inc afloat shows there is no reasonable business practice left, it's all petty actions of Amiga Inc's executives.  Amiga Inc is more then willing to steal $65K from the Amiga Kommunity, but it won't touch Genesi's $250K?  What type of nut jobs are running the show?   A cash strapped company that is in dire economic straights turns down a paying customer with up front money?  Hello, is anyone in there?

What's to negotiate when what Genesi REALLY wants is the "Amiga" name and Amiga Inc could not possibly have any benefit from sharing it's one and only trump card with their main competitor! It makes no sense for Amiga to negotiate - it's do or die for them and without in betweens. Does that make sense?

None what so ever.  Competitor is M$ and Amiga Inc is being a little whore with Gates.  Next competitor would be Linux community.  Way down the F'ing road is Genesi, a mear grain of sand compared to Amiga Inc's real competitors.  Hell, TAO group is more of a competitor to Amiga Inc the Genesi is, and TAO group owns the core IP to DE.

Dammy

[dammy]

by mantisspider on 2003/11/30 7:33:27

It seems that even with the sales of the AmigaOne it may be too late to save Amiga Inc (although Hyperion and Eyetech will carry on regardless with the AmigaOne no matter what happens to AmigaInc) the important discussions should be with TAO.

No, that's not correct.  Once Amiga Inc goes into bankruptsy, Hyperion/Eyetech will have to make a new seperate bid for the Amiga trademark to continue to hock the teron mobos as AmigaOne.  If someone out bids them, they can no longer use Amiga Inc logo or trademarks (if Amiga Inc owns the latter, don't think it's been cleared up yet by the US Government on trademark ownership).  Yes, Hyperion/Eyetech can continue on selling their wares, but would not be able to use anything related to Amiga Inc's old IP.  

Dammy

[dammy]

by Glaucus on 2003/11/30 12:03:50

It is my understanding that Hyperion had it worked into their contract with Amiga Inc that the OS that they are developing will be called AmigaOS regardless of what happens to Amiga Inc. In otherwords, Amiga Inc could go out of business tomorrow, Hyperion's AmigaOS 4 will not need a new name. Not sure about the AmigaOne though.

What Ben didn't realize at the time, that contract is void once the bankruptsy in US court is underway.  ALL contracts are voided the moment the US Federal Court gets it's mits on Amiga Inc's assets.  With the exception if it's profitable to those who have judgements and to the creditors for an existing contract to continue, it's voided on the spot.  The court is there to insure those who are owed judgements and the creditors get the maximum possible amount of monies back.  In either case,  Hyperion is SOL.

Guess we see why Ben has focused on money making instead of OS4?

Dammy

[dammy]

by Step on 2003/11/30 11:58:06

If .inc would be close to bancruptcy and the IP and name could be sold off, surely they would sell it to Hyperion/Eyetech just for the heck of it. Assuming the stockholders appprove.

They wouldn't be allowed to by US Code for bankruptsy.  That's sheilding assets.  At best, the Judge would just void it and award the IP back to the court appoint administrator for liquidation.  At worst, criminal charges/referrals could be sent to US Grand Jury.  Atleast then McEwen could get his medicle needs taken care of, free of charge! =)

Dammy

[dammy]

by Step on 2003/11/30 15:27:13

More possibilities ?, they could start getting nice revenues from A1/OS4/DE, find new investors, new partners etc.

Unlikely to happen, if it was, it would have happened years ago.  Problem now is that everyone and his mother knows how bad off Amiga Inc financially with judgements against (yes, that is public record which is on Amiga Inc's (and McEwen's) credit report) that has to be satisfied first.  Would you  invest in a company with a failed idea, no offices, has judgements still oustanding, and is currently being sued by a company that has an existing contact with them?  Odds are, you would grab your wallet and go screaming out of McDonalds since the would be the only real place to meet with McEwen.   The only person stupid enough (sorry, has to be said) to pay any type of money is BBRV, and McEwen knows it yet he rather loose his house to the bank then deal with BBRV.

Selling enough A1s to cover that type of debt?  Yeah, right.   There still a matter of sCAM to settle with and then there is all those free OS4 via DEad PartyPack owners that has to be satisified.  Seeing Elvis step out of a flying saucer is more likely to happen then Amiga Inc surviving.  But anything is possible, I guess, just highly unlikely.

Dammy