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Author Topic: Interview with KMOS CEO Garry Hare (25 Mar 04)  (Read 26331 times)

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Offline SirLancelotDuLac

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Re: Interview with KMOS CEO Garry Hare (25 Mar 04)
« on: March 26, 2004, 09:25:21 PM »
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Absolutely not. I see nothing at all to dissuade me from my belief that the KMOS/Itec AmigaOS deal is nothing more than IP laundering. None of the questions regarding WHY it was first bought by Itec then KMOS have been answered, or what value was put on the IP, or what the actual plans for it were. Nor has an explanation been given for the many supposed months of secrecy, or why Amiga Inc employees were allowed to represent themselves as people with control over the future development of AmigaOS4.

In short, there is nothing to indicate that this is not primarily an attempt to divorce AmigaOS from the liabilities of Amiga Inc.


Now I know this does not directly answer your questions, but Garry did explain who Itec is in relation to Amiga, as quoted here:

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Garry: Itec has been an investor in Amiga since the purchase of the assets from Gateway. It remains an investor today. Itec is also the Senior (first place) Secured Creditor of Amiga Inc. KMOS purchased the OS asset from Itec. There is no formal relationship between the companies (KMOS and Itec). I am not involved in Itec in any way.


Now it is obvious from this that Itec was not simply a company thought of to "save the IP", since they were investors from the beginning.  As Garry states, they are Amiga's "Senior (first place) Secured Creditor".  Not being a corporate attorney and not owning a corporation I can only guess what this means, but I imagine I can make a good guess just by paralleling it with my life.  I have a primary secured creditor on my house loan, if I go bankrupt, they are the first ones who get money from the bankruptcy sale of my house, if there is any money left, my other creditors, whomever they may be (credit cards, non-secured personal loans, etc.) will get dibs on the cash.  

I would imagine the same is true for business, although probably much more complex.  I imagine that if Itec was the "Senior Secured Creditor", they probably get first dibs on Amiga Inc's assets over everyone else (employees, airborne, etc.).  Therefore it may be perfectly legal for Itec to claim ownership of Amiga OS in april and yet Bill McEwen still state that it is one of Amiga Incs IP.  Since Itec are Amiga Incs primary secured creditor, it may also be perfectly legal for them to sell it to KMOS in October.  Perhaps the sale of Amiga OS and Amiga Inc. concentrating on DE was a requirement for Itec to supply more funding.  However, this is something that we will probably never know and it is really none of our business.  That is between Amiga, Itec, KMOS and the Federal Government.  If the Feds say they have not broken any laws, then they have not.  We have no choice but to wait and see, the only way it becomes our business is if the courts make a public ruling stating illegal activities occurred.  (Even then it is really none of our business, just an interesting read for us average Joes and a means for some to prove their conspiracy theories accurate.)

Again, to clarify, I am not a corporate lawyer nor do I own a corporation, therefore, this is all speculation.  I could be wrong, and if there is a corporate lawyer out there who could validate/invalidate any of my speculation, that would be much appricated.   :-)
 

Offline SirLancelotDuLac

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Re: Interview with KMOS CEO Garry Hare (25 Mar 04)
« Reply #1 on: March 29, 2004, 03:42:50 PM »
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(In fact, didn't the amiga.com announcment state that KMOS acquired Itec?


No it did not, it said the following:

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On April 23, 2003 Amiga entered into an Agreement with Itec LLC, later acquired by KMOS, Inc.


Unfortunately, that is a bit vague, does it mean the agreement was acquired by KMOS or that Itec was acquired by KMOS?

The answer to this question comes from Garry Hares declaration:

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On October 10, 2003, KMOS entered into a Stock Purchase and Sale Agreement  and Agreement of Assignment of Intellectual Property Rights (the "Agreement") under which it acquired all Itec's interest in Amiga's Amiga OS family of products.


This shows that KMOS only acquired Amiga OS from ITEC and did not acquire ITEC.