Midgets Go to War: Genesi sues Amiga Inc.

[greenboy]

I think some people have missed a major point here: Genesi has simply made the community (such as it exists) aware that an action in fact has been filed. This is simply an announcement in the interest of informing everyone. It is neither a move to engage community opinion or shape it (like that would have any positive bearing on such a case) - nor is it threats in the form of a series of public postings that may or may not ever have been intended to be followed up on.

As no major details have been released, I truly think that to be the simple purpose of the announcement. If given to further supposition, I would guess that all other avenues have been privately exhausted to handle matters outside of court, as per contract(s). So perhaps legal action is the only thing left to guarantee resolution one way or another.

[greenboy]

Mountain_Myst,

You mean you don't recall Amiga Inc's "AMNESTY UNTIL SEPTEMBER ONE" posting(s)? Amiga Inc personnel have indeed said much in the past year.

[greenboy]

hey MarkTime,

I didn't say that opinion isn't being shaped {gedd oudda town if you think I would ever believe THAT! ; } ...  What I said (or tried to say) is that I doubt that our trivial postings, rants, and flames here and elsewhere do much to inform any findings in court ; }

[greenboy]

So BBRV is passionate about the subject and does not enjoy being called names or ridiculed... Maybe the level of discourse could be raised everywhere if all parties would agree not to say things like "bb is making a fool of himself on ann (again)."

I will note that BBRV sometimes seems to react - but is also quite capable of apologizing or supporting someone who earlier could have been considered in the enemy camp. In my book, he understands a concept of honor. Unfortunately that sometimes means those who seem to be acting without honor set him off.

Hate to sound like a "supporter", but I know that while none of us are perfect, some people are TRYING to get things done, and I can forgive them what I consider human errors ; }

[greenboy]

Mountain_Myst,

What slander? do you understand what the definition of slander is? If Amiga Inc genuinely believed what they said, and threatened what they threatened, then it behooves them to follow through with legal action. "Liking the speech" does not help anything be legally resolved.

Heck, I've liked speeches before, too. Later on I found they were no basis for anything other than good speechwriters' paychecks. And those particular words actually interested me a good deal because I really wanted to see some resolution to base future plans on.

But you seem to speak a lot from hearsay - and vacillate as well on which hearsay is currently affecting you. Like it's more about your emotional state of security than what has been actually presented. If it is indeed "plain to see that Amiga code was used ... They can say that they didn't use it if they wish, but I know better than that," why would such a simple open-and-shut case then not be pursued by Amiga Inc, and won?

A sidenote: perhaps you do not understand what the implications of a compatible API are either...

Genesi, or whomever, might have written a lot of things, but I can tell you now that Amiga OS code is in there.

Then Amiga Inc should call you in as an expert witness. Perhaps your intimate knowledge of the development issues can turn the tide in their favor.

[greenboy]

pixie :  If they don't provide extra information,why bring it on the first place!?

Hey pixie,

They provided the essential information: that they are following through. Thus, nobody needs wonder.

[greenboy]

AmigaGuy (and others),

All though the thread, if I am skimming with any comprehension,  there seem to be lots of users confused by the difference between actually using source code, and simply supplying compatible APIs by clean-room design and developed with available documentation (of which there is plenty, as Downix points out).

Anyway, there is a huge difference legally, a huge difference in the delivered code base (and in some cases, even the OS architecture could be significantly different). And as some have pointed out, there are legal precedents.

As for whom would need to prove what in such a case, the burden of proof would fall on Amiga Inc to show in court after filing suit that IP (source code) had been infringed/used; compatible APIs are no sin or crime here. Well, Amiga blustered months back and even publicly issued a deadline (for amnesty?) but I see absolutely no signs that they followed through on anything like this.

To address another (rhetorical?) query here: the reason Genesi has pressed suit is unrelated entirely, and evidently because it seemed to be the only way to get a response after contractual agreements failed to be honored. Notice I said "evidently": it is for the court to decide. And it isn't cheap to do this for Genesi, but when parties agree to sign a contract and later one does not honor it, someone often feels it needs to be resolved.

I think it's the same as it would be for any of us, had we contracted for services or products and failed to recieve them, or even have queries about fulfilling those obligations acknowledged. I'm not sure how deep it goes and wouldn't gossip about it if I did, but that's the picture to the best of my knowledge.

[greenboy]

If that is the case, how do you justify what you just said. You are presuming Amiga to be guilty without trial.

Please put the bifocals on. I said nothing about guilt, or whose guilt, used the word "evidently" to qualify what I did say, and "it is for the court to decide".

I know you want to everyone to think Genesi is baaad-they're bad! But you are loading your verbiage with way more "presumption" than I think mine carried. But whatever; I suppose we all have our versions of what is or could have been, and that's why some things end up in court.