redrumloa wrote:
I'm suprised to see you have this view. Up to this point I figured AI had a slam dunk. I read this most recent document and thought things had shifted in Hyperion's favor.
Well first of all Hyperion was silly to bring it forward and make it part of the court record. Now there it is in black and white Itec tried to pay 25K before the 6 months had ran out, Itec say in fact they had already paid it, etc, but just in case the judge decides Tachyon money or KMOS money or McEwen money can't count towards the number, there is no doubt Itec with an Itec check tried to pay for the OS. It also takes all the KMOS transfer out of the equation. Hyperion argues that they didnt agree to KMOS (now you and I both know that Ben and Evert posted lots of messages and press releases to the contrary, but that doesnt matter now). Hyperion agreed to sell the OS to Itec, they signed a contract, Itec has tried to pay them so they supply the OS to KMOS who they have sold it too. KMOS is suing for non-delivery of the product, they know there friends at Itec would love for it to be supplied, Hyperions says they are giving it to them because they didnt agree to transfer the contract (though they took the 7200 and 8850 as more payments just fine from KMOS), fine, Itec says here is your money give us our software so we can supply it to its new owner KMOS. All the KMOS isnt AID, KMOS cant buy the contract unless we agree, etc all goes away, because Hyperion agreed to sell it to Itec, after Itec buys the OS, they can sell it whenever and to whoever they want, so Itec says give us the OS, so we can supply it to KMOS and most of Hyperions case has now gone away. All the stuff about AI-KMOS contract, the coupons, etc all goes away. Its real simple now, Itec bought the contract, Hyperion agreed to sell the OS to Itec for 25K, Itec has written checks exceeding 25K to Itec, Itec hasnt gotten the OS. Who Itec sold the OS to, how much they paid, etc, all has nothing to do with Hyperion. Hyperion has cut there own throat and Ben doesnt even realize it yet. It like when he provided the Friedens contracts, they help AID alot more then they help him. Ben needs to prove a US company was insolvent when it owed a few 100K and still owned trademarks worth millions, or prove that despite he and the rest of Hyperion telling people "when its done" for years, that it actually was done in December of 2004, even if he does that, he still needs to prove that Itec didnt really pay them the $24750 which he invoiced for the wrong amount. Hyperion needs to be working on a better rabbit or start doing something to cut the court costs they are going to have to pay for AI's high priced legal team.
-Tig
