Is Amiga Inc (KMOS) still alive?

[Hans_]

mike- wrote:
@Hans

Exactly, and one of the reasons i think they lost the case before it even began, that and not providing the source code, paying 5 dollars less then the said sum and having bill himself saying they were insolvent in another court case.

Whats going on with the case now btw?

I haven't really been following it for a while. IIRC, they are in court-ordered mediation, and will soon have to set deadlines for ending discovery, etc.

Hans

[persia]

can't Hyperion's lawyers ask that the case be dismissed on the basis of Amiga Inc/KMOS/Amino admitted insolvency?  Hyperion have done a great job, if they could just get this lawsuit cloud to go away we'd have OS4 for Efika, Pegasus and MacMini by now.

The big fear is that if KMOS/Amiga Inc lose the lawsuit they'll sell the domain to some Portuguese/Spanish dating service...

[Hans_]

persia wrote:
can't Hyperion's lawyers ask that the case be dismissed on the basis of Amiga Inc/KMOS/Amino admitted insolvency?  Hyperion have done a great job, if they could just get this lawsuit cloud to go away we'd have OS4 for Efika, Pegasus and MacMini by now.

The insolvency issue is part of their arguments, but a case won't be dismissed so easily.

Hans

[Daedalus]

mfletcher wrote:
I hear they've just hired Doomy as the new CTO.

I doubt it... I haven't seen any new military spec A2000s for sale anywhere  :-P

[560SL]

Unless they start pumping out AGA + G4 upgrades for A500, I don't really care what these clowns are doing.

Wish they'd stop bugging Hyperion though...

I bet they make loads and loads of dosh on that Hillsea Lido port...

[number6]

@Hans

I haven't really been following it for a while. IIRC, they are in court-ordered mediation, and will soon have to set deadlines for ending discovery, etc.

Sadly, there is a difference between court ordered mediation and the act of actually attending said mediation, which would be the *cough* normal 1st step.

Neverless, docs filed today July 21, 2008:
Filing #112

#6

[Unit21]

@ Everyone


I believe, based on the history of the Amiga/KMOS people and the past achievements of their boardmembers, that Amiga Inc is nothing more than a shell-company.

It is used for various purposes and can act as a safe-haven for the Investors to stash their money when needed.

All the ideas and dreams for the future that might have been kicked around the Amiga Inc lunch-table back at the turn of the millennium are long gone.
Don't expect anything from them remotely resembling development in the "True sense of the Amiga".

This company is dead.
Amiga Inc is dead.

Now can SOMEONE call Acer and remind them that they actually OWN the Rights (tm) to the Amiga name and quite possibly some sourcecodes?! ;-)

[Floid]

Hans_ wrote:

persia wrote:
can't Hyperion's lawyers ask that the case be dismissed on the basis of Amiga Inc/KMOS/Amino admitted insolvency?  Hyperion have done a great job, if they could just get this lawsuit cloud to go away we'd have OS4 for Efika, Pegasus and MacMini by now.

The insolvency issue is part of their arguments, but a case won't be dismissed so easily.

This is the US, and this is a contract dispute; insolvency doesn't enter into it except as regards performance under the agreements at issue (and if you are insolvent in reality, your ability to get someone to show up for you in court).  If you're entitled to something, you're entitled to it whether you're rich or broke.

Of course, the court, in the end, has to make a legal determination as to who's really entitled to what, if anything.

Now, as a US entity, if AInc. sees an unpleasant result looming, or takes it to fruition and are ordered to pay damages, they have the option to file bankruptcy... or if they're broke and don't desire to continue operating, they don't even have to bother; if they have no assets there's nothing to collect on, except perhaps the trademark(s).  That's part of the incentive to settle this sort of thing.


Edit:  Okay, maybe I'm not as obsessive about this as I think I am; I forgot there was an insolvency provision in the agreement, so if Hyperion prevails on that they prevail on that.

[persia]

Billy boy made a mistake when he fail to keep Amino (Amiga Washington) registered as a Corporation.  Do you think if Hyperion wins they'll rename themselves "Amiga Inc" or has the name lost all it's value?

[A6000]

persia wrote:
Billy boy made a mistake when he fail to keep Amino (Amiga Washington) registered as a Corporation.  Do you think if Hyperion wins they'll rename themselves "Amiga Inc" or has the name lost all it's value?

Their actions have certainly destroyed any goodwill linked to the name, so it has lost most of it's value, but if by some miracle anyone (Natami perhaps) wanted to produce an amiga compatible, it would help marketing a lot if they could call it an amiga, so it might have some small value but it is hard to put a cash value on it.

[codenetfx]

Amiga Inc. is entirely irrelevant. Just look at their site. They are selling games for $4.99 and at the same time you can get a boatload of games to play on WinUAE or Amiga Forever.

Amiga Inc is broke. They just don't want to admit it.

I don't follow Hyperion's business model either. pretty much the same as Amiga Inc. business model:

1. Develop OS
2. ?
3. Profit

(this is the same concept presented in "South Park" which started with "Collect underpants" and ended in "Profit")

[persia]

Amiga Inc doesn't sell one "Amiga-compatible" product. Never have and prbably never will.  THe only thing keeping the afloat is Amiga Development India, which is really just an Indian IT company called Ruksun.  I think we have to fact the fact that the name Amiga will probably belong to a bunch of Indian dotNet developers.  

Hyperion, on the other hand at least produces something Amiga.I hope they do manage to have a profit, if we lost them, we'd be on our own.  Not that that is bad of course...

[amigadave]

I have read pages and pages of the court documents from both sides and it was pretty apparent that Hyperion is basing most of their argument on their assertion that Amiga Inc. Washington was in fact insolvent before they transferred the Amiga IP to KMOS/Amiga Inc. Deleware, and therefore Hyperion now should have a lifetime perpetual license to continue development of AmigaOS4.x and have use of the trademarks.

I am fairly sure that if Amiga Inc. prevails on all parts of the court case that it will not be a good thing for any Amiga user that wants to see AmigaOS4.x to continue to be developed, but I am not to sure what the future will be like for those same Amiga users if Hyperion prevails.  I can only hope that it will be much better and that Hyperion will be allowed to develop AmigaOS4.x and beyond for many other hardware platforms.

I also hope that Hyperion will make the wise decision to develop and release OS4 for the PPC Mac machines as an interim hardware solution until they can develop OS4.x on a more powerful hardware platform.

[Dandy]

persia wrote:

Looking at Amiga Inc's website there has been nothing posted since the first of  February.  Have they died? Transfered the IP to another shell company?  What's up?  I notice that Amiga Development has added Linux to it's dotNet skills but what about the so called parent company?

Why are you so upset?
They are doing "business as usual"...
 :roll:

[dammy]

IIRC, they are in court-ordered mediation,

That's Hyperion vs Amino, not Amiga Inc vs Hyperion.

Dammy

[dammy]

Washington was in fact insolvent before they transferred the Amiga IP to KMOS/Amiga Inc. Deleware, and therefore Hyperion now should have a lifetime perpetual license to continue development of AmigaOS4.x and have use of the trademarks.

No it didn't.  Please go check on US Code description before you make such a statement.  Amiga Inc's value at the time exceeded it's debt and therefore was solvent under US Code.  Hyperion is barking up the wrong tree with that one. I know, it's the only tree they have to bark up on but that doesn't make it the right tree.

I really do not understand why Hyperion would make this silly statement when they already sold OS4 to Itec for $25K.  What are they going to do, admit in Ferderal Court they committed federal wire fraud by defrauding Itec and still have the rights to OS4?   :lol:

Dammy