AINC VS HYPERION - Hyperion Lost?

[Methuselas]

Ilwrath wrote:
@Methuselas -

Even if we are abstinent, We have a better chance of contracting syphilis than we do of getting anything of benefit from Amiga, Inc.  :lol:

There.  fixed that for you.  :lol:
HTH

*snort*

[persia]

Sad we no longer get to watch from the sidelines.  Is it possible that there is something damaging that may be being introduced into the court.  What could be more damaging than AIncs long history of press releases on non-existent products and reneging on the stadium naming deal?  That there is in fact no Amiga Inc outside India?

[stefcep2]

The fact that this has dragged on for so long without a trial says that neither party is certain of the strength of their case.  For them to take this long and only be at the discovery stage of proceedings confirms this.  So up until now, its just been hot air, claim and counter-claim, without anyone really declaring if they have anything of substance to back their side up.  Lawyers encourage this "negotiation" citing it as less risky and cheaper than going to trial. When it fails, as it usually does, the lawyers then apply for court-appointed mediation on the same grounds ie less risky, less costly, and all discussions are "without prejudice" ie not admissable in Court or available to the public.  It will drag on and the legal fees will continue to mount until both sides wake up to their lawyers little game.  All because neither party wants to risk a judicial decision because neither side is certain of the strength of their case, and they both are secretly hoping for the best compromise.

[number6]

@stefcep2

At least the Itec case against Hyperion has been disposed of.
What that means is somewhat debatable.

#113 and whatever follows

#6

[mailman]

So, to sum up everything in more undestandable language (I am not native english speaker and law texts are not my cup of tea).

1. There is going to be a judical settlement between Amiga Inc. and Hyperion on which Eyetech and Itec will appear. The settlement will be held in October and will be conducted by the judge Kelley Arnold (asked by both parties).

2. After the failure of settlement, the Court has 45 days to set the following deadlines of:
- Discovery cutoff
- Dispositive motion cutoff

and dates of:

- Trial Date
- Lodging Date

In my understanding the trial might be as well next year or in two years. It doesn't say that it is 45 days after the judical settlement. It only says that 45 days after the settlement the Trial Date has to be set.

Am I correct?

BTW, what is the Lodging Date? I looked up in several dictionaries and none of them defines this as a law term. I figured out that this is the date until which you can issue a motion of complaint to the sentence after the trial. Am I correct?

[Atheist]

number6 wrote:
@stefcep2

At least the Itec case against Hyperion has been disposed of.
What that means is somewhat debatable.

#113 and whatever follows

#6

Hi #6,

If ITEC has to pay Hyperion Entertainment's legal fees, Hyperion W O N !!!!!!!!!!

WooooooooHOOOOOOOOOOOOOOOOOOOOOOOOOOO!


I'll save the laughter until all the results are visible.



Hi mailman,

I believe lodging means, that some of the people from Europe may testify in person, so the trial date would have to be when they can attend, within reason. Hence "lodging" in Seattle for the trial dates.

[Dandy]

number6 wrote:
@stefcep2

At least the Itec case against Hyperion has been disposed of.
...

Yeah - I just read it on amiga-news.de:

"Lawsuit:
ITEC action in New York against Hyperion dismissed

The action brought by Itec LLC in New York against Hyperion VOF has been dismissed there, as the agreement of 24. April 2003 between the two parties refers to the one between Amiga Inc., Hyperion and Eyetech of 3. November 2001 and the latter exclusively provides two courts in the Washington state in case of an litigation."
(My translation of the German original)

[Manu]

1. There is going to be a judical settlement between Amiga Inc. and Hyperion on which Eyetech and Itec will appear. The settlement will be held in October and will be conducted by the judge Kelley Arnold (asked by both parties).

That meeting will most probably end with the same way
it started or worse. I'm not having my hopes up for that meeting, not at all.

[Atheist]

Actually, there are 2 reasons why a court appointed settlement can't work.

Amiga Inc. Wa. no longer has the contract, and the company that DOES, their name isn't on the contract. Only the original Amiga Inc. Wa. can be the owner. (Amiga Inc. Wa. will cease to be on Sep. 28, 2008? Or should I say Amino LLC? BTW, what great products does Amino LLC Wa. make??!?!?! Website? WHO works there?)

2nd thing is, Hyperion Entertainment in NO way, shape or form has an obligation to have to pay their lawyer's fees due to KMOS's (MKOS?) action against them. They're the equivalent of an unconcerned party bringing a lawsuit into court.

Will Amiga Inc. Del. (if they're allowed to hold that name) pay H.E.'s court costs? I think not!

[Louis Dias]

Looks like the chips are stacking up against KMOS (aka AmigaDon'tCare)...

As one of the most vocal defenders in the threads on amigaworld.net...and even to the point of being temporarily banned from posting by a TOTALLY biased moderator...

Edited by Argo : obscene smileys

...no I'm not bitter...

[Louis Dias]

Atheist wrote:
Actually, there are 2 reasons why a court appointed settlement can't work.

Amiga Inc. Wa. no longer has the contract, and the company that DOES, their name isn't on the contract. Only the original Amiga Inc. Wa. can be the owner. (Amiga Inc. Wa. will cease to be on Sep. 28, 2008? Or should I say Amino LLC? BTW, what great products does Amino LLC Wa. make??!?!?! Website? WHO works there?)

2nd thing is, Hyperion Entertainment in NO way, shape or form has an obligation to have to pay their lawyer's fees due to KMOS's (MKOS?) action against them. They're the equivalent of an unconcerned party bringing a lawsuit into court.

Will Amiga Inc. Del. (if they're allowed to hold that name) pay H.E.'s court costs? I think not!

When you initiate a law suit and lose, the defending party can recover their court costs from you in the USA.  This was implimented to stop frivilous lawsuits that were so common at one time...

[Dandy]

lou_dias wrote:

Edited by Argo : quoting obscene smileys
We're a PG-13 site guys.

 :-o  :-D  :lol:  :laughing:
 :cheers:

[Atheist]

lou_dias wrote:

When you initiate a law suit and lose, the defending party can recover their court costs from you in the USA.  This was implimented to stop frivilous lawsuits that were so common at one time...

Hi lou_dias,

Hmmmmm, well, in a court appointed settlement, is there a "winner" and "loser" for money to be paid out for lawyer's fees of one side over another? I guess there never really was a trial as some kind of settlement occurs with both walking away, both feeling like they've lost. So both pay their own fees?


Frankly in my opinion, Amiga Inc. Del. is a fraud, as they have NOTHING holding them back from releasing AOS5 onto a starving hungry world! Well, other than it doesn't exist?

I haven't read even one sentence anywhere of HE opposed to AOS5.0 being sold, anyhow. HE never opposed AmigaAnywhere2 being distributed.

[Louis Dias]

Atheist wrote:

lou_dias wrote:

When you initiate a law suit and lose, the defending party can recover their court costs from you in the USA.  This was implimented to stop frivilous lawsuits that were so common at one time...

Hi lou_dias,

Hmmmmm, well, in a court appointed settlement, is there a "winner" and "loser" for money to be paid out for lawyer's fees of one side over another? I guess there never really was a trial as some kind of settlement occurs with both walking away, both feeling like they've lost. So both pay their own fees?


Frankly in my opinion, Amiga Inc. Del. is a fraud, as they have NOTHING holding them back from releasing AOS5 onto a starving hungry world! Well, other than it doesn't exist?

I haven't read even one sentence anywhere of HE opposed to AOS5.0 being sold, anyhow. HE never opposed AmigaAnywhere2 being distributed.

Well I don't think you get your costs back in the case of a settlement because it's like saying, as the defense, that you are partially wrong in this...

Also, I have no idea who HE is...and I don't think the world is so hungry anyway.  I have gotten a taste of open-source software (OpenOffice, Thunderbird, Mozilla) and it is good...combine that with an Amiga-like OS that boots up in seconds and we have a winner.

[mailman]

@Atheist

Thanks for your answer. I hope the rest of my understanding is correct.

[weirdami]

@lou_dias

I agree with your sentiment regarding AW.net's moderators, but all those mean graphics are being directed at me when I look at them. :-(