The legal future of "Amiga"

[kolla]

Trev wrote:
AIX, for example, is quite capable.

It is? News for me!  :lol:

I think I'd rather mention NetBSD, OpenBSD etc, than AIX.

[Dandy]

dammy wrote:
by orb85750 on 2008/12/2 21:05:40

Please reread the document. If Amiga Inc. becomes insolvent (and that seems to be the main bone of contention), then Hyperion is entitled to market OS4 under the AmigaOS trademark, which is exactly what they're doing now.

...
not going to happen as AI was not insolvent under US Code.  ...

The contract didn`t require them to be insolvent under US Code - just to be insolvent - that leaves room for speculation...

[Piru]

@Dandy

The contract didn`t require them to be insolvent under US Code - just to be insolvent - that leaves room for speculation

From the leaked contract draft:

Article 7.06 Governing Law. This Agreement shall be governed by and interpreted in accordance with the internal laws of Washington State, USA without regard to conflicts of laws principles. The obligations set forth in this Agreement are intended to supplement and not to supersede the protections afforded Amiga under the Uniform Trade Secrets Act or similar law or laws as may be in effect from time to time within the State of Washington.

I'd be very surpsised if the Governing Law would have been left undefined.

[dammy]

by Dandy on 2008/12/8 13:57:51

The contract didn`t require them to be insolvent under US Code - just to be insolvent - that leaves room for speculation...

This is Federal Court, only US Code enforced.

Dammy

[persia]

@Dammy

This is a civil case not a criminal case.  There are so many shades of grey in civil cases that it's difficult to say what the judge will do.  Hyperion can argue that Amiga Inc's shady tactic of dumping the corporation and transferring the assets to another shell could be insolvency according to the contract.  

Would a reasonable person hearing Amiga Inc's story believe them to be insolvent?  Yes.  So Hyperion's case hase merit.  But Amiga Inc still exists in a way, hence their case has merit.  The judge will have to weight the two sides and come up with a solution.  

But speaking of insolvency, I notice Amiga Inc have been silent for almost 11 months and Amiga Development India have been quiet for well over a year and a half.

[dammy]

by persia on 2008/12/9 10:10:17

This is a civil case not a criminal case.

Does not matter, it's about Federal venue.

There are so many shades of grey in civil cases that it's difficult to say what the judge will do. Hyperion can argue that Amiga Inc's shady tactic of dumping the corporation and transferring the assets to another shell could be insolvency according to the contract.

Question is what WA state law or US Code did they violate in doing so?  Just because it appears shady does not mean it's a violation of any law.

Would a reasonable person hearing Amiga Inc's story believe them to be insolvent? Yes. So Hyperion's case hase merit. But Amiga Inc still exists in a way, hence their case has merit. The judge will have to weight the two sides and come up with a solution.

Only if the reasonable person is a Hyperion fan.  Reasonable person will ask who contracted who, who failed initially to full fill a meaningful portion of the contract.  Then a reasonable person will ask why didn't Hyperion go to court when they thought AI was insolvent and ask the court to award them the code and trademarks instead of making a new deal with KMOS and then sell OS4 to Itec for $25K.  Does that sound to a reasonable person like Hyperion automatically assumed they had full rights to IP and trademarks?  I don't think so.  

Dammy

[Trev]

@kolla

BSD, SVR4, Linux, whatever. ;-) My point was that there are choices in kernels, operating environments, etc. beyond what's commonly installed on consumer PCs. And if one still isn't happy with the choices, one can always roll their own toy operating system.