Rats leaving a sinking ship, or something else?

[unclewilli-amigalover]

what does one say about all this if its true but,(song) "thanks for the memories"

unclewilli-amigalover wrote:
what does one say about all this if its true but,(song) "thanks for the memories"

How 'bout

"Thanks for nothing, you bastards"? :-(

[Hammer]

bhoggett wrote:
@meerschaum

I think thats totally correct, I mean Amiga GAINS from selling DE right?, why are they so against porting it to Pegasos? IIRC bbrv even said that Thendic/Genesi where doing the porting and it wouldnt even cost AI any money. It looks to me to be more of a personal vendetta then anything else. All business logic says they should do it apperantly.

Well, we don't have all the details. Business logic based on what we are aware of suggests they would benefit from letting Genesi port it, but it is entirely possible that they can't do it and stay legal. Remember, letting Genesi port it involves handing them the ENTIRE source code, including that which is under TAO's copyright. Are they really entitled to do this without TAO having any say in it?

It could be that Amiga find themselves in a situation where they're damned if they do and damned if they don't. Not that I sympathise, since it's a situation of their own making.

IF Amiga Inc doesn’t have the authority to port Tao’s IP property then the contract between AmigaInc & Thendic wouldn't be a valid one.

In Australian context, it’s Powel vs Lee(1908) case(i.e. having the capacity or the authorisation to make the contract on behalf of the relevant entities). I’m not familiar with the US version in relation to that precedent.    

[JoannaK]

Hammer: Well. If they didn't have right to port it why did they sing the deal in first place. Besides they have been doing so (or someone has?) since there are Amiga-DE players for various pocker-PC thingies (and Linux + Windowse).

[Hammer]

Paul_Gadd wrote:
Why on earth would Genesi disgrace themselves by getting involved with criminals? it makes no sense at all.

The sooner these criminals get brought to justice the better.

I recall the case between Thendic VS Amiga Inc is a civil case not criminal case
(assuming IF Aussie/UK legal terminology is similar to the US legal terminology).

[bhoggett]

JoannaK wrote:
Hammer: Well. If they didn't have right to port it why did they sing the deal in first place. Besides they have been doing so (or someone has?) since there are Amiga-DE players for various pocker-PC thingies (and Linux + Windowse).

Well, those were done by in-house staff or people working as 3rd party contractors. The point being the ports were done on Amiga Inc's behalf by people appointed by Amiga Inc. In fact, you need to remember that the "ports" are merely built on a pre-supplied TAO base, so they're not complete ports.

What Genesi want as a sanction is something else entirely. They want TAO's IP to do the port for themselves.

As for why Amiga Inc signed the contract in the first place, bear in mind that the contract was initially intended for a WindowsCE device, not the Pegasos and MorphOS. Genesi's case is based on the failure of Amiga Inc to ensure that the contract they signed was watertight, not on Amiga Inc promising to do a MorphOS port then going back on that promise.

It is entirely possible - indeed likely - that it would be illegal for Amiga Inc to comply with the requested sanction. I really don't expect Genesi to get the TAO source code even if they do win the case, not without making a separate deal with TAO. If they win, the most likely outcome will be that Amiga Inc will fail to comply and Genesi will have another case against them, or the court may impose further sanctions.

[Hammer]

JoannaK wrote:
Hammer: Well. If they didn't have right to port it why did they sing the deal in first place.

Depends on the interpretation of the said contract. (It’s up to the courts to decide that issue).  Did anyone disclose the contract between Thendic and AmigaInc for the public consumption?

Some contracts are classified as a voidable contract i.e. a contract with flaws/defect (e.g. vague or lose wordings).

Besides they have been doing so (or someone has?) since there are Amiga-DE players for various pocker-PC thingies (and Linux + Windowse).
 

I recall, Amiga_Inc’s IP is just some middleware/branding added on top Tao’s Intent technology.

[Hammer]

AmiGR wrote:
No, Amiga's lawyers (or may I say, the whole law firm) applied to withdrew from the case, leaving
Amiga Inc undefended till they find another lawyer.
It's most probably cause AInc is out of money, and
I seriously doubt that anyone will take that case
due to that fact. 100$ (according to McEwen himself)
are not enough to hire a lawyer.

It could be use for delaying tactics i.e. draw the battle out on the cheap.

[Hammer]

why are they so against porting it to Pegasos?

Consequence of the legal win (for Thendic/Genesi group) may give Thendic/Genesi the legal use of Amiga branding (via AmigaDE route**) on MorphOS/Pegy platform. This may give some legitimacy (for their Q/BOX-ABOX marketing purposes) in regards to 68K Amiga brand secession.      

**Going via AmigaDE route for obtaining the Amiga brand will bypass the AmigaOne and AmigaOS 3.X/4.0 licensing schemes. Such an action nullifies the brand recognition of AmigaOne/AmigaOS 4.0 advantage.

What would be the consequence IF IBM’s OS/2 Warp has the legal use of MS Windows branding? For example, “MS Windows Warp 4.0” Vs MS Windows NT 4.0/MS Windows 95.

Even in Linux world, branded Linux distros (e.g. Red Hat or SUSE (with IBM)) does make a difference in obtaining a government/big business contracts.  

[unclewilli-amigalover]

well mdma, i have gotton the benefit of os3.9 i've been vere happy with that, so amiga has achived a few good things. :-)

[dammy]

by Hammer on 2003/9/28 21:39:45

It could be use for delaying tactics i.e. draw the battle out on the cheap.

That was the first thing to pop into my mind when I read about the law firm dumping Amiga Inc.  If it is that, it's way too late as the judge is about to rule on the sanctions and having or not having counsel won't impact on that since they had counsel submit their replies already.  If the judge pulls the plug, I could see him delaying it's execution till Amiga Inc has time to find new counsel and file an appeal.  I just don't see Amiga Inc being able to secure another counsel without having some fresh cash to offer.  

Who's going to take them when they have just stiffed their last counsel?

Dammy

[dammy]

by unclewilli-amigalover on 2003/9/28 23:09:00

well mdma, i have gotton the benefit of os3.9 i've been vere happy with that, so amiga has achived a few good things.

Bad news, that was Hack & Patch's release, not Amiga Incs. Worse yet, Amiga Inc never even saw a dime off it because of a despute over WB 3.5 with H&P.  The worst thing about WB 3.9, it had illegally copied code in it.

Dammy

[Bobsonsirjonny]

- trolling: edited by mikeymike... better late than never...

[JoannaK]

Hammer: IIRC it's been available at somewere. And if notwere else, I'm
sure a verified copy must be part of court documents for this case.
Wihtout it there would be not much point on having a case anyhow.

[Marky_D_Sahd]

This thread is too bizarre, like right out of Monte Python!
    "Here!  AInc's lawyers have quit.  Must nothave paid them!"
   "Wow!  That means BB/RV were right all along!  AInc is guilty of not porting it's software to its competitors!"
     "But that's only because TAO won't let them!  It's a violation of their license!"
     "Their screwy lawyers created faulty contracts for Genesi to sign!  I'm glad AInc fired them.  Lawyers suck."
     "But they work for AInc, and AInc sucks, too!"
     "And it was reported on a Merlancia site.  Didn't they used to suck, too?"
     "Naw, this is Wood's Merlancia sight.  He's a lunatic  stalker and isn't totally rational, but he's funny, so we like him."

Wow!  Unsupported supposition has been used as the basis for arguement so often in this thread, it's impossible to sort out the truth from the hoese-poop any more.  Yeah, AInc's layers apparantly asked to be relieved, with no cause stated.  Anythink else said here (including this bit) is a waste of bandwidth.      :whack:

[Paul_Gadd]

- troll related: edited by mikeymike

Paul_Gadd: pmail waiting for you.