Amiga Inc. back in court

[Kent]

Amiga Inc. has returned to the court, backed up with legal representation, new evidence and testimonies.

With these resources, the defendant Amiga Inc. has managed to come up with a response to plaintiff's motion to modify order granting specific performance and no less than six declarations, and a certificate of service.

This is obviously not an overnight draft, thrown together out of haste, rather a very detailed research pinpointing solid evidence.

http://www.mindrelease.net/amiga-thendic/

[restore2003]

Aha! Maybe this is why they had to sell OS4? Anyway this should be an easy win  :rtfm:

[KennyR]

Note that AInc don't really have a very positive history in court cases, even with "solid evidence".

Although they might just get away with this one. Genesi's evidence seemed flimsy and perhaps too much relying on the fact AInc wouldn't be able to scrape together any kind of legal representation.

If AInc survive again, the Amiga community doesn't get the sense of closure it needs and the pantomime is dragged on for years more. Because, make no mistake on this, AInc are still in no position to do real business or to do anything positive for the Amiga.

[Tigger]

Aha! Maybe this is why they had to sell OS4? Anyway this should be an easy win

Yeah, Genesi will win this easy, thats what you meant right??  :-P   Actually this testimony isnt good for Bill McEwen, it now makes him a liar during his depositions, since the OS was sold on April 23rd 2003 (according to the press release, Garry says it was sold the 24th).   Either date is before his deposition on April 30th or his deposition on August 7th, thats going to weigh heavy with the judge, given Bill claimed that Amiga Inc owned AmigaOS 1.0 and up during both depositions.  This KMOS fiasco has every appearance of a shell game with the IP, and the judge is likely to greatly frown on it.  
     -Tig

[Hattig]

Because, make no mistake on this, AInc are still in no position to do real business or to do anything positive for the Amiga.

Who cares. AmigaOS is in the hands of a new parent company now, and from other accounts online, people involved are very happy indeed.

Anyway, surely it is important that the court case is just, not unjust in the name of making things simpler overall and giving "closure". If justice says that Bill Buck should go home with nothing because of his flimsy/faked evidence, then so be it.

[Hattig]

I think the judge will look upon Bill Bucks evidence supplied under perjory that he would have known was not reliable and yet he supplied it as fact, and which in fact turned out to be faked, and then Bill Buck did not inform the court of this. Perjury is a lot more important than a single day difference in a date (hell, could be timezones, could have been signed after an all-nighter, who knows).

[choochy]

"Genesi's evidence seemed flimsy "

Well more like contempt of court, conspiricy, etc

It seems Amiga are claiming that most of Bill Bucks evidence is misleading or down right lies.

I think flimsy wouldn't be the word to use!

Just my 2c's worth!

[KennyR]

Hattig wrote:
I think the judge will look upon Bill Bucks evidence supplied under perjory that he would have known was not reliable and yet he supplied it as fact, and which in fact turned out to be faked, and then Bill Buck did not inform the court of this.

If you mean the e-mail, I'm sure everyone on the planet knows emails can be faked. They aren't a secure media and never were, and I'm suprised Buck even decided to add one to his evidence. But the double edge sword of this means, that while they are useless as evidence, presenting a faked one doesn't really amount to perjury, since its impossible to prove their authenticity either way.

[T_Bone]

"Who cares. AmigaOS is in the hands of a new parent company now, and from other accounts online, people involved are very happy indeed."

Shouldn't the people involved have known about this since last April when this happened? Why would they be happy now? It looks like Amiga Inc is playing "hide the assets" from the courts (including past judgements)

[KennyR]

choochy wrote:
It seems Amiga are claiming that most of Bill Bucks evidence is misleading or down right lies.

Of course they are, it's a court case, you don't win them by agreeing with the opponent. :-)

The question here is really not who we believe, it is who are the court going to believe? Will it be Amiga Inc., hiding its assets, and with a history even more checkered than their boing ball, or Genesi and its weak evidence?

[bloodline]

Now that Amiga Inc. are (apparently) now out of the picture regarding the Amiga Brand name OS, shouldn't we all be rooting for Genesi?

[takemehomegrandma]

This is how I understand things:

1. The Genesi vs. Amiga Inc case is closed. Genesi won.

2. After the cased closed, Genesi filed a "motion to modify order", to "refine" some of the wordings in the ruling. Note, this is NOT a new case, the case is still closed.

3. Now some Amiga Inc related people filed a lot of *responses* to that motion. This is not an appeal, the case is still closed and settled in the same way as before.

Am I right or am I right? ;-)

[Batman]

@takemehomegrandma

Am I right or am I right?

Yes, you're indeed right. This is a whole
new case, in which Ainc can bring in court new evidences...like the ones related to BBRV perjury.  :-)

[takemehomegrandma]

@ Batman

Huh?!?? :-? :-?

Are we talking about the same thing? Are we talking about this:

RESPONSE filed by Defendant Amiga Inc re 49 MOTION to Modify Order Granting Specific Performance (Shukis, Diana) (Entered: 03/15/2004)

... the documents #52 and forward in the Thendic/Genesi vs. Amiga Inc case, the same case that really ended with the Judgement the 20th of February?

[cecilia]

Poster: bloodline
     Now that Amiga Inc. are (apparently) now out of the picture regarding the Amiga Brand name OS, shouldn't we all be rooting for Genesi?

I'd rather root for AROS. (And WinUAE, for that matter!): the people's OS.
 :-P