| [News] Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003. | ANN.lu |
| Posted on 16-Nov-2003 08:23 GMT by Rich Woods | 263 comments
View flat
View list | |
Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003 in Washington Federal District Court.
Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003 in Washington Federal District Court.
It also looks like Amiga is again without counsel.
"This matter comes before the Court on "Plantiffs' Motion for Judgement and dismissal of Counter Claims for Lack of Representation." Although corporations must be represented by counsel, defendant's failure to retain new counsel has not yet been given rise to a sanctionable failure to prosecute. Plantiff's motion for judgement and dismissal of the counterclaims is DENIED. Defendant must, however, obtain counsel to defend this litigation if it hopes to avoid an adverse ruling on plaantiff's pending motion for summary judgement.
DATED this 7th day of November,2003.
/s/
robert S. Lasnik
United States District Judge
Get it here .
|
|
| List of all comments to this article |
| Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003. : Comment 260 of 263 | ANN.lu |
| Posted by Tigger on 26-Nov-2003 05:19 GMT | In reply to Comment 258 (samface):
>>>>
That would be a total of somewhere near $235k. Considering that this is less than 2 months of salaries for Amiga Inc., does it really make sense to endanger their relationship with their customers for such insignificant amount of money? Please, out of all motives possible for selling these offers, ripping their small but loyal customer base off is not one of them.
>>>>
Actually probably closer to $500K, they sold over 3000 SDKs according to McEwen, that gives us about that number. They sold the SDKs when they still had money and I really think they thought they had a winner on their hands. Then the updates are less then a trickle, the well publicized comments showing that DE wouldnt work as a root OS by one of Tao's founder, and we have a reboot. Somewhere in here they start slow paying employees and several leave. Then we have the Party Pak fiasco which raises them hardly any money, and then they lose their offices. So instead of doing something smart we have the offer that becomes CAM (which Bill thinks is going to sell 50,000 copies according to the Executive update, but which he is sure will sell 20K copies). We have also Amiwest 2002, or Amiga Threat Bowl 2002 as many like to call it, as basically Bill snaps and both publically and privately threatens to sue pretty much 1/2 the Amiga community with his prepaid lawyers which dont actually exist. He also forgets to tell people that they have been kicked out of their offices at this point, something they continue to deny until their stuff gets auctioned off (and even then someone trys to claim they are performing the auction) the following year. Once again Sam, you keep acting like I think they are clever con men, they aren't, they are incompetant businessman, that doesnt mean that they havent buried Amiga Inc under huge debt with a high negative burn rate and no prospective large sources of income, it just means that wasnt their intention. You do the math Sam. How much does Amiga Inc get for the sale of each $100 OS 4.0??? How many are they going to have to sell to pay off the 1300 coupons (hint they get lots less then $50 a copy) they sold with CAM and the 700 $100 coupons they sold as part of the Party Pak. Gee thats getting to be a pretty big number isnt it Sam?? Ok now how many more to pay off Bolten, Matt, Airborne Express, the Landlord, the other creditors? Gee thats getting really big isnt it?? Do you really think they can sell 10's of thousands of copies of OS 4.0?? And then they need to pay Ray, Gary, Barry, Gordon, Bill etc, each of them requiring 1000's more units sold just to pay their back pay. Do you really believe thats going to happen???
>>>>
However, when it comes to your math about their budget, let's just let time tell, shall we? I mean, arguing about it makes no sense when it just means that one of us has to say (if he has not done so already) something he will have to regret.
>>>>
What do you think is wrong Sam. I took most of the info to calculate their burn rate from McEwens sworn testimony and the employee documents. Now most of its to go to the big 3, they apparently are worth ove 100K a month to Amiga Inc given the debt mentioned and them time they havent been paid. Then we have 8 or nine more people they are not paying but which are theoretically debt each month, then we have several thousand on interest on the judgements. And of course once these people start getting paid, Amiga Inc owes their half of FICA, umemployment etc. Even without benefits (which they owe their employees according to their contracts) thats still the cost of doing business factor of at least 20% thats going to get added in for that above. Still think my number is really high??
-Tig |
|
| List of all comments to this article (continued) |
|
- User Menu
-
- About ANN archives
- The ANN archives is powered by #AmigaZeux. It was updated daily (news last: 22-Oct-2004; comments last: 18-May-2005).
ANN.lu was created, previously owned and maintained by Christian Kemp, www.ckemp.com.
- Contribute
- Not possible at this time!
- Search ANN archives
- Advanced search
- Hosting
- ANN.lu was hosted by Dreamhost. Sign up through this link, mention "ckemp" as referrer and he will get a 10% commission on any account you purchase.
Please show your appreciation for any past, present and future work on ANN.lu by making a contribution via PayPal.
|
