[News] 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case | ANN.lu |
Posted on 21-Dec-2003 02:32 GMT by samface | 250 comments View flat View list |
There are 4 new filings in the civil docket for the Thendic Electronics, et al v. Amiga Inc case, including:
RESPONSE by Defendant Amiga Inc. (Entered: 12/19/2003)
AMENDED REPLY to Response to Motion filed by Plaintiffs (Entered: 12/16/2003)
DECLARATION of Bill Buck filed by Plaintiff Thendic Electronics Components (Entered: 12/16/2003)
ORDER by Judge Robert S Lasnik granting in part 31 Plaintiffs' Motion for Summary Judgment. (Entered: 12/19/2003)
A highlight from the latest ruling by Judge Lasnik:
Defendant's counterclaim is hereby dismissed for failure to prosecute. However, the Court declines to rule on plaintiffs' request for specific performance at this time. Plaintiffs' motion for summary judgment is renoted for 1/16/2004. Plaintiffs shall have until Monday, January 12, 2004 to submit a memorandum in response to the issues and concerns raised in this Order. Defendant, if and only if it retains counsel in the interim, may file a reply memorandum no later than 4:30 p.m. on Thursday, January 15, 2004. No extensions shall be given.
Visit the Civil Docket for the Thendic Electronics, et al v. Amiga Inc case here.
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4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 173 of 250 | ANN.lu |
Posted by Tigger on 22-Dec-2003 19:27 GMT | In reply to Comment 171 (Bill Hoggett): >>>>
The question is this: will porting AmigaDE to the Pegasos (and the subsequent implicit permission that Genesi can brand the Pegasos as an "Amiga" device) be more profitable than any resulting losses from the reduced sales of AmigaOne/AmigaOS4. It stands to reason to most logically inclined people that making the Pegasos more attractive to Amigans will damage the chances of those people buying AmigaOnes instead.
>>>>
First of all, given the low royalties that Amiga Inc is receiving from sales of AmigaONe now (obviously affected by the free OS4.0 issue), I'm not sure cutting sales on Amigaones vs royalties on Pegasus is loss situation. Especially if we factor in the OS4 coupons that are currently outstanding, each representing a net loss to Amiga given they already spent the money, and there value exceeds the royalty Amiga Inc will receive.
>>>>
Furthermore, you know and I know Amiga Inc CAN'T port AmigaDE to the Pegasos, even if someone else pays the costs. They have no personnel capable of doing the task (in fact, according to Bill McEwen they have no personnel at all). They could outsource it, but even so they cannot promise to do so without TAO's express permission. I repeat, Amiga Inc are not in full ownership of all the code that goes to make up AmigaDE. They are limited by the license they have signed with TAO.
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I agree they dont own DE, but Bill claims they have employees (about a dozen all unpaid for over a year now), and if they cant do it, given who has left the company, I have trouble believing they could have done a port in December of 2000, when they signed the contract. That may be a big sticking point, if Amiga promised contractually to do something they couldnt do legally, its a pretty big issue, and frankly Bill was getting close to suggesting that in his letter about the 250K.
-Tig |
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