[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 40 of 250 | ANN.lu |
Posted by Bill Hoggett on 21-Dec-2003 20:29 GMT | In reply to Comment 37 (bbrv): > Bill, you and others seem to forget that this *mutual* agreement was made
> cooperatively and well before the "AmigaOne" as we know it today was
> contemplated.
Yes, and the Pegasos did not exist then either. Your point is?
> Having spent hours and hours on the telephone with Bill McEwen and Fleecy in
> the Fall and Winter of 2000, we can assure you that using the "classic"
> operating system in anyway for any purpose was unimaginable from their
> perspective. The thought of a dedicated hardware platform for the classic
> environment was far removed from any serious consideration. The issue of how
> this agreement would somehow be modified by subsequent events will in our
> opinion have little to do with the verdict.
What does any of that have to do with the price of fish? The issue is whether you are right to demand that Pegasos be added to the list of supported devices or not, and whether Amiga Inc are reasonable in refusing this.
All the rest of the mumbo-jumbo is just being used to confuse the readers.
> BTW, Bill Hoggett what is your position on situational ethics? Are you
> utilitarian?
My position is that you can put a business suit on a vulture but you can't teach it to use a knife and fork.
> Back to the matter at hand: if all the issues were considered Bill Hoggett's
> position has even less credibility as the licensing fees that would be paid to
> Amiga would increase significantly if OS4 found a home on the Pegasos.
OS4 on the Pegasos is of no significance whatsoever. It is not a part of any deal or agreement between you and Amiga Inc. They told you their requirements, and you decided they were unreasonable. End of story.
The real motive behind this action can be seen in Genesi's "generous" offer to port AmigaDE themselves, knowing full well that Amiga Inc cannot legally hand over any of the source that originates from TAO and which would be needed for the port to take place. Can Genesi get TAO to confirm that Amiga Inc can hand over the entire AmigaDE codebase (including TAO IP) to Genesi according to their license agreement? If not, I put it to you that the "offer" was a disingenuous attempt to con the judge into thinking your demand is more reasonable than it really is.
One has to ask oneself: did Genesi take this action to get a genuine and deserved judgement according to existing contracts, or did they do it in the hope that they can obtain something they would not otherwise be entitled to as the result of a default judgement?
Have you noticed how the carrion eaters tend to circle above a dying animal even before it is dead? |
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