[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 63 of 250 | ANN.lu |
Posted by Johan Rönnblom on 21-Dec-2003 23:38 GMT | I agree with BH that it's good that the issue seems to move towards the factual issue at hand: Whether it's 'unreasonable' or not for Amiga to refuse extension of the contract to the Pegasos (note: BBRV's misspelling in their letter, 'Pegasus', now makes it 1:1 in the "misspell the name of your own product" sub-match).
Here's my take on it.
Something which has no impact at all on the verdict:
- Whether AmigaInc are in competition with Genesi or not. If they are, or planned to be, they shouldn't have entered the contract. In any case, it isn't Genesi/Thendic which has changed their position. They made HW, they still do. AmigaInc on the other hand moved from being a pure software company willing to sell DE 'anywhere' to a company with a vested interest in one product (AmigaOne). They moved from selling only a 'write one, run everywhere' system, to being (loosely) involved in a very hardware-specific operating system, namely OS4. This is nothing Thendic/Genesi could foresee, and so it certainly can't affect the judge's verdict of what the contract means.
What speaks in favour of a port being 'unreasonable', and counterarguments:
- Cost. But Genesi could of course argue that they would be willing to finance the port, if Amiga had not been demonstrably unwilling to even discuss the matter.
- Technical difficulty, 'it only applies to WindowsCE products'. But AmigaDE already runs on Linux - and the Pegasos runs Linux. Not on the PPC, perhaps? But Intent, which AmigaDE is based on, runs on the PPC, and AmigaInc have previously claimed AmigaDE to support the PPC (maybe they still do, can't find it though).
- Lack of control, 'it has to be done by Tao'. But have AmigaInc even asked Tao about the matter? If so, it's certainly not something they have shown to the court. Seeing that Tao support the PPC, it seems hard to argue that it's not even worth asking.
Argument for why a port is not 'unreasonable':
- AmigaInc have so far not produced any evidence to the court that they have provided Genesi/Thendic with a motivation (reasonable or not) for their refusal to port AmigaDE. The 'CE only' argument is the only semblance of a motivation I can find, and this is smashed by the fact that they are selling non-CE versions on their homepage right now. How could they expect Thendic/Genesi to find it 'unreasonable' that a version of DE that had already been developed, would also be made available for Genesi/Thendic's products? |
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