[News] Thendic-Amiga Court Case - Latest Motions | ANN.lu |
Posted on 04-Mar-2004 00:05 GMT by Rich Woods | 216 comments View flat View list |
Thendic-Amiga Court Case - Latest Motions
DECLARATION of Bill Buck filed by Plaintiff Thendic Electronics Components re 49 MOTION to modify order (RS, ) (Entered: 03/03/2004)
MOTION by Plaintiff Thendic Electronics Components to modify the order granting specific performance. Noting Date 3/19/2004. (Attachments: # 1 note for motion# 2 Proposed Order)(RS, ) (Entered: 03/03/2004)
DECLARATION of Bill Buck filed by Plaintiff Thendic Electronics Components re 49
MOTION to modify order (RS, ) (Entered: 03/03/2004)
MOTION by Plaintiff Thendic Electronics Components to modify the order granting specific performance. Noting Date 3/19/2004. (Attachments: # 1
note for motion
#2 Proposed Order (RS, ) (Entered: 03/03/2004)
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Thendic-Amiga Court Case - Latest Motions : Comment 169 of 216 | ANN.lu |
Posted by gary_c on 06-Mar-2004 07:56 GMT | In reply to Comment 168 (samface): The judge may rule whatever he wants against Amiga Inc., it still doesn't affect Hyperion. A court of law cannot rule against someone and their rights without giving them the ability to defend themselves first. In order to have the contract between Amiga Inc. and Hyperion nullified, they need to file for another lawsuit against Hyperion rather than just Amiga Inc. As far as Hyperion is concerned, their contract remains valid until a European/Belgium court of law tells them otherwise. This means that a ruling against Amiga Inc. alone will not suffice, in order to claim the rights for AmigaOS4, Genesi will have to take legal action against Hyperion directly.
Are you or anyone else who has commented about this situation a lawyer? I don't think so. Everyone is just giving a layman's opinion, which is fun but basically pointless. Anyway, to continue in worthless conversation mode, what I've heard, from a guy who isn't a lawyer but has one to talk to for free on a daily basis, is that the Amiga, Inc. - Thendic/Genesi agreement predates the AI - Hyperion one, thus rendering the latter invalid wherever it conflicts with the former. Further, it would be up to Hyperion to sue *Amiga, Inc.* to reclaim anything they feel is due them (not Genesi), because it was Amiga, Inc. that made an agreement that they didn't have a right to make at the time, given the preceeding agreement with Thendic/Genesi.
I don't know if this is the correct interpretation or not, as I'm not only not a lawyer, but also completely willing to confess that my opinion on law is as worthless as everyone else's here.
The only thing we can do is wait and see how things are settled by the judge. In the meantime, yours and my and other opinions about what any of these companies can and can't do in the legal arena are just wasted bandwidth in my opinion.
-- gary_c |
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