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UNDER CONSTRUCTION

[News] Amiga Vs Thendic Case ANN.lu Posted on 16-Mar-2004 05:47 GMT by Not Rich Woods (Edited on 2004-03-16 23:27:54 GMT by Christian Kemp) 20 comments View flat View list Amiga has filed an Appeal to their recently failed court case. Amongst the respondents for Amiga inc are Garry Hare and Francis Charig. Read it over on Amigaworld.net:http://amigaworld.net/modules/news/article.php?storyid=1307 The second part of the news item's title, "Amiga Files Appeal!" has been removed to avoid confusion, since it seems this was not the correct legal term. List of all comments to this article Sorted by date, most recent at bottom Comment 1 Graham_nli 16-Mar-2004 04:57 GMT Comment 2 Mikey_C 16-Mar-2004 05:51 GMT Comment 3 JKD 16-Mar-2004 06:04 GMT Comment 4 ujb 16-Mar-2004 09:41 GMT Comment 5 priest 16-Mar-2004 09:46 GMT Comment 6 Steffen Haeuser 16-Mar-2004 10:49 GMT Comment 7 Ketzer 16-Mar-2004 13:18 GMT Comment 8 Stevey 16-Mar-2004 13:28 GMT Comment 9 JoannaK 16-Mar-2004 14:31 GMT Comment 10 Bernie Meyer Registered user 16-Mar-2004 14:45 GMT Comment 11 Ketzer 16-Mar-2004 14:52 GMT Comment 12 MarkTime 16-Mar-2004 14:58 GMT Comment 13 Christian Kemp Registered user 16-Mar-2004 15:12 GMT Comment 14 Christian Kemp Registered user 16-Mar-2004 15:14 GMT Comment 15 Bernie Meyer Registered user 16-Mar-2004 15:15 GMT Comment 16 MarkTime 16-Mar-2004 15:28 GMT Comment 17 Tigger 16-Mar-2004 16:38 GMT Comment 18 Spitballz 16-Mar-2004 17:53 GMT Comment 19 Anonymous 16-Mar-2004 18:25 GMT Amiga Vs Thendic Case : Comment 20 of 20 ANN.lu Posted by Graham_nli on 17-Mar-2004 04:27 GMT In reply to Comment 17 (Tigger): "Chang provided information that strongly implys that Amiga Inc could never have carried out there end of the Thendic contract" Read that contract. Giving over the source code was never an option in the contract as far as I could see. Direct link: http://www.mindrelease.net/amiga-thendic/show_case_doc_57,16781,3,MAGIC,0,1.pdf Item 5.2 limits what code Thendic could ask for. Genesi are trying to gain access based upon part (ii) of this clause, i.e., Amiga Inc failed to meet its side of the contract. However Amiga Inc. say that the reason that they haven't created any software for Thendic's products is because Thendic didn't meet the requirements of Item 5.1, and thus Amiga Inc were unable to continue. Bill Buck says he tried to deliver hardware, meeting requirement 5.1. Amiga Inc. are now saying that he never did, and that he lied to the court (committing perjury) in order to win the previous case. Regardless, hardware never made it to Amiga Inc so they couldn't continue. Anyway, the contract was for Thendic's Windows CE based system, and then other Thendic created products. AmigaDE ran on Windows CE, it would have been a matter of getting the hardware and specs, and testing the software and making small fixes if required. I'm even granting that Genesi can even claim under this agreement, the definition of Thendic earlier on does say "affiliated" companies (with some limitations). Jump... Top Previous comment bottom

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