|[News] Amiga vs Thendic Update: Genesi fights back!||ANN.lu|
|Posted on 27-Mar-2004 18:34 GMT by samface (Edited on 2004-03-29 02:28:03 GMT by Teemu I. Yliselä)||143 comments|
REPLY in Support of Motion filed by Plaintiffs Genesi Sarl, Thendic Electronics Components re 49 MOTION to Modify the Order Granting Specific Performance, (LT, ) (Entered: 03/25/2004)
Richard Hughes, Attorney for "Thendic", accuses Bill McEwen of perjury, refering to Bill McEwen's deposition taken on August 14, 2003, nearly four months following the sale Amiga's OS system to Itec wherein he testifies that Amiga's assets included its Intellectual Property Rights to AmigaOS.
Bill Buck testifies as a person with "'a unique knowledge base regarding Amiga'", refering to the days of when he was the CEO of a company that was partnered with ESCOM to develop and promote The Amiga Operating System through a hardware platform, claiming that "'applications such as a web-browser, an MP3 player, and a mail client are application programs that adhere to an operating system just as Microsoft Outlook Express is an e-mail application that works with Windows'". Furthermore, he concludes that "'If the Amiga DE Operating System did not include an operating system and was touted as beeing only an "application" as Amiga now contends, it could not have been promised or discussed integration of Java, MP3 and mail client as stated in the ("Agreement")'".
Bill Buck claims that he was the one who suggested that the Amiga Operating system and the AmigaDE should be seperate enteties as an explanation to his "'Amiga OS is an operating system, DE is something different that makes alot of things work in other than Amiga operating system environments'" statement.
Bill Bucks states: "'I believe the mail attributed to 'Fleecy Moss' was and still is from Fleecy Moss"'.
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|Amiga vs Thendic Update: Genesi fights back! : Comment 93 of 143||ANN.lu|
|Posted by Joe "Floid" Kanowitz on 28-Mar-2004 19:59 GMT|
|In reply to Comment 66 (samface):|
>DE, as it is, is an application, just like a JVM is, and just as I see the
>Amithlon emulation as being on top of the Linux core.
What if you wrote an OS that targeted (as in, ran atop) the JVM?
(Hm, italics don't handle multilevel quoting well.)
Well, I agree that it's not an OS on it's own, but it is providing the developer, the user, as well as the application with certain OS related services.
If it looks like a duck, quacks like a duck, but requires a duck, is it a duck?
(Seriously, I think this is 'unanswerable.' The judge can look for "best fit" for the circumstances of the case, which hinges on issues of representation more than 'reality,' but if he wants to tackle that, he can probably do it without heading down the contestable semantic alley.)
BTW, would say that MacOSX is an OS or just an application running ontop of the FreeBSD core?
Darwin ain't just FreeBSD, so terrible example. It's an "OS" composed of a "distribution" of "components" atop Darwin, which is itself an "OS" composed of a "distribution" of "components," some of which are derivative works of Mach and various *BSD code-snippets. But now we have to define "atop."
|List of all comments to this article (continued)||
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