[News] Motion for Relief from Judgement: DENIED | ANN.lu |
Posted on 26-Jul-2004 02:21 GMT by Sammy Nordström | 52 comments View flat View list |
The court has finally responed to Amiga Inc.'s motion for relief from judgement; the motion is DENIED. Furthermore, the court clarifies the specific performance granted to the plaintiff.
As always, the court documents are available at:
http://www.mindrelease.net/amiga-thendic
According to a recent interview with Garry Hare, CEO of KMOS, this should conclude this case and KMOS intend to comply with the court ruling.
Quote from http://www.swaug.org.uk/amiwest2004-ghi.php:
Q: On the subject of the law suite, anything to say?
THe law suite is no longer pending, the final ruling was 10 days ago and the judge said that the original agreement stands and all clauses enforced and enforcable. There are a number of implications. We haven't heard anything since from Genesis, Bplan or Pegasos.
The lawyers theory: took so long because court was taking it seriously
My theory: the court forgot about it!
Q: You intend to comply fully?
Judge has been clear, Yes.
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Motion for Relief from Judgement: DENIED : Comment 30 of 52 | ANN.lu |
Posted by Johan Rönnblom on 26-Jul-2004 13:52 GMT | Clause 5.1 of the contract only refers to "schematics" which are
"reasonably necessary, in Thendic's discretion, for Amiga to integrate
the Licensed Software into Thendic's products." Thus, there's no need
to provide anything beyond the OpenFirmware specs, as it is not
necessary.
Also, as the clause clearly says: "However, Amiga is, and at all
times shall remain, responsible for integrating its DE Operating
System, which may include, but is not limited to, a Java enabled
browser, MP3, and a mail client, into any of Thendic's products."
So, Genesi can clearly request a port to the Pegasos 2, no problem. As
for the alleged failure of Genesi to provide this information until
now, well, that's of course debatable. But it seems that to pursue
this further, Genesi need to provide undisputable proof that they have
taken the steps necessary. Perhaps it would have been a good idea to
deliver the information and request to Garry Hare personally at
AmiWest. Seems like a missed opportunity, really.
KMOS/AInc's problem, which I'm not really sure if Genesi intend to
pursue further, is of course that this won't provide Genesi with an
"operating system". And that's what the contract expressly specifies,
and also what the judge refers to now. So even if KMOS/AInc would
deliver AmigaDE, it seems there's still room for Genesi to complain
further when what they are delivered turns out not to be any operating
system at all. |
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