| [News] Motion for Relief from Judgement: DENIED | ANN.lu |
| Posted on 26-Jul-2004 02:21 GMT by Sammy Nordström | 52 comments
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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 41 of 52 | ANN.lu |
| Posted by Sammy Nordström on 27-Jul-2004 09:53 GMT | In reply to Comment 30 (Johan Rönnblom):
Sigh... More "neutral information" from our own "Ami-Sverker"...
>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."
This I agree with, but then you continue...
>Thus, there's no need
>to provide anything beyond the OpenFirmware specs, as it is not
>necessary.
What in god's name got you to this conclusion? You think that all you need for writing hardware drivers for a specific hardware device is a specification of the firmware? You think that firmware specifications classifies as "hardware schematics"? Oh my...
>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."
Yes, but there is a specific clause in the agreement, which is just as enforceable, that specifies the conditions that "Thendic" must comply with when requesting support for a new device that is not on the list of supported devices.
>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.
Again, a registered letter should do the job just fine.
>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.
The contract specified the AmigaDE as an operating system. Wether it from a technical standpoint actually is an operating system on it's own or not is irrelevant. "Thendic" agreed to the terminology used in the agreement when they signed it. |
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