[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 44 of 52 | ANN.lu |
Posted by gary_c on 27-Jul-2004 12:07 GMT | In reply to Comment 43 (Sammy Nordström): However, it's also important to note that the judge clarified the specific performance granted to "Thendic" as described in paragraph 5.1 of the agreement, which means that they gained nothing more than what is already included in the agreement.
But that is what Genesi (or "Thendic" as the original contract states) initially wanted; they were only denied the expanded interpretation of AmigaDE as an operating system. Can we agree that Genesi gained the AmigaDE port for the Pegasos, and Amiga, Inc. gained a paying customer for AmigaDE?
The sum of it all is basicly that noone but the lawyers actually gained something out of this whole mess.
I still don't know how you can conclude that. What Genesi gained was Amiga, Inc.'s compliance with the original agreement. True, nothing more than that, but the original goal in itself is something, isn't it? Or is AmigaDE really worthless?
-- gary_c |
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