| [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 45 of 52 | ANN.lu |
| Posted by Sammy Nordström on 27-Jul-2004 12:50 GMT | In reply to Comment 44 (gary_c):
>>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.
Nice try, Gary. However, you know just as well as I do that Genesi didn't go to court just because they wanted a port of the AmigaDE for the Pegasos. BBRV made it *perfectly* clear that their true intentions was to "shut Bill McEwan up" and because they wanted to gain control of the Amiga brand as well as the AmigaOS product line.
You can read more about what they had in mind here:
http://flyingmice.com/cgi-bin/squidcgi/mbmessage.pl/amiga/98063.shtml
>Can we agree that Genesi gained the AmigaDE port for
>the Pegasos, and Amiga, Inc. gained a paying customer for AmigaDE?
No. Read paragraph 5.1 of the original agreement again. There are still a few conditions that "Thendic" must comply with before they will have an integration of the AmigaDE into the Pegasos, like providing Amiga Inc. with the means neccessary, such as the hardware device and it's technical documentation, for example.
>>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.
No. They were granted specific performance as described in paragraph 5.1 of the agreement, nothing else.
>True, nothing more than that,
>but the original goal in itself is something, isn't it? Or is AmigaDE really
>worthless?
The license is worthless for as long as they don't comply with the terms themselves. |
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