[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.
|
|
List of all comments to this article |
Motion for Relief from Judgement: DENIED : Comment 46 of 52 | ANN.lu |
Posted by gary_c on 28-Jul-2004 01:17 GMT | In reply to Comment 45 (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.
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.
Well, BBRV said various things at different times about the purpose of the suit, but that's all irrelevant to this discussion. My point was simply that Genesi gained something by the suit, not that it gained everything that it ever wanted.
>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.
Fine, that only indicates the steps Genesi must take on its side; if Genesi wants the AmigaDE port, it will meet these conditions. I could have said "Genesi has gained the AmigaDE port for the Pegasos if it provides what is specified by the original contract agreement." I didn't realize it was necessary to be so pedantic.
>>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.
Phrase it how you wish. Genesi can now meet the conditions on its side at its discretion, and Amiga is required by law to comply with the agreement. That's a materially different situation from what existed prior to the lawsuit.
>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.
That's a truism. Anything is useless if you don't use it, or take the necessary steps for using it. Garry Hare's AmiWest talk revealed that big improvements are coming for AmigaDE. If this is true, Genesi may be more motivated to spend time on this, whereas AmigaDE earlier was thought by most people to be of rather dubious value. I suppose we'll see soon enough if there is more to the KMOS plan than just talk and, if so, if Genesi will consider the port important enough to bother with.
-- gary_c
-- gary_c |
|
List of all comments to this article (continued) |
|
- User Menu
-
- About ANN archives
- The ANN archives is powered by #AmigaZeux. It was updated daily (news last: 22-Oct-2004; comments last: 18-May-2005).
ANN.lu was created, previously owned and maintained by Christian Kemp, www.ckemp.com.
- Contribute
- Not possible at this time!
- Search ANN archives
- Advanced search
- Hosting
- ANN.lu was hosted by Dreamhost. Sign up through this link, mention "ckemp" as referrer and he will get a 10% commission on any account you purchase.
Please show your appreciation for any past, present and future work on ANN.lu by making a contribution via PayPal.
|