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[News] Preliminary Class Action Request for Information. - Amiga IncANN.lu
Posted on 03-May-2003 03:21 GMT by Jubal (Edited on 2003-05-03 05:49:08 GMT by Christophe Decanini)232 comments
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A notice has been put up for perusal in an attempt to find a lawyer interested in handling a Class Action suit against Amiga Inc. By Wednesday, May 7, a lawyer will be selected. Anyone interested in joining please contact me at jubalharsaw1973@yahoo.com Only "Club Members" please. You must have proof of payment, a valid Email address, and understand that those involved in the Class Action will likely not recieve product if the suit comes to pass.
On Wednesday (or shortly thereafter) a lawyer or representative will contact you and verify your Email, and your information will be verified by the lawyer, not me. (But I do need to supply him with a contact Email or at least a phone number or address)
I've been instructed NOT to reveal the details. These you must only discuss with the lawyer when contacted, AFAIK, I will not respond to flames, and I ask that you not give me any information other than a means to verify you are a real person.
I'm sorry I can't say more, but untill Wednesday I don't really know what I can say.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 151 of 232ANN.lu
Posted by dammy on 04-May-2003 15:32 GMT
In reply to Comment 147 (samface):
>snip<

> The court documents suddenly showing up shows nothing really. All except 1 case > says "RELEASED" which I interpret as "case closed", right?

Correct, the court has made a finding.

> Whoever did wrong has payed their dues, right? The only one left says "pending" > and we really shouldn't be making any prejudgements, RIGHT?

Wrong oh hysterical one! The court does not actively enforce the wrong doer (at this case, it's Amiga Inc) to give payment. The court mearly gives more tools to the victum to go after, at his own expense, the wrong doer and attempt to get his just do. In other words, the court agreed that Amiga Inc owes Peck $30K and it's up to Peck to get that $30K from Amiga Inc. This allows Peck's lawyer to do all sorts of investigations to find where Amiga Inc has hid it's money. Enough money to continue to pay certain employee(s) that should go directly to Peck.

Say Samface, why don't you spot Amiga Inc the $30K and I'm sure they will reimburse you after the A1/OS4 sale royalities come flooding in after the titalwave of DE revenues that is do in two more weeks!

Dammy
Preliminary Class Action Request for Information. - Amiga Inc : Comment 152 of 232ANN.lu
Posted by Anders Kjeldsen on 04-May-2003 15:32 GMT
In reply to Comment 150 (samface):
Membership fee? Seriously, Samface? There's no club. That's just a stupid cover!
Preliminary Class Action Request for Information. - Amiga Inc : Comment 153 of 232ANN.lu
Posted by Anders Kjeldsen on 04-May-2003 15:35 GMT
In reply to Comment 149 (samface):
Why do people want to support Amiga Inc? I find it sad that no one has thought about supporting Hyperion and Eyetech.

Do you believe, Samface, that Hyperion and Eyetech has got any of that money from the coupons? I don't. I think they've been spent on Christmas presents for Bill McEwen. But that's just speculation.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 154 of 232ANN.lu
Posted by samface on 04-May-2003 15:44 GMT
In reply to Comment 152 (Anders Kjeldsen):
Which I earlier said is fine with me as long as it makes me able to support their cause. Nobody forced me to give them my money, I gave them because I wanted to. Now people like you come here and want to save me from... myself?

No, the real "cover up" here is you non-amiga prepayer's motives.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 155 of 232ANN.lu
Posted by samface on 04-May-2003 15:48 GMT
In reply to Comment 153 (Anders Kjeldsen):
"I think they've been spent on Christmas presents for Bill McEwen."

Ever heard of auditors? I think that one would be pretty hard to cover up, you know...

Where they went is of less importance to me as nobody knows where those money is needed the most but them. Even if it went to paying something trivial like the rent, that's fine with me as it serves Amiga Inc. and therefore also the purpose of my payment.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 156 of 232ANN.lu
Posted by dammy on 04-May-2003 15:48 GMT
In reply to Comment 149 (samface):
> 1. *I* am one of those "little guys" (Club Amiga member & PartyPack owner),
> do I sound like I want your help from Amiga Inc.'s "pissing"?

Actually, as much as this may shock you, I wasn't even referring to the suckers like you who blew their $50 on a scam.

> What *you* fail to grasp is that most people bought the coupon for supporting > Amiga Inc. and that they are still supporting them. We don't want your help,
> period.

Nor shall you recieve any. What your missing is there has been a long history of Amiga Inc that goes beyond this $50 unlawful deal you are so happy about. That history is what I'm talking about, not you fanatical short sightedness.

> 2. I don't think bringing criminals to justice is something unique to the
> American culture. Leave your patriotism out of this, please.

You forget, this is an American company. Most Americans like to take care of our own trash.

> Furthermore, it has not been established that a crime has been committed yet. > "Innocent until proven otherwise", remember? I tried to explain above that

That is for the jury's mindset. I, and others, OTOH, can make our own decisions quiet nicely. As your twisting in the wind trying to defend the undefendable, let me point out that government has to make judgement of actions in order to bring them before the justice system for a impartial jury decides their fate. The State (or US) Attorney's office has to be convinced there was a crime or infraction committed before they take it proper action and that is way before bring the defendents to trial.

> otherwise", remember? I tried to explain above that it's not even technically > possible for the crime you are accusing them of to have taken place yet, what > part of it didn't you understand?

What you do not understand that there are US (ie Federal) Code that governs such transactions that Amiga Inc has done. Under US Commerce Code, they had 30 days to cough up the goods, unless they notify, in writing, there would be a delay. IIRC, that delay had a maximum of an addional 60 days in which the people can demand their money back at any time. It's nearly a year now, which is what that law was created to protect the people from. Mail fraud is clearly, a federal offense.

Welcome back Samface, we've been missing you!

Dammy
Preliminary Class Action Request for Information. - Amiga Inc : Comment 157 of 232ANN.lu
Posted by samface on 04-May-2003 15:52 GMT
In reply to Comment 151 (dammy):
Strange, my dictionary tells me something entirely different when looking up the word "pending". In any case, don't expect me to take any word of what you say (don't take it personally, I'd say the same about anyone in the forums of ANN.lu), show me the papers backing it up.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 158 of 232ANN.lu
Posted by Anders Kjeldsen on 04-May-2003 15:53 GMT
In reply to Comment 154 (samface):
I wouldn't want to try to save you :) Anyway, if you don't want to be "saved" then perhaps you shouldn't be here ? There ARE poeple that feel that they've been stolen from. I support them. I'm not going to do an effort to have justice done on Amiga Inc, but I do not support Amiga Inc for stealing from a lot of users. Amiga Inc is destroying the comminity I'm in, that's why this is one of my conserns.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 159 of 232ANN.lu
Posted by samface on 04-May-2003 15:55 GMT
In reply to Comment 156 (dammy):
It doesn't classify as what you described above since we're talking about a club membership. Cover up or not, it's perfectly legal to ask for $50 for a lifetime membership in a club and offer discount on certain products at the same time.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 160 of 232ANN.lu
Posted by Keith Blakemore-Noble on 04-May-2003 15:55 GMT
In reply to Comment 147 (samface):
" Exactly. I'm so tired of this completely irrational "since x is bad, y has to be better" kind of reasoning"

Yet that is EXACTLY your own argument in post #128 where you claim that AInc are good because their illegal acts are fat less serious than any committed by Microsoft. Ie. "Since Microsoft is bad, AInc has to be better"...
Preliminary Class Action Request for Information. - Amiga Inc : Comment 161 of 232ANN.lu
Posted by samface on 04-May-2003 15:57 GMT
In reply to Comment 158 (Anders Kjeldsen):
Stealing? Fraud is one thing, stealing another. You're even mixing your false claims up. :-P

Yes, that was just for teasing. :-)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 162 of 232ANN.lu
Posted by samface on 04-May-2003 16:00 GMT
In reply to Comment 160 (Keith Blakemore-Noble):
No, that was an example of my theory that legal history can be misleading and therefore shouldn't be used as facts for backing these kind of conspiracy theories up. Put things back into it's context and it makes sense, I promise.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 163 of 232ANN.lu
Posted by Thomas W on 04-May-2003 16:11 GMT
In reply to Comment 162 (samface):
@samface:

I wiss I had your level of energy and the same amount of spare time ;)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 164 of 232ANN.lu
Posted by samface on 04-May-2003 16:20 GMT
In reply to Comment 158 (Anders Kjeldsen):
These threads are for agreements just as well as disagreements. I'm here because I, unlike you, have made a prepayment to Amiga Inc. and strongly feel that these people should not be speaking on my behalf. I as well as several others in this thread, feel that it's important to point at the fact that far from everyone wants to sue Amiga Inc. On the contrary, I've seen people asking for somewhere to sign up against these kind of actions since these actions defeats the purpose of the prepayments to begin with.

I find it much more relevant of me beeing here rather than a "non-prepayer" since you really have nothing to do with the issue at hand and because alot of people obviously have different agendas besides supporting the "victims" of this so-called "scam". If the majority of the prepayers wants to not sue, let it be so rather than trying to meddle in something that really doesn't concern you to begin with.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 165 of 232ANN.lu
Posted by samface on 04-May-2003 16:22 GMT
In reply to Comment 163 (Thomas W):
Hey, what else am I supposed to do on a boring and lonesome sunday? ;-)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 166 of 232ANN.lu
Posted by Red Melons on 04-May-2003 17:28 GMT
In reply to Comment 149 (samface):
@samface:
"it's not even technically possible for the crime you are accusing them of to have taken place yet, what part of it didn't you understand?"

"Welcome and thank you for joining over a thousand of your friends and becoming
founding members of the Amiga Club.

You will all be receiving in the coming weeks, your Shirt and Coupons. They
will be delivered directly to your address that you gave us when you joined.

Everything will ship shortly after the logo and shirt design has been selected.

Bill McEwen and the rest of the team at Amiga. 10 August 2002"

Perhaps you can explain this to me - I can't understand why I haven't got my Shirt and Coupon ;-)
Maybe you can also explain why none of the AmigaOne dealers, including Eyetech wanted anything to do with the Coupon scheme (apart from the fact that they obviously knew AInc better than us).
Preliminary Class Action Request for Information. - Amiga Inc : Comment 167 of 232ANN.lu
Posted by The_Editor on 04-May-2003 17:30 GMT
In reply to Comment 164 (samface):
Precisely.

:)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 168 of 232ANN.lu
Posted by Anonymous on 04-May-2003 17:32 GMT
In reply to Comment 166 (Red Melons):
I really dont understand why you ask a customer to explain the faults of Amiga.inc.

How would he know.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 169 of 232ANN.lu
Posted by Anonymous on 04-May-2003 17:37 GMT
In reply to Comment 166 (Red Melons):
Are you stupid or what.

Just because Samface explains who he feels about the 50$ he paid Amiga.inc that does not mean he has answer for Amiga.inc.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 170 of 232ANN.lu
Posted by The_Editor on 04-May-2003 17:49 GMT
In reply to Comment 169 (Anonymous):
More precision !!

:)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 171 of 232ANN.lu
Posted by Anonymous on 04-May-2003 18:19 GMT
In reply to Comment 166 (Red Melons):
Are you stupid or what.

Just because Samface explains how he feels about the 50$ he paid Amiga.inc that does not mean he has answer for Amiga.inc.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 172 of 232ANN.lu
Posted by samface on 04-May-2003 18:37 GMT
In reply to Comment 166 (Red Melons):
But for christ sake, have you even tried asking Amiga Inc.? Amiga Inc made an official apology for the delay of the t-shirts not too long ago and explained that they are doing what they can to get them shipping. However, it's not like these t-shirts are on the top of their priority list right now, which I'm glad that it isn't. I don't care about the t-shirts, I care about making progress and eventually delivering products. Now stop whining like a spoiled little brat and try doing something useful for a change. Like, try supporting something; it's so much more fun and creative than opposing, I promise. =)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 173 of 232ANN.lu
Posted by smithy on 04-May-2003 18:45 GMT
In reply to Comment 154 (samface):
>Which I earlier said is fine with me as long as it makes me able to support
>their cause.

What is their "cause"?
Preliminary Class Action Request for Information. - Amiga Inc : Comment 174 of 232ANN.lu
Posted by samface on 04-May-2003 18:58 GMT
In reply to Comment 173 (smithy):
Hmm... Too much typing for one post. Simply point your browser here: http://www.amiga.com/feature/about_amiga/
Preliminary Class Action Request for Information. - Amiga Inc : Comment 175 of 232ANN.lu
Posted by Anonymous on 04-May-2003 19:01 GMT
In reply to Comment 172 (samface):
LOL yes and it aint like the moaners here are going to ware the shirts as that would be seen as supporting Amiga.inc, so that is the last thing they want.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 176 of 232ANN.lu
Posted by Red Melons on 04-May-2003 19:37 GMT
In reply to Comment 175 (Anonymous):
"LOL yes and it aint like the moaners here are going to ware the shirts as that would be seen as supporting Amiga.inc, so that is the last thing they want."

I tried to show support for AInc by paying for the coupon.
I have ordered an AmigaOne-XE G4 complete system (all components supplied by Eyetech).
I am posting from a real Amiga using real Amiga software.

How many of the people on here throwing abuse at anybody who criticises AInc can say that?
Most are probably the same people who whine "I won't buy an AmigaOne because it's more expensive than a pc from WalMart" or "I want OS4.0 for x86 so I can use my pc from WalMart".
Preliminary Class Action Request for Information. - Amiga Inc : Comment 177 of 232ANN.lu
Posted by Alkis Tsapanidis on 04-May-2003 19:53 GMT
In reply to Comment 176 (Red Melons):
I can say that I have several Amigas and well upgraded ones...
I paid TOO much money for them.
Yet I found the coupon thingie unexcusable.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 178 of 232ANN.lu
Posted by Ray A. Akey on 04-May-2003 21:47 GMT
In reply to Comment 126 (Keith Blakemore-Noble):
Keith,

If they aren't posted on amigadev.net, then they aren't yet available. When they are, they will be posted. I welcome you to download them when they are, like everyone else who purchased the product will be doing.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 179 of 232ANN.lu
Posted by Ray A. Akey on 04-May-2003 21:51 GMT
In reply to Comment 143 (Alkis Tsapanidis):
What you refer to is a rather one-sided story posted by Peck. It doesn't make it true and you also haven't been given the whole story. Don't look for me to give it to you either. That's up to upper management to speak on if they so choose as I'm not sure of the legal ramifications of doing so myself.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 180 of 232ANN.lu
Posted by Ray A. Akey on 04-May-2003 22:03 GMT
In reply to Comment 172 (samface):
@samface

We've received very few requests and, I give you, a grand total of **2** requests for refund; and I cannot say who those are. I monitor all of the Shop email addresses and also the webmaster email addresses and still, those are the numbers who have requested a refund.

There are a small handful more who have asked for information about why they have not received Club mailings and info, which after careful investigation, stemmed from them giving incorrect email addresses or having changed them sometime after joining the Club but not updating their email address via our Profile web application or by direct notification to us.

After working with these people and getting their mailings sorted out, they have been extremely satisfied.

Mind you, I can only help those from who I have received notification. If there are others out there who don't contact us, I just can't accept the blame if I don't know their new email addresses. They should contat us if there is a problem and not wait until 8-9 months or a year after they joiined. I don't blame them but they shouldn't blame Amiga either. Our records are only as valid as the users and customers keep them, by communication with us.

As for this coupon thing.. What I would do, IF IT WERE MY CHOICE (and realize please that I don't make these decisions but I can SUGGEST them to those who make the decisions), is give those who paid BEFORE the offer was turned into a club - who also request a refund - the refund that they request.

As for those who those who purchased a membership after it became a Club (and you can check the announcement dates in the PR) got a Club Membership. I don't believe that they should get a refund.

That would be the best way to handle it in my opinion. This may indeed be how Amiga handles it, or maybe an even larger measure of good faith will be put forth.

Whatever Amiga chooses, it should all be known in the not too far future. I would give you my estimation of when that would be but I am loathe to do that because too many people put an emphasis on dates if something goes overshoot. So, I refuse to give dates.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 181 of 232ANN.lu
Posted by hammer on 04-May-2003 23:36 GMT
In reply to Comment 176 (Red Melons):
>I am posting from a real Amiga using real Amiga software.
Note that "Amiga Forever" is a licenced product from Amiga Inc.

A similar scenario also exist for MS Windows 95 class OS i.e. "SoftWindows 95" for the PPC/MacOS platform i.e. licensed Windows 95 source code from Microsoft Corp.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 182 of 232ANN.lu
Posted by T_Bone on 05-May-2003 02:05 GMT
In reply to Comment 176 (Red Melons):
> I tried to show support for AInc by paying for the coupon.
> I have ordered an AmigaOne-XE G4 complete system (all components supplied by Eyetech).
> I am posting from a real Amiga using real Amiga software.

Just curious, did you get your $50 discount?
Preliminary Class Action Request for Information. - Amiga Inc : Comment 183 of 232ANN.lu
Posted by Ray A. Akey on 05-May-2003 03:30 GMT
In reply to Comment 182 (T_Bone):
No one has gotten their discount yet.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 184 of 232ANN.lu
Posted by Jean-François Bachelet on 05-May-2003 06:12 GMT
Dear Jubal,

Please go and burn in hell :^)

Jean-François Bachelet, Amiga user and supporter since 1985, happy Club Amiga member and 3 times coupons customer.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 185 of 232ANN.lu
Posted by Keith Blakemore-Noble on 05-May-2003 08:46 GMT
In reply to Comment 178 (Ray A. Akey):
"Keith,

If they aren't posted on amigadev.net, then they aren't yet available."

Which, Ray, is precisely my point.

Despite McEwen promising us a couple of years ago that they woudl be available "real soon now", they are STILL not available years later.

Which is exactly what I stated.

Thank you for confirming andaccepting my point, Ray.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 186 of 232ANN.lu
Posted by Keith Blakemore-Noble on 05-May-2003 08:49 GMT
In reply to Comment 179 (Ray A. Akey):
" What you refer to is a rather one-sided story posted by Peck. It doesn't make it true"

So, Ray, are you telling is that it is not true, or are you simply resorting to AInc's favourite tactic of FUDding yet again?

Tell us, Ray - are you saying Mr Peck was not an AInc employee and that he is lying?
Are you telling us he was an employee and was fully paid and that he is lying?
Or is he in fact telling the truth and you are simply (quite possibly under orders from AInc) trying to hide this all under a cloud of smoke in the hopes that people might forget about it?

(And remember, crap like "I know something but I can't tell you" is nothing more than option 3).
Preliminary Class Action Request for Information. - Amiga Inc : Comment 187 of 232ANN.lu
Posted by Ray A. Akey on 05-May-2003 09:15 GMT
In reply to Comment 185 (Keith Blakemore-Noble):
Keith,

Uhm.. You're welcome I guess. What more can I tell you than the truth? And I'm not absolutely sure about this but don't think Bill made "promises" about a specific date. He might have guessed wrong based on assumptions. If he made specific promises to you personally, of course I wouldn't know aobut that but I haven't seen any promises regarding that.

In any case, when those pieces are ready, you will probably get them as an update, depending on the licensing. I won't promise anything because there are other factors that might warrant a small fee for the update (but I'm only spitballing here, so don't hold me to it - it may very well be a free update, I just don't know at this point in time).

However, you will know as soon as I know, I promise you that.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 188 of 232ANN.lu
Posted by Ray A. Akey on 05-May-2003 09:21 GMT
In reply to Comment 186 (Keith Blakemore-Noble):
Keith,

Fact is, it is a one-sided story at this point and, you aren't going to like this but I can't tell you the other side of the story. I certainly don't want to get my self in a legal situation where that is concerned (NDA and all you know).

Besides, I'd prefer not to get into a mud-slinging match with Mr. Peck. It isn't appropriate for me to do so, only because I do represent an Amiga presence. If I was employed elsewhere or had no affiliation to Amiga (or any other company that affected this community) then I might be inclined to do so.

If and when someone decides to fill in the gaps and/or correct the unturths, you'll see it loud and clear. :)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 189 of 232ANN.lu
Posted by Anonymous on 05-May-2003 09:50 GMT
In reply to Comment 188 (Ray A. Akey):
Ray - I see. So you can not even confirm or deny that Mr Peck was an AInc employee, right?

Sounds to me like uou are scrambling around desperately for more smoke and mirrors, Ray.

Let's see. You don't deny that Mr Peck was an AInc employee.

you do not deny that he was not paid prroperly by AInc.

Thank you for clearing that up, Ray, I think that answers both of my questions rather neatly.

I know it must be difficult for you - you are not in an easy position. Your employers have been proven to be crooks, but you still have to earn a crust and so you have to be careful what you say and you have to say what they tell you to say - here's hoping that your new CEO is rather more honest than the previous one, and removes from you this rather unfortunate burden of having to toe the Corporate Propaganda line, freeing you up to do your actual job again.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 190 of 232ANN.lu
Posted by DaveP on 05-May-2003 09:52 GMT
In reply to Comment 188 (Ray A. Akey):
Wow. All I can say is spend a week away from the Amiga scene ( unpacking boxes in my house in a different country! ) and what do we have? A total cacophany of
anti Amiga Inc publicity! Given the previous event before I went away was the
advertising of AOS4 it seems mightily co-incidental!

What do we have? A sob story from an ex-employee that may or may not be geniune but certainly should be read to the tune of a very sad sounding violin,
an attempt to start a class action lawsuit against Amiga Inc over the club
thing although in my opinion club members should be counter sued for being so
gullible ( joke! ).

What else? Any co-incidental positive MorphOS news or puff pieces? Wonder
what is modded as news and what is still forum? ;-)

Not saying anyone is lying but a look from a week away it looks all quite "timed".

Either or, AOS4 is safe and looking good. Im certainly not suffering the
effects of Fear, Uncertainty and Doubt but hilarity brought on by a Frankly Unbelievable Deluge of anti Amiga Inc publicity.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 191 of 232ANN.lu
Posted by Keith Blakemore-Noble on 05-May-2003 09:54 GMT
In reply to Comment 187 (Ray A. Akey):
"Keith,

Uhm.. You're welcome I guess. What more can I tell you than the truth?"

Which uis more than McEwen and Moss ever did!

Fact of the matter is, McEwen told us all publically, around the launch of SDK 1.01, that there were several parts missing but they were coming "real soon" and would be out "shortly" (this was all on the AInc website at the time, and was still there until the recent revisionism infestation occurred on the site). That was years ago, and yet they are STILL not here! Bill "on shcedule and rockin'" McEwen certainly seems to have a rather strange concept of "soon", wouldn't you say?
Preliminary Class Action Request for Information. - Amiga Inc : Comment 192 of 232ANN.lu
Posted by Keith Blakemore-Noble on 05-May-2003 09:55 GMT
In reply to Comment 189 (Anonymous):
(That comment was me - forgot to enter my name on the field, sorry)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 193 of 232ANN.lu
Posted by Anonymous on 05-May-2003 10:38 GMT
In reply to Comment 190 (DaveP):
Looks like Amiga Inc. has lost its defenders. Too bad for them but not many support them. Hyperion + Genesi + Eyetech = Axis of God. Amiga Inc. belongs to other side.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 194 of 232ANN.lu
Posted by DaveP on 05-May-2003 10:41 GMT
In reply to Comment 193 (Anonymous):
Is it really possible to view it in such stark terms?
Preliminary Class Action Request for Information. - Amiga Inc : Comment 195 of 232ANN.lu
Posted by redrumloa on 05-May-2003 11:00 GMT
In reply to Comment 190 (DaveP):
@DaveP

LOL You don't really believe that do you? I doubt Bolton sueing Amiga Inc had anything to do with Hyperion advertising:-)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 196 of 232ANN.lu
Posted by Ray A. Akey on 05-May-2003 11:12 GMT
In reply to Comment 189 (Anonymous):
Mr Anonymous,

Hey it's like the lottery with some of you guys, huh? I probably shouldn't feed the trolls but sorry, <BZZZZZZZZT!> wrong door.

I didn't confirm nor deny anything about Mr. Peck's statement(s). I'm sure you read it the first time but so you may comprehend it properly, I'll repeat it: What I said was that what you've heard was a one-sided story. My comments don't confirm any of the things you assumed. Don't even bother wasting your time trying to twist my comments into something that suits your agenda. What YOU infer just isn't what was said.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 197 of 232ANN.lu
Posted by DaveP on 05-May-2003 11:14 GMT
In reply to Comment 195 (redrumloa):
You misread ( or I mistype ).

I don't think it is beyond the whit of a few people to deliberately leak
information that spreads a bit more uncertainty about Amiga Inc ( and will
take in the less sophisticated who still can't seperate AOS4 from Amiga Inc in their brains ) to counter any positive publicity/feeling. This is how business works in a small pond - through manipulation. You'd have to be naive to believe otherwise.

Of course he didn't open the lawsuit ( look at the dates ) for that reason nor did I suggest he did but it is interesting to see who was already aware of the details of the case beforehand and that this fever pitch of noise has reached such a crescendo.

The timing of the release of information ( CEO, this, class action ) looks architected to checkmate positive publicity about AOS4 and A1.

You can agree or disagree, its my opinion and Ive had to read back from over a weeks worth in a few hours to form it. Strategies are easy to see ( or misread - I can admit that there is a probability that the mere fact of the compressed reading back could significantly influence my interpretation of events ) in hindsight read as a precis.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 198 of 232ANN.lu
Posted by Ray A. Akey on 05-May-2003 11:18 GMT
In reply to Comment 192 (Keith Blakemore-Noble):
Duly noted, but my reply is still the same. :-)
Preliminary Class Action Request for Information. - Amiga Inc : Comment 199 of 232ANN.lu
Posted by Ray A. Akey on 05-May-2003 11:22 GMT
In reply to Comment 191 (Keith Blakemore-Noble):
What else can they tell you other than the parts aren't ready? There is no crime there just bad ETA estimation. It's not the first time anyone in history has ever had this misfortune and I'm sure it won't be the last time anyone does it. However, it should be a lesson to us not to make announcements that we are not 99% sure of, which we have said we won't be doing and we have kept to that.

Again, when those parts are ready, you'll know it. I'll make sure of it.
Preliminary Class Action Request for Information. - Amiga Inc : Comment 200 of 232ANN.lu
Posted by gz on 05-May-2003 11:26 GMT
In reply to Comment 3 (Quixote):
>>what would be the point, other than to hurt Amiga, Inc. for the purpose of hurting Amiga, Inc.?
>>Such action would be damaging at a time when the company needs the community’s confidence.

I disagree because IMHO the Amiga.inc has done near zero to accomplish anything other than licencing out the amiga hardware and os. If amiga inc. were to go bust, nothing would change and you would still receive your amigaone and your amigaos4 since they are carried out by companies that have secured their rights to develop these products even without Amiga inc. Actually they aren't Amiga inc. products at all, only the licences are. The products themselves are the property of Hyperion software and Eytech respectively, so these products have nothing to do with amiga inc. Other than the license and the amiga name that comes with the licence.

Therefore the lawsuit can only perhaps threaten AmigaDE and the public image of amiga inc. The products are safe and sound whatever might happen with a lawsuit. And believe me that to bust a company down you need something more powerful than a legal complaint about a few pesky t-shirts.

>>Speaking as a Club Amiga member, the last thing I want is to have one fewer company from which to buy Amiga related products.

If by that you mean the amigaos4 and the amigaone you are buying them from hyperion or eytech anyway, no problems there. If however you are referring to the DE, then you have a point.

>>Shutting down the competition does not help the customer.

I agree but there really has been almost zero competition from AI's part. All the competition against for instance genesi has come from hyperion or eyetech. Not from Amiga inc.
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