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[News] Thendic-Amiga LawsusitANN.lu
Posted on 20-Sep-2003 07:46 GMT by Rich Woods (Edited on 2003-09-20 20:16:03 GMT by Christian Kemp)38 comments
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Here is the latest court docket report with newest filings (from 9/17 and 9/19/2003) - just available today. The rest in the password protected Thendic Amiga directory.

09/17/2003 18 RESPONSE to Motion filed by Defendant Amiga Inc re 14 Plaintiffs' Motion for Sanctions (Temp4, ) (Entered: 09/19/2003)

09/17/2003 19 DECLARATION of Diana S. Shukis filed by Defendant Amiga Inc in support of 18 Response to Plaintiffs' Motion for Sanctions (Temp4, ) (Entered:

09/19/2003) 09/17/2003 20 CERTIFICATE OF SERVICE by Defendant Amiga Inc for 18 Response to Plaintiffs' Motion for Sanctions, 19 Declaration Diana S. Shukis in Support. (Temp4, ) (Entered: 09/19/2003)

09/17/2003 22 DECLARATION of RICHARD HUGHES in Support of Plaintiff's Response for 14Sanctions, filed by Plaintiffs Genesi Sarl, Thendic Electronics Components. (Temp5, ) (Entered: 09/19/2003)

09/19/2003 21 Plaintiffs' REPLY in Support of It's 14 MOTION for Sanctions, filed by Plaintiffs Genesi Sarl, Thendic Electronics Components. (Temp5, ) (Entered: 09/19/2003)

Thendic-Amiga Lawsusit : Comment 1 of 38ANN.lu
Posted by Atheist2 on 20-Sep-2003 06:55 GMT
Why do I want to see a check of 1,000 dollars with your name on it payable to Ray Akey? Do you expect me to believe you sent Ray $1,000. Why did you do that?

A picture of sign posts, cars, and houses????? WHY? What does that mean?

Please explain.


A1!
Thendic-Amiga Lawsusit : Comment 2 of 38ANN.lu
Posted by fedupwithrichwoods-stalkingcrap on 20-Sep-2003 07:12 GMT
Rich, why don't you post something more interesting, like your mental health records?
Thendic-Amiga Lawsusit : Comment 3 of 38ANN.lu
Posted by catohagen on 20-Sep-2003 07:20 GMT
In reply to Comment 1 (Atheist2):
>A picture of sign posts, cars, and houses????? WHY? What does that mean?

no one knows...
someone took pictures of cars and houses and post them on a web site.

i guess if you like looking at crappy pics of houses and cards its quite useful :)
He should submit his site into google, would be easyer to view the pics..
Thendic-Amiga Lawsusit : Comment 4 of 38ANN.lu
Posted by John Block on 20-Sep-2003 07:47 GMT
A keypoints summary for the time poor and lazy would be welcome
Thendic-Amiga Lawsusit : Comment 5 of 38ANN.lu
Posted by Rich Woods on 20-Sep-2003 08:05 GMT
In reply to Comment 1 (Atheist2):
Posted by Atheist2 (24.69.255.237) on 20-Sep-2003 08:55:29

Why do I want to see a check of 1,000 dollars with your name on it payable to Ray Akey? Do you expect me to believe you sent Ray $1,000. Why did you do that?

A picture of sign posts, cars, and houses????? WHY? What does that mean?

Please explain.


A1!
----------------
I don't know - but you won't have to look at it any more!
Thendic-Amiga Lawsusit : Comment 6 of 38ANN.lu
Posted by T_Bone on 20-Sep-2003 08:09 GMT
In reply to Comment 5 (Rich Woods):
ROFLmao!!! :D
Thendic-Amiga Lawsusit : Comment 7 of 38ANN.lu
Posted by Rich Woods on 20-Sep-2003 08:09 GMT
In reply to Comment 2 (fedupwithrichwoods-stalkingcrap):
Posted by fedupwithrichwoods-stalkingcrap (195.92.168.173) on 20-Sep-2003 09:12:45

Rich, why don't you post something more interesting, like your mental health records?

---------------
They're on line MY MAN! Unfortunately - YOU'RE NOT! GUFFAWWW _ JO
Thendic-Amiga Lawsusit : Comment 8 of 38ANN.lu
Posted by T_Bone on 20-Sep-2003 08:11 GMT
In reply to Comment 1 (Atheist2):
> Why do I want to see a check of 1,000 dollars with your name on it payable to
> Ray Akey? Do you expect me to believe you sent Ray $1,000. Why did you do that?

You must be new here :D

In response to someone saying that the documents could possibly be forged by Rich Woods, he bet Ray $1000 that they were genuine.
Thendic-Amiga Lawsusit : Comment 9 of 38ANN.lu
Posted by Atheist2 on 20-Sep-2003 08:16 GMT
In reply to Comment 5 (Rich Woods):
Thank you for that insightful comment bringing clarity to the 20/20 range for all of the readers of this fine forum.

A1!
Thendic-Amiga Lawsusit : Comment 10 of 38ANN.lu
Posted by Rich Woods on 20-Sep-2003 08:20 GMT
In reply to Comment 8 (T_Bone):
Posted by T_Bone (24.241.148.80) on 20-Sep-2003 10:11:57

In Reply to Comment 1:
> Why do I want to see a check of 1,000 dollars with your name on it payable to
> Ray Akey? Do you expect me to believe you sent Ray $1,000. Why did you do that?

You must be new here :D

In response to someone saying that the documents could possibly be forged by Rich Woods, he bet Ray $1000 that they were genuine.
-----------------

So how are the hell you doing in NC? I hope nothing of major proportins has affected your life..... Sheesh - what else can I say?

I would hate to say God Bless - as I would expect to have stones thrown my way -so I'll say "Satan Saves", no not a good phrase -

I hope that things have been not too difficult for you and your's and that you and your's have been able to weather the "storm" - what else can I say with sincerity?
Thendic-Amiga Lawsusit : Comment 11 of 38ANN.lu
Posted by Atheist2 on 20-Sep-2003 08:22 GMT
In reply to Comment 8 (T_Bone):
Hi T_Bone,

Thanks for explaining. Some of these threads are longer than a Piers Anthony novel, so I must of missed that ;)

A1!
Thendic-Amiga Lawsusit : Comment 12 of 38ANN.lu
Posted by Atheist2 on 20-Sep-2003 08:32 GMT
In reply to Comment 10 (Rich Woods):
How did they ever get a city named "Kill Devil Hills" in North Carolina????
Thendic-Amiga Lawsusit : Comment 13 of 38ANN.lu
Posted by T_Bone on 20-Sep-2003 08:50 GMT
In reply to Comment 10 (Rich Woods):
Was hoping the hurricane would do some dirty work for me during a hurricane party we threw. No such luck yet :D

http://amiga.org/modules/newbb/viewtopic.php?topic_id=11171&forum=1&23
Thendic-Amiga Lawsusit : Comment 14 of 38ANN.lu
Posted by the REAL DanDude on 20-Sep-2003 14:30 GMT
Looks like Terry Cooksey --JR-- has gone all the way and beyond. This is very, very low. In fact, this post and and link to web website must be torn down ASAP. Talk about PURE INSANITY!! All for the love of money!

*making call to psychic ward*
Thendic-Amiga Lawsusit : Comment 15 of 38ANN.lu
Posted by dammy on 20-Sep-2003 15:25 GMT
In reply to Comment 14 (the REAL DanDude):
> *making call to psychic ward*

Make sure you give them your address and social security number (or appropriate EU number if thats the case) on the phone. Makes their lives so much easier. ;)

Dammy
Thendic-Amiga Lawsusit : Comment 16 of 38ANN.lu
Posted by Joe "Floid" Kanowitz on 20-Sep-2003 18:25 GMT
If you call the psychic ward, shouldn't they already know?

Anyhow, whee. Genesi/Thendic makes argument that sanctions are warranted; AInc. makes argument that they complied enough and the case should continue more procedurally, and eventually, at some point, the court will make a call. Welcome to the legal world. (Decision of this point would seem to hang on how ridiculous the judge finds either company - it's got to be obvious by now that the two sides don't like each other much, nobody really likes delays, but - same as it appears out here - the sanctions requested are either 'very reasonable,' or a set-up to direct AInc.'s limited resources to a project that can then be delayed payment on, forcing another legal round later* and driving them further into the dirt.)

*Hm, and purchase of development hardware now?... http://uptime.netcraft.com/up/graph/?host=www.microsoft-antitrust.gov ? ;)

So, more info, fun to have, but no decisions. One side possibly dodging discovery, the other possibly misrepresenting Court opinion, a splendid show is guaranteed for all.

Meanwhile, if this is meant to support a 'team,' what's with the foot-shooting by (creating the appearance of) stalking residences? Sure, 'journalism,' stirring the pot, always fun... but you have to admit it's whipped up pretty well already by this point. (Or if those came from third parties, well, then it *is* journalism by proof that there are goofballs with cameras out there.)
Thendic-Amiga Lawsusit : Comment 17 of 38ANN.lu
Posted by Nomad of Norad on 21-Sep-2003 00:44 GMT
In reply to Comment 16 (Joe "Floid" Kanowitz):
> If you call the psychic ward, shouldn't they already know?

I dunno... I suppose it depends on whether the nurses have taken away their Tarot cards! :-D

(Is the psychic ward where all the injured fortune-tellers go to heal from their wounds? And how did they get injured in the first place, anyway? Inquiring Minds Wanna Know! :-)

NoN
Thendic-Amiga Lawsusit : Comment 18 of 38ANN.lu
Posted by Anonymous on 21-Sep-2003 01:23 GMT
$4.50 per until sold.

That gives Amiga a total income of genesi of $2700 assuming all 600 pegasos's have been sold or rather given away.

Get a life shmucky bucky
Thendic-Amiga Lawsusit : Comment 19 of 38ANN.lu
Posted by Anvil on 21-Sep-2003 07:01 GMT
In reply to Comment 18 (Anonymous):
Giving a public access to private pictures is not quite relevant to Thendic VS Amiga unless there’s another interior motive...
Thendic-Amiga Lawsusit : Comment 20 of 38ANN.lu
Posted by fedupwithrichwoods-stalkingcrap on 21-Sep-2003 07:18 GMT
In reply to Comment 7 (Rich Woods):
"They're on line MY MAN! Unfortunately - YOU'RE NOT! GUFFAWWW _ JO"

-----------------------

hmm, yes doctor, he's lost it!
Thendic-Amiga Lawsusit : Comment 21 of 38ANN.lu
Posted by Skyraker on 21-Sep-2003 07:55 GMT
In reply to Comment 20 (fedupwithrichwoods-stalkingcrap):
@RichWoods

Don't worry mate, we'll mend your spaceship.
Thendic-Amiga Lawsusit : Comment 22 of 38ANN.lu
Posted by Lando on 21-Sep-2003 11:33 GMT
In reply to Comment 18 (Anonymous):
>$4.50 per until sold.

>That gives Amiga a total income of genesi of $2700 assuming all 600 pegasos's have been sold
>or rather given away.

All 600 Pegasos' were sold (and, as you mentioned, 20 or so given away to developers) but not one shipped with AmigaDE hence Amiga Inc has a total income of $0. Now, surely you understand that, to a company in such a dire financial predicament as Amiga Inc, any income is better than no income? That $2700 could have paid for the T-shirts the club members have been owed for over 14 months.

You also seem not to realise that the Pegasos II will be released in a short while, and will ship a lot more than 600 units.

>Get a life shmucky bucky

Get a better repertoire of insults Mr Anonymous.
Thendic-Amiga Lawsusit : Comment 23 of 38ANN.lu
Posted by acg on 21-Sep-2003 14:02 GMT
Is it legal to post ones image on the internet? Is that invasion of privacy?
If those photos of the houses and automobiles are those that the title on each image says it is, it doesn't look like those who owned them were living the high life...that would take away the argument of lavish spending at least on those items....

Also, if some harm were to come to those items, could the poster of the images be culpable? I wonder if a restraining order could be put on the perpetrator by the court to keep him(them) away from the defendants? Also, could this be construed as trying to intimidate a witness in a pending court case? If this was happening to me, I would let the judge and sheriff know about this. I think it's a felony to try and influence a court case using intimidation or implied threats.....
Thendic-Amiga Lawsusit : Comment 24 of 38ANN.lu
Posted by Anonymous on 21-Sep-2003 14:27 GMT
In reply to Comment 22 (Lando):
And you think it's possible to port DE to Pegasos/mos for $2700? ;)
Thendic-Amiga Lawsusit : Comment 25 of 38ANN.lu
Posted by Lando on 21-Sep-2003 15:52 GMT
In reply to Comment 24 (Anonymous):
I should think so. As I understand it, they're all working from home for free. So, say it takes 4 developers 3 months to do the port, at a salary of $0/month. That would make the development costs 4 x 3 x $0 = $0.
Thendic-Amiga Lawsusit : Comment 26 of 38ANN.lu
Posted by FedupwithRichWoodscraptoo on 21-Sep-2003 16:24 GMT
In reply to Comment 2 (fedupwithrichwoods-stalkingcrap):
Yeah, no kidding
Thendic-Amiga Lawsusit : Comment 27 of 38ANN.lu
Posted by Anonymous on 21-Sep-2003 16:25 GMT
In reply to Comment 15 (dammy):
There's no such a thing as a EU number you dummy*ss, go back to your ignorant cave
Thendic-Amiga Lawsusit : Comment 28 of 38ANN.lu
Posted by Anonymous on 21-Sep-2003 16:27 GMT
In reply to Comment 22 (Lando):
>Now, surely you understand that, to a company in such a dire financial
>predicament as Amiga Inc, any income is better than no income?

If you had any clue about business you would understand that, then again if you had any clue about business you wouldn't be asking stupid questions.
Thendic-Amiga Lawsusit : Comment 29 of 38ANN.lu
Posted by unclewilli on 21-Sep-2003 18:20 GMT
WHAT! in the world is all this spying and pictures about? is there some details that might explain this activity and what purpose does it serve, please i think i really want to know...
Thendic-Amiga Lawsusit : Comment 30 of 38ANN.lu
Posted by dammy on 21-Sep-2003 21:43 GMT
In reply to Comment 23 (acg):
The only threats I've seen over these files has been Gary Peake's implied physical threats to Rich on MooBunny. Yeah, it maybe time for Rich to get an injuction against Peakes over this.

Dammy
Thendic-Amiga Lawsusit : Comment 31 of 38ANN.lu
Posted by hammer on 22-Sep-2003 01:59 GMT
In reply to Comment 25 (Lando):
>I should think so. As I understand it, they're all working from home for
>free. So, say it takes 4 developers 3 months to do the port, at a salary of
>$0/month. That would make the development costs 4 x 3 x $0 = $0.
If that was the case, Amiga Inc shouldn't have incurred the relatively massive debt.
Thendic-Amiga Lawsusit : Comment 32 of 38ANN.lu
Posted by hammer on 22-Sep-2003 02:01 GMT
In reply to Comment 30 (dammy):
>The only threats I've seen over these files has been Gary Peake's implied
>physical threats to Rich on MooBunny
There’s always be a cause for such a potential action...
Thendic-Amiga Lawsusit : Comment 33 of 38ANN.lu
Posted by Tigger on 22-Sep-2003 03:44 GMT
In reply to Comment 31 (hammer):
>>
>I should think so. As I understand it, they're all working from home for
>free. So, say it takes 4 developers 3 months to do the port, at a salary of
>$0/month. That would make the development costs 4 x 3 x $0 = $0.
If that was the case, Amiga Inc shouldn't have incurred the relatively massive debt.
>>

Hammer,

According to Bill McEwens own deposition, he hasnt paid people since summer 2002, all "employees" are working at home and not being paid for over a year now. Thats directly from Bill. If he is not paying the people as he has said, then the math above is completely correct.
-Tig
Thendic-Amiga Lawsusit : Comment 34 of 38ANN.lu
Posted by dammy on 22-Sep-2003 03:53 GMT
In reply to Comment 32 (hammer):
>> The only threats I've seen over these files has been Gary Peake's implied
>> physical threats to Rich on MooBunny
> There’s always be a cause for such a potential action...

Sure, but would a reasonable and prudent person make such threats? I don't think so.

Dammy
Thendic-Amiga Lawsusit : Comment 35 of 38ANN.lu
Posted by acg on 22-Sep-2003 19:09 GMT
In reply to Comment 30 (dammy):
If Peake threatened Rich with physical harm during a trial....that might be grounds for charges....to threaten anyone on a public forum would not be very smart...but to publish someones auto license plates, and home photos, DURING a trial could be more serious....especially is something happens to that person or to their property......that's why they have trials, and courts...so that violence doesn't erupt from the humans...it ain't perfect...but it beats anarchy most of the time....
Thendic-Amiga Lawsusit : Comment 36 of 38ANN.lu
Posted by Rich Woods on 28-Sep-2003 18:11 GMT
In reply to Comment 30 (dammy):
Posted by dammy (Trusted user) on 21-Sep-2003 23:43:29

In Reply to Comment 23:
The only threats I've seen over these files has been Gary Peake's implied physical threats to Rich on MooBunny. Yeah, it maybe time for Rich to get an injuction against Peakes over this.

Dammy

Injunction against peake? He doesn't have enough money to put gas in the car - I'm going to worry about him coming after me?

Although the libel he continuously stated (liar, stalker, etc) over a post of he lives in "a nice house with 2 cars in the driveway" sent him over the edge that would be actionable.

A lawsuit would be more appropriate rather than an injunction.
Thendic-Amiga Lawsusit : Comment 37 of 38ANN.lu
Posted by Rich Woods on 28-Sep-2003 18:19 GMT
In reply to Comment 35 (acg):
Thendic-Amiga Lawsusit : Comment 35 of 35

Posted by acg (128.111.97.55) on 22-Sep-2003 21:09:23

In Reply to Comment 30:
If Peake threatened Rich with physical harm during a trial....that might be

Threatening people doesn't have to be just during a trial - peakes statements stand by themselves. He opens his mouth and is now stuffing his calf into it let alone his foot.


grounds for charges....to threaten anyone on a public forum would not be very smart...but to publish someones auto license plates, and home photos, DURING a trial could be more serious....especially is something happens to that person

First and again - it was a picture of a house taken from a public street - license plate also - public - having a plate number does little good except to get the vin number, insurance company and the person the car is registered to.

You have to fill out forms, identify yourself and have a reasonable reason for doing so - so a plate per se - is worthless and provides no info..


or to their property......that's why they have trials, and courts...so that violence doesn't erupt from the humans...it ain't perfect...but it beats anarchy most of the time....

With the massive amount of debt, with the mail and wire fraud in getting the $50 "coupons" and peake knowing the money came from illegal actions - well he can't cry "I didn't know" - he is the recipient of stolen property (the money) and at least a co-conspiritor acting as a "spokesperson" for Amiga in defending their actions.

That's the law.
Thendic-Amiga Lawsusit : Comment 38 of 38ANN.lu
Posted by Rich Woods on 28-Sep-2003 18:21 GMT
In reply to Comment 34 (dammy):
 Thendic-Amiga Lawsusit : Comment 34 of 35




Posted by dammy (Trusted user) on 22-Sep-2003 05:53:13

In Reply to Comment 32:
>> The only threats I've seen over these files has been Gary Peake's implied
>> physical threats to Rich on MooBunny
> There's always be a cause for such a potential action...

Sure, but would a reasonable and prudent person make such threats? I don't think so.

Dammy

Since peake had a heart attack and plenty of people on TAML have mentioned he literally has gone off the deep end his lawyers would most likely use the defense of "diminished capacity".

Anyone working for over a year with no salary - well it kind of peakes for itself.
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