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[News] Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga LawsuitANN.lu
Posted on 25-Sep-2003 20:26 GMT by Rich Woods147 comments
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Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit Although I have known about this action since last weekend I have refrained from posting this info until I had the court documentation available. It has just become available today.

23 MOTION Requesting Leave to Withdraw as Counsel for Defendant by Amiga Inc. (Attachments: # 1 Text of Proposed Order)(Temp5, ) (Entered: 09/25/2003)

09/19/2003

24 DECLARATION of DIANA S. SHUKIS in Support of 23 MOTION RequestingLeave to Withdraw as Counsel for Defendant, filed by Defendant Amiga Inc. re (Temp5, ) (Entered: 09/25/2003)

09/19/2003

25 CERTIFICATE OF SERVICE by Defendant Amiga Inc re 23 MOTION for Leave to Withdraw as Counsel, 24 Declaration of Diana S. Shukis. (Temp5, ) (Entered: 09/25/2003)

Amiga's attorney's have filed a motion before the Federal Court to withdraw as Attorneys for Amiga - effectively leaving them with no counsel.

This means that they could default on their action(s) and counter-claims.

The documents are available at:

Certificate of Service To Withdraw

Shukis Withdrawl

Withdrawal of Counsel 1

Withdrawal of counsel 2

Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 101 of 147ANN.lu
Posted by Tigger on 26-Sep-2003 05:56 GMT
In reply to Comment 98 (Don Cox):
>>>>
"we know that Amiga Inc has $100 or so in the bank account,"

Bill McEwen said there was $100 in the checking account. He said nothing about other accounts the company may have.
>>>>

No, from the deposition Amigas bank account balance is currently about 100 dollars. There is no secret extra money that Amiga has. Thats why they cant be forced to pay anyone who they owe money. There is no money, there has been no money for over a year.
-Tig
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 102 of 147ANN.lu
Posted by Emeric SH on 26-Sep-2003 05:59 GMT
In reply to Comment 99 (Anonymous):
" I wonder what of the second half of your comment applies to the first 15 comments in this thread. Who of Emeric SH, takemehomegrandma, Rich Woods, Dammy, Bill Hoggett, Kronos, Tyro and T_Bone?"

Take it a little personal pleasure over the demise of a company which deceived me (or us, but you will surely argue with that), and now harvests the fruits of their lies, deceptions and inhonesty - this time from their last line of defense, their own attorneys. Oh, not last line - you are still ready to intervene, right?
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 103 of 147ANN.lu
Posted by Amon_Re on 26-Sep-2003 06:02 GMT
In reply to Comment 78 (Eva):
What has hyperion to do with all this?!

Do you have a grudge with them or something? In nearly all the posts you make you always sneer at Hyperion, even if Hyperion isn't involved...

Are you really this pathetic?

As for Ainc's laywers leaving ship, i don't know the reasons (financial ones seems to be the most plausible), and sofar the judge didn't accept their redrawal, but if they do leave, i'm pretty sure they'll find someone else, hell, maybe some freshman that just got out of school, i don't really care.

Rich, what are the requirements for lawyers to represent companies?

Cheers
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 104 of 147ANN.lu
Posted by IanS on 26-Sep-2003 06:12 GMT
/ignore Eva

Ian
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 105 of 147ANN.lu
Posted by Emeric SH on 26-Sep-2003 06:34 GMT
I will add here, out of honesty, that I ventured again to amigaworld.net and found the issue as a thread, and it was pretty cultural and diligent. Even I accept those viewpoints, as just different from mine. It's a very nice thread.

(Now I suppose I surprised some :))
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 106 of 147ANN.lu
Posted by Anonymous on 26-Sep-2003 07:09 GMT
In reply to Comment 102 (Emeric SH):
?

I am sorry, my english clearly is not good I did not understand a word of that.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 107 of 147ANN.lu
Posted by Emeric SH on 26-Sep-2003 07:15 GMT
In reply to Comment 106 (Anonymous):
"Take it a little"

Put an "as" there. There is no edit function on ann.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 108 of 147ANN.lu
Posted by Anonymous on 26-Sep-2003 07:16 GMT
In reply to Comment 107 (Emeric SH):
Yep, quite understandable now :-)
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 109 of 147ANN.lu
Posted by Bill Hoggett on 26-Sep-2003 07:18 GMT
In reply to Comment 91 (dammy):
@dammy

> Since that law firm is also abandoning the law suit against Genesi SARL,
> that screams, atleast to me, they had no reasonable expectation of winning
> that law suit.

Woohoo! That's some leap of logic you're making there. It "screams" indeed. LOL.

The law firm is withdrawing their services from Amiga Inc. End of story. The reason may be a disagreement over the way the defense should be handled which may leave cousel in an untenable position, or it may have to do with payment of legal fees over the ongoing case. Most likely it's the latter.

Abandoning a case simply because the lawyers have suddenly decided it has no merit is a less likely scenario.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 110 of 147ANN.lu
Posted by Daniel Miller on 26-Sep-2003 07:41 GMT
In reply to Comment 109 (Bill Hoggett):
Bill Hoggett says:

> The law firm is withdrawing their services from Amiga Inc. End of story.
> The reason may be a disagreement over the way the defense should be
> handled which may leave cousel in an untenable position, or it may have
> to do with payment of legal fees over the ongoing case. Most likely it's
> the latter.

I agree that it's most likely because they fear Amiga Inc. won't pay up, however it could also be a personal distaste for the client, or even that they worry that an association with Amiga Inc. would be damaging to the reputation of their law firm.

Is that fat lady back stage finally preparing to sing?
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 111 of 147ANN.lu
Posted by Fabio Alemagna on 26-Sep-2003 07:42 GMT
In reply to Comment 90 (Joe "Floid" Kanowitz):
> Now, if the client's been offered adequate counsel ("You're out of cash, from
> everything you've shown me, I'd take the settlement," for example) and refuses,
> the attorney is in a better position to wash his hands, though I'd expect he'd
> want or have to make their position clear to the bench.

That's the scenario I was hinting at in the post you replied to. Of course I know that the judge would never accept the withdrawals of an attorney who _spontaneously_ accepted the case _knowing_ the situation already, but if the attorney suggests something to the client, of the client's own good, and the client doesn't accept, then I think the attorney has all the rights to ask the judge to withdraw.

Anyway, obviously this is pure speculation :-)
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 112 of 147ANN.lu
Posted by T_Bone on 26-Sep-2003 08:18 GMT
Popcorn. Stocking up on popcorn.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 113 of 147ANN.lu
Posted by Emeric SH on 26-Sep-2003 08:21 GMT
"Popcorn. Stocking up on popcorn."

For some time I get huge discounts on that in the local shop, due to the amount I consume lately. ;)
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 114 of 147ANN.lu
Posted by Anonymous on 26-Sep-2003 08:29 GMT
In reply to Comment 105 (Emeric SH):
> I ventured again to amigaworld.net and found the issue as a thread, and it was
> pretty cultural and diligent.

What thread you're talking about? I saw "Oh Dear...", "Concerned over AInc" and "Amiga.com gone or just down?"

The "discussion" there seems to have established the events to be "rumours" or "FALSE RUMOURS", or just part of "the current propaganda trail". That the stark reality dares to rear its ugly head again on open ("bought by Genesi") sites is once again accepted to be caused by The Vast Conspiracy that works best when "we were getting so much good publicity." As soon as somebody like redrumloa who's not well-versed in Right-Think (War is Peace, Freedom is Slavery, Fleecy is Right, Everything is Genesi's fault) enters and dares to disagree and discuss, they scream for moderators to lock the thread, and Mikey_C happily obliges. Gotta get any trace of reality off of the recent discussions page.

There's one interesting thing to note though. All of a sudden, one or two of the hard-core apologists have publicly acknowledged that there ARE or at least CAN POSSIBLY BE problems in the abode of their deity, by nervously referring to Hyperion's allegedly bankruptcy-proof contracts, as kind of a disclaimer. Why do they do that? What McEwen says in court are just "FALSE RUMOURS," right?

Another funny tidbit. Someone had difficulties accessing amiga.com. Fleecy steps in and says they're "moving providers," and it was planned to coincide with his brother-in-law's wedding. The choir immediately starts praising the improved speed of the new server. Then Ray Akey, ainc's webmaster, is STUPID enough to step in and contradict his boss' story; nobody is moving anything, there was probably just a routing hiccup.

Oh yeah, those who want more new acronyms made up by Fleecy and get answers to their "Tell us again why you are so great" questions will have to wait a week, because Fleecy's laptop is currently going through scandisk...

Who said aincotherworldly.nut was boring?
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 115 of 147ANN.lu
Posted by T_Bone on 26-Sep-2003 08:43 GMT
In reply to Comment 114 (Anonymous):
> Then Ray Akey, ainc's webmaster, is STUPID enough

Or honest enough. If we're going to critisize the lies, we can't very well critisize the truth too. :)

That thread did crack me up though :D
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 116 of 147ANN.lu
Posted by Fabio Alemagna on 26-Sep-2003 08:59 GMT
In reply to Comment 115 (T_Bone):
> Or honest enough.

I'd say stupid enough. you know, honesty and stupidity aren't mutually exclusive :-)
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 117 of 147ANN.lu
Posted by Fabio Alemagna on 26-Sep-2003 09:16 GMT
In reply to Comment 115 (T_Bone):
> That thread did crack me up though :D

And even more now that Mikey_C did it again... watch for Tigger's comment. Oh dear... :)
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 118 of 147ANN.lu
Posted by Emeric SH on 26-Sep-2003 09:27 GMT
"Comment Removed from Post by Mikey C - Reason Inflamatory"

Is it all right then that Fleecy's and Ray's statements are - to say the least - a bit contradicting?
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 119 of 147ANN.lu
Posted by Fabio Alemagna on 26-Sep-2003 09:58 GMT
In reply to Comment 118 (Emeric SH):
Besides that, Tigger's comment wasn't inflamatory at all, he limited himself to asking a question on the line of "Who am I supposed to believe now, A. Kay or Fleecy?".

If that's inflamatory...
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 120 of 147ANN.lu
Posted by Andrea Maniero on 26-Sep-2003 09:58 GMT
In reply to Comment 114 (Anonymous):
> who's not well-versed in Right-Think (War is Peace, Freedom is Slavery

You forgot "Ignorance is strenght". Anyway, nice to see someone else noticing the Big Brother trend of these days. I was using exactly these quotes on an italian ML just two days ago.
But aw.net is really good for a laugh today!

Kind regards,
Andrea
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 121 of 147ANN.lu
Posted by T_Bone on 26-Sep-2003 10:09 GMT
In reply to Comment 119 (Fabio Alemagna):
Great day for a... White wedding....

(For the life of me I can't get this song out of my head now!)
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 122 of 147ANN.lu
Posted by Anonymous on 26-Sep-2003 10:53 GMT
In reply to Comment 114 (Anonymous):
Oh no! A different opinion! Burn the witches! Burn them!
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 123 of 147ANN.lu
Posted by gz on 26-Sep-2003 11:00 GMT
It wasn't even AI's actions, it was because of all the baf's that made my mind up to move on from active amiga community.. Sheesh, those ppl think they are helping the platform and think they know the best and only way to do it. The sad reality is, they're driving the very last ppl from amiga, leaving behind a baf dreamland where they can all agree on one thing and that's all that matters to them, no matter what.

I guess that pattern more or less happens on nearly all platforms that have died a long ago...
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 124 of 147ANN.lu
Posted by Rich Woods on 26-Sep-2003 12:02 GMT
In reply to Comment 103 (Amon_Re):
Posted by Amon_Re (Trusted user) on 26-Sep-2003 08:02:30


Rich, what are the requirements for lawyers to represent companies?

-------------
They just have to members of the state bar and be licensed to practice on the Federal Court level (this is a Federal case - NOT a STATE case).

This IS the big time....
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 125 of 147ANN.lu
Posted by MarkTime on 26-Sep-2003 12:13 GMT
I go back to the same question I asked before.
If there are magical investors waiting to save Amiga, Inc., then
just what are they waiting for?

More default judgements, more debt accruing.

There are no magical investors waiting to save Amiga Inc.

Its like I said YEARS ago, the strategy from Amiga appears to be, is,
if one lie doesn't work,
tell another, the last thing said always 'might' be true.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 126 of 147ANN.lu
Posted by dammy on 26-Sep-2003 12:18 GMT
In reply to Comment 109 (Bill Hoggett):
>@dammy

>> Since that law firm is also abandoning the law suit against Genesi SARL,
>> that screams, atleast to me, they had no reasonable expectation of winning
>> that law suit.

> Woohoo! That's some leap of logic you're making there. It "screams"
> indeed. LOL.

Prove me wrong then.

> The law firm is withdrawing their services from Amiga Inc. End of story.

Nope, that is not the end of the story. I wish it was, but its not.

> The reason may be a disagreement over the way the defense should be
> handled which may leave cousel in an untenable position, or it may

When is the last time you had a US lawyer envolved in a civil dispute? They do as the client directs them to do it. Lawyers will give their opinions and best advise and carry on what the client wishes since the client is the one paying. The only exception I can think of if the client is demanding the lawyer to do something illegal or unethical that would endanger the lawyer's standings with the courts.

> have to do with payment of legal fees over the ongoing case. Most likely
> it's the latter.

Agreed.

> Abandoning a case simply because the lawyers have suddenly decided it
> has merit is a less likely scenario.

Follow the money for a minute. Just how would such a law firm get paid if the client currently does not have a pot to piss in? Either they believe in McBill's hype and spin about M$ coming to the rescue (and they would be able to pay for the firm's services) or it's based on contingence fees of winning the counter law suit. Had the law firm be convinced that there is a reasonable chance of them winning the counter law suit and making contingence fees, do you really think they would withdrawning? It's about being in business, the law firm sees there is nothing to be gained financially by keeping Amiga Inc as their client. 40% of $14 Billion isn't to be sneezed at. ;-)

Dammy
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 127 of 147ANN.lu
Posted by Kronos on 26-Sep-2003 12:35 GMT
In reply to Comment 99 (Anonymous):
Dear coward-anonoymuuuuus,

a) I just pointed out that an office at a po-address would be rather small.

b) Yes you are right, A.org wasmuch more fun a year ago when I was pretty
much the only "blue" regular.....

How I would love to be able to dig out some of Red's or even better KennyR's
comment to slap them round their faces *fg* But alas they all have been deleted
in the last clean-out ;-(
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 128 of 147ANN.lu
Posted by Bill Hoggett on 26-Sep-2003 13:09 GMT
In reply to Comment 126 (dammy):
@dammy

What you are suggesting is that the law firm can just drop a case because they don't fancy it any more, with no other preamble or justfication. If that's the case then the US justice system, even for civil cases, is shabby indeed.

If what you say is valid, what's to stop Genesi offering the lawyers more money to dump the case?

(I don't for one minute believe that this happened, or that it would be legal in a Federal court, but I'm no expert)

Actually, if the motivation is not financial (as in Amiga not paying their bill, not the lawyers chasing bigger payoffs), then the chances are you have already though of the alternative: Amiga are insisting on adopting a defense which the lawyers feel would compromise them.

I think you really need an overactive imagination to deduce anything about the validity or otherwise of the case itself from what we _know_.

You know what they say about people who assume things...
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 129 of 147ANN.lu
Posted by T_Bone on 26-Sep-2003 13:13 GMT
In reply to Comment 128 (Bill Hoggett):
> You know what they say about people who assume things...

Yup, they misschedule weddings. :P
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 130 of 147ANN.lu
Posted by dammy on 26-Sep-2003 13:55 GMT
In reply to Comment 128 (Bill Hoggett):
> dammy

> What you are suggesting is that the law firm can just drop a case
> because they don't fancy it any more, with no other preamble or
> justfication. If that's the case then the US justice system, even
> for civil cases, is shabby indeed.

We're talking about the land of Weasels here. Of course, what idiot would want a lawyer to represent them when their lawyer wants nothing to do with them? Should the courts compel a law firm to represent someone they no longer wish to for whatever reason? There are contracts signed at the time when client/firm agree to work/pay for representation. Once that contract if violated or voided (again, this is a contract prepared by weasels and for weasels with whatever Federal or State laws protecting the clients from unethical treatment thrown into it), it's time to cut the worthless cases/clients loose.

> If what you say is valid, what's to stop Genesi offering the lawyers
> more money to dump the case?

There are some ethics that lawyers as officers of the courts, have to abide by. Your example is something that the ethics would forbid them from doing (not too mention they would be open to a law suit themselves by doing such a thing).

> (I don't for one minute believe that this happened, or that it would be
> legal in a Federal court, but I'm no expert)

It wouldn't be.

> Actually, if the motivation is not financial (as in Amiga not paying
> their bill, not the lawyers chasing bigger payoffs), then the chances
> are you have already though of the alternative: Amiga are insisting on
> adopting a defense which the lawyers feel would compromise them.

It's possible, but McBill would have to be a raving fruitcake to tell his unpaid lawyers on what to do that would violate their ethical stands with the courts and WA State Bar.

> I think you really need an overactive imagination to deduce anything
> about the validity or otherwise of the case itself from what we _know_.

If you would step down from what lofty ideas you have about lawyers and into the world of weasels, you may come to understand that law firms are interested in one thing, money. They are in business to make money, else they would be government lawyers working for next to nothing and worked to death. If they can't see any monies coming in, from their defending Amiga Inc or getting monies on contingence fees on Amiga Inc's counter law suit (McBill jokingly said, what, $14 Billion in damages?), do you really think they are going to continue on representing a deadbeat?

I take it the UK doesn't do contingence (wonder if I'm spelling that right?) fees for lawyers? If so, the lawyers will pick and choose which cases have a chance of making monies. Why would they do that instead of a guarenteed money for their work? In the US, it's capped at 40% plus expenses of anything awarded to their client if they win. This is why I'm saying Amiga Inc's soon to be former law firm saw nothing in it for them, including Amiga Inc's counter suit making any money for them.

> You know what they say about people who assume things.

Due tell.

Dammy
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 131 of 147ANN.lu
Posted by smithy on 26-Sep-2003 14:08 GMT
In reply to Comment 59 (Dom Front):
>Here you go Fabio, just earning my "right to post a view" according to
>Gabrielle and Fabios law, I will use the nickname of Dom Front in future.

Your patronising tone and your tactics of deflecting dicussion away from the topic reminds me that of AW.net staffmember DaveP/miffy.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 132 of 147ANN.lu
Posted by smithy on 26-Sep-2003 14:11 GMT
In reply to Comment 114 (Anonymous):
>Who said aincotherworldly.nut was boring?

Exactly - there are some absolutely absolutely absolutely /priceless/ quotes to be had by some people in that thread on AW.net!!!! Too many to even copy here, but it was hilarious. I am pleased though that these people have their own asylum to shout their lunatic thoughts around in, instead of doing it here and amiga.org.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 133 of 147ANN.lu
Posted by redfox on 26-Sep-2003 14:25 GMT
This thread is too deep for me ... LOL

---
redfox
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 134 of 147ANN.lu
Posted by Rich Woods on 26-Sep-2003 14:54 GMT
In reply to Comment 129 (T_Bone):
129 of 133

Posted by T_Bone (24.241.148.80) on 26-Sep-2003 15:13:07

In Reply to Comment 128:
> You know what they say about people who assume things...

Yup, they misschedule weddings. :P

--------------
Wait - that wasn't fleecy's fault - it was his brother in Laws fault!
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 135 of 147ANN.lu
Posted by Brain dead bored. on 26-Sep-2003 16:33 GMT
In reply to Comment 134 (Rich Woods):
This ........................ Is ............................ So ................................. BORING ...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 136 of 147ANN.lu
Posted by Anonymous on 26-Sep-2003 16:56 GMT
In reply to Comment 131 (smithy):
Or crazy old incompetent bag and Wanadoo user Rose Humphrey - anencephalic_crackpot.
How's the Teron sales? Managed to log in to that lunix thingy yet?

Theoretically it could be Rose's wet dream, Alan R. Then again, it's a wee bit too good English to be him.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 137 of 147ANN.lu
Posted by Don Cox on 26-Sep-2003 17:49 GMT
Ransome Love, a founder of Caldera/SCO but no longer associated with them, said this in an interview:

"You see, the challenge is building business. Litigation, no matter what side you're on, tears down businesses. Only the attorneys win. Companies should focus their energies on building their businesses, not on lawsuits. I don't see any positive outcomes."

http://www.eweek.com/article2/0,4149,1300402,00.asp
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 138 of 147ANN.lu
Posted by EyeAm on 26-Sep-2003 18:28 GMT
On the bright side:

1) This is where some wanted such things to be settled, anyway--in court, where the findings or rulings are definitive; rather than in the 'court of public opinion', hashed out across internet forums and such (which it still will be, but that becomes moot in light of the current legal proceedings).

2) Keep in mind that the current blockbuster of all OSes (in the sense of popularity) began by stumbling and outright failing with its first products, before finally gaining momentum and becoming profitable. (re: Microsoft's early beginnings).

I think Amiga will probably require yet another month before it begins to gain traction, but by mid-December should be well on its way to putting such damaging things behind it. There seem to be several important court-related deadlines coming up (I think I saw two for early October (2nd and 3rd?), and another for November).

At least there is something more to discuss in the forums these days :-)

Maybe Amiga could put a PayPal thingy on their site for contributions to a Legal Defense Fund, or general contributions (maybe they already have, I haven't checked). I suppose if Amiga had any nutcase-fanatics in its 'community', they would have all rushed to the Amiga store to buy things just to help out their idol company (or is idle?). Ok, just kidding there, but I still have to wonder where they are and if they're buying things to do that. Bumper sticker? T-shirt? Anything but what they really wanted all this time?

I hope they don't have to declare bankruptcy, but if they do they still keep the name. It's not like Thendic/Genesi will ever get it or the trademarks, intellectual property, patents, etc.

And nothing prevents Amiga, Inc. from designing a brand new OS, anytime--even separate from what Hyperion is doing for them. If things ever get to that option, I suggest:

* A 64-Bit Amiga OS built on top of an original 'exokernel' (this is what I'm building my OS on; they allow the OS to do things traditions OSes cannot)
* A LibOS (as it practically was since the 80's) to accomodate full compatability with everything Amiga, from the first programs on up to the AmigaDE, and all of it 'native' and present together. It will satisfy the 'retro market' (which can continue to grow that way) and those who don't want to leave the past behind; and it will satisfy those who DO want to leave it behind, because all of that will be within a brand new OS without the legacy constraints and problems. It should even be possible to install any previous version of Amiga OS into the new one. There are many ways to accomplish this.
* Gear it toward the 'regular PC motherboards' out there, with a keen eye toward Abit and AMD (Amiga, Abit, and AMD...AAA can't be wrong :)). But basically any PC motherboard. The company doesn't have to guarantee that it runs on motherboards other than the ones listed, but it shouldn't block the user's desire to try it on other boards.
* Add a third desktop mode to Amiga OS (a 3D mode called WorkSpace). (mine will have 4 modes). With advances in technology of the years--especially graphics chips, almost anything is possible now. And its the different creature that catches the eye of consumers. Don't just 'Think Different', BE different.

I could go on, and the lawsuit is the current thing, but Amiga does need to plan and organize some major wave-making moves. In a sense, there are no rules by which to go, considering the possibilities of computing. The trend does seem to be the formation of a new core for Desktops and Servers: 64-Bit. The 32-Bit, 16-Bit, 8-Bit, and so on...continue to move away from it and become satelliting objects and devices, yet still interacting with the core (some of them doing that, rather).

One last fact: detractors of Amiga can never hold it down. This lawsuit is as low as Amiga will ever go. Sure, they need help, but it can't die, and it's not going to for a very long time. It's the successor to the Microsoft dominance.

--EyeAm
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 139 of 147ANN.lu
Posted by Joe "Floid" Kanowitz on 26-Sep-2003 18:43 GMT
In reply to Comment 130 (dammy):
Dammy said,
> We're talking about the land of Weasels here.

Go Wolverines!

(No, I don't actually follow football. Or live in Michigan.)
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 140 of 147ANN.lu
Posted by EyeAm on 26-Sep-2003 18:51 GMT
In reply to Comment 139 (Joe "Floid" Kanowitz):
Wasn't it 'Wolverines' that was in the movie Red Dawn? :)

--EyeAm
The Green Team
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 141 of 147ANN.lu
Posted by MarkTime on 26-Sep-2003 19:06 GMT
In reply to Comment 138 (EyeAm):
@EyeAm,

Although I think you are entirely out of your mind, I for one, will at least
respect someone who will say what they beleive, you say Amiga is the next
Microsoft....good enough.

I mean, thats got crazy with a capital C written all over it, but if you
back it up with reasoned arguments, then go for it...from only what I've
read today, you are doing a fine job.

Just don't become one of these BAF'ers....OK, now about this idea,
that the legal proceedings will settle things outside the court of public
opinion.

I'm afraid not, since facts are not slowing down or confusing the BAF'ers in
any way. Now, on the other hand, if Fleecy and Raykey, finally give up the ghost so to speak, then perhaps it will give us a solution, but I don't think this one will...if Genesi wins, its just on to the next step, this isn't bankruptcy court, after all.

Now if Genesi loses, we are only in the same situation as we are today,
after all Genesi doesn't have DE, or source code, and the loss
would just mean that nothing has changed.

not sure how they will lose though, given Amiga's lawyer situation.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 142 of 147ANN.lu
Posted by JoannaK on 26-Sep-2003 20:38 GMT
In reply to Comment 99 (Anonymous):
Well. My original comment was towards those obvious trash-'news'
posted to Ann.lu in last week.. Even on good times there are allways
some nonsense, but in last days number of those threads have been
alarmingly high..

For this thread.. Have to say, can't remeber those early ones to
comment them.. and not too keen to read them again :)
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 143 of 147ANN.lu
Posted by EyeAm on 26-Sep-2003 23:15 GMT
In reply to Comment 141 (MarkTime):
>Although I think you are entirely out of your mind,

Not really a good way to be taken seriously, nor a good sentence to start out with. :) Please consider how you are taken before you launch into personal attacks--usually, they only result in bad threads, wholly unproductive and non-informative. It does the community no good.

>I mean, thats got crazy with a capital C written all over it,

That's a little better (although still non-specific)--yet more acceptable to me, because you focus on the post and its content and not the person. I find this to be no problem, and have often run into people thinking my ideas are whacked, until they actually work and remove doubt. If it was regarding 'exokernels', I've studied those in the recent past, compared to 'microkernels', and the former is relatively new, the idea having been developed at MIT. I know of less than 5 OSes out there using exokernels, and know of no others--and none of them are commercial (yet). The structure still allows for resource protection (kernel level), but separates it from resource management, which is handled at user level. Something to look into, considering Amiga's currently Library scheme ;-)

>but if you
>back it up with reasoned arguments, then go for it...from only what I've
>read today, you are doing a fine job.

I take this as a compliment, and thank you. I rarely make a post that isn't reasoned.

>Just don't become one of these BAF'ers....OK, now about this idea,
>that the legal proceedings will settle things outside the court of public
>opinion.

I have no idea about what "BAF'ers" are, so cannot comment. I must've missed that term somewhere. If it's in reference to anything like Amigan, I haven't considered myself 'Amigan' since about April 2001.

>I'm afraid not, since facts are not slowing down or confusing the BAF'ers in
>any way. Now, on the other hand, if Fleecy and Raykey, finally give up the >ghost so to speak, then perhaps it will give us a solution, but I don't think >this one will...if Genesi wins, its just on to the next step, this isn't >bankruptcy court, after all.

The solution has to include greater organization, intiative to get things done--even when money is tight, or when dealing with a shoestring budget, and planning exactly what needs to be done via very clear goals. One cannot achieve without goals. They just need to figure out what they want to deliver, and go after exactly that. By comparison to what I have seen over the years, with my own experiences getting into programming and working on an operating system, I don't understand what the problem is and why things move so slowly for them--especially when the pool of resources and programming knowledge is greater on Amiga's side than mine. If I am able to do it, and with next to nothing in budget, I *KNOW* they can do it more easily. I never understood what the hold-up was, nor why it just didn't seem like they were having any fun. It's been an adventure for me. It'll be interesting to see who gets theirs done first. :) (And yes, I know the OS is outsourced to Hyperion, but Amiga still has to be doing something--I don't know what. Organizing? Amiga OS 5.0?)

>Now if Genesi loses, we are only in the same situation as we are today,
>after all Genesi doesn't have DE, or source code, and the loss
>would just mean that nothing has changed.

I kind of figured that. I also figure that, if Genesi win, they could also wind up losing if Amiga decides to cancel the AmigaDE for any reason (suddenly, MorphOS/Pegasos wouldn't have a supported AmigaDE product, and could not legally enhance it or continue it). It could be seen as retaliation or being vindictive if Amiga did that, but perfectly understandable at any rate.

>not sure how they will lose though, given Amiga's lawyer situation.

Such things could produce a window for creating more TIME for Amiga (i.e., "You're Honor, since our lawyers have left, we need more time to acquaint any new lawyer with the specifics of the case and to bring the new one up to speed.." etc.), delaying proceedings for awhile and basically buying time. I don't know how far along things are, really, so that may not really do anything; but then again, it could help. So, the lawyer leaving could be of benefit on some levels. Time will tell.

--EyeAm
"Keep It Simple. Keep It Real. Keep It FUN."
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 144 of 147ANN.lu
Posted by Anonymous on 27-Sep-2003 00:37 GMT
In reply to Comment 49 (Gabriele Favrin):
>Learn from adults.

ROTFL!!! Look who's talking
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 145 of 147ANN.lu
Posted by gz on 27-Sep-2003 09:09 GMT
In reply to Comment 143 (EyeAm):
"Keep It Simple. Keep It Real. Keep It FUN."


Funny, that contradicts of what computing on amiga has become. Not to mention what it's like to be part of the community :D

It's far from simple, especially far from REAL and definitely not fun anymore.

But I have to say it has somekind of masochistic appeal, otherwise I wouldn't still be here.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 146 of 147ANN.lu
Posted by EyeAm on 28-Sep-2003 03:16 GMT
In reply to Comment 145 (gz):
It's the general motto for my OS project.
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 147 of 147ANN.lu
Posted by naskali on 28-Sep-2003 12:59 GMT
In reply to Comment 145 (gz):
I have to agree.
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