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[News] Nova Design Obtains a Judgement of $270,000 against Ryan E. A. CzerwinskiANN.lu
Posted on 13-Oct-2003 06:03 GMT by Rich Woods108 comments
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After quite some time the court case of Nova Design vs. Ryan E. A. Czerwinski has been concluded with a default judgement.

Nova Design has obtained a judgement of $270,000 against Ryan E. A. Czerwinski. After quite some time the court case of Nova Design vs. Ryan E. A. Czerwinski has been concluded with a default judgement.

Nova Design has obtained a judgement of $270,000 against Ryan E. A. Czerwinski.

The judgement with interest and costs are now approx. $335,000+.

Court documentation can be found at merlanciabk

Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 1 of 108ANN.lu
Posted by James Carroll on 13-Oct-2003 04:07 GMT
Who is Ryan E. A. Czerwinski and what did he do to Nova Design?
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 2 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 04:09 GMT
In reply to Comment 1 (James Carroll):
Ryan is the "owner" of Merlancia Industries.

As opposed to going thru a long story read the court docs.

20 years old and has over 400K in jugements.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 3 of 108ANN.lu
Posted by Anonymous on 13-Oct-2003 04:16 GMT
In reply to Comment 2 (Rich Woods):
and I thought my student loans were bad.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 4 of 108ANN.lu
Posted by EyeAm on 13-Oct-2003 04:38 GMT
In reply to Comment 2 (Rich Woods):
I bet Dave Haynie will be glad to hear this one. :)

Here comes another long thread.

--EyeAm
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 5 of 108ANN.lu
Posted by Anonymous on 13-Oct-2003 04:43 GMT
I bet Ryan could _really_ use that $100,000.00 Amiga Inc. still owes him, right about now!
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 6 of 108ANN.lu
Posted by EyeAm on 13-Oct-2003 04:47 GMT
In reply to Comment 5 (Anonymous):
Yeah, so he could pay Dave haynie about $75,000.00 of it (plus interest) :P
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 7 of 108ANN.lu
Posted by Anonymous on 13-Oct-2003 05:25 GMT
In reply to Comment 5 (Anonymous):
Owes him? for what? I don't remember any deals regarding the AmigaDE (which is the only thing AInc is selling right now) and Merlancia...
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 8 of 108ANN.lu
Posted by Anonymous on 13-Oct-2003 05:30 GMT
In reply to Comment 6 (EyeAm):
Yep, that kid is the real con artist here. I really feel sorry for Dave Haynie, getting suckered in like that. It just goes to show how much of a rat bastard little Ryan is, claiming to be an amiga fan while at the same time shafting one of the guys who helped to create it. So what happens if the little insect can't cough up? jail time? I doubt they can get that kind of money from selling the junk they had at "Merlancia Inc"
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 9 of 108ANN.lu
Posted by Madgun68 on 13-Oct-2003 05:32 GMT
In reply to Comment 2 (Rich Woods):
I get a permission denied when I try to view anything.

Can't someone give a brief synopsis of what transpired?
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 10 of 108ANN.lu
Posted by Anonymous on 13-Oct-2003 05:32 GMT
So Rich, any new news (english is such an amusing lanuage :) about AInc? last I heard their lawyers up and left, is that the latest episode in the saga?
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 11 of 108ANN.lu
Posted by Don Cox on 13-Oct-2003 05:41 GMT
In reply to Comment 7 (Anonymous):
"Owes him? for what?"

Ryan lent Amiga Inc $100,000
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 12 of 108ANN.lu
Posted by Amon_Re on 13-Oct-2003 05:46 GMT
In reply to Comment 11 (Don Cox):
When? I don't recall any about this

Cheers
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 13 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 05:49 GMT
In reply to Comment 10 (Anonymous):
Posted by Anonymous (4.33.151.136) on 13-Oct-2003 07:32:43

So Rich, any new news (english is such an amusing lanuage :) about AInc? last I heard their lawyers up and left, is that the latest episode in the saga?

-------------------
Don't know - haven't checked. The only thing that could HAVE to happen is billyboy get new attorneys - he cannot represent himself or as the head of Amiga (CEO) without an attorney licensed to practice in Federal courts.

Seeing that the attorneys would want a large retainer (based upon past records) and would have to spend quite a bit of time going thru all the court docs and info - it would cost plenty.

Any money coming in from any OS4.0 sales or royalties etc would be attached to pay past judgements.

They would need around 1/2 mil to bail themseelves out of the hole they are in.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 14 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 05:51 GMT
In reply to Comment 11 (Don Cox):
Posted by Don Cox (Trusted user) on 13-Oct-2003 07:41:09

In Reply to Comment 7:
"Owes him? for what?"

Ryan lent Amiga Inc $100,000
----------------
This 100K was the money the Merlancia crew tried to con me out of.

I tried warning certain individuals but alas too many bought the story and hype.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 15 of 108ANN.lu
Posted by T_Bone on 13-Oct-2003 05:55 GMT
In reply to Comment 12 (Amon_Re):
> When? I don't recall any about this

This is old news, thought everyone knew about this.
Ryan lent Amiga a Hundred Grand to cover wages/rent/whatever in early 2001, supposedly was supposed to be paid back in 3 months, but financing didn't come through.
Been so long now I probably have the date/details wrong though.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 16 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 05:57 GMT
In reply to Comment 12 (Amon_Re):
Posted by Amon_Re (Trusted user) on 13-Oct-2003 07:46:20

In Reply to Comment 11:
When? I don't recall any about this

Cheers
-------------
See merlancia.us - where I subpoened the Amiga-Ryan "loan" agreement. Of course I knew they'd never appear in court but I did what I had to do.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 17 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 06:18 GMT
In reply to Comment 15 (T_Bone):
Posted by T_Bone (24.241.148.80) on 13-Oct-2003 07:55:47

In Reply to Comment 12:
> When? I don't recall any about this

This is old news, thought everyone knew about this.
Ryan lent Amiga a Hundred Grand to cover wages/rent/whatever in early 2001, supposedly was supposed to be paid back in 3 months, but financing didn't come through.
Been so long now I probably have the date/details wrong though.
------------------
Ryan and Christina both called me (after not having contact with them for 2.5 months) in Nov 2001 (5:20-5:25 PM on Nov 5th or 6th 2001)

I was "offered" 100% interest on a 100K loan to be paid back within 90 days at 100% interest backed by their "alledged" inventory of 2-3 million. (Funny the same kind of figure of Amiga's loss from the German warehouse!).

Of course only a fool would put $100K into the hands of a 18 year old kid. If a business had that kind of inventory - they would go to a bank and borrow the piddling (!) 100K - at a LOT less interest.

It was a con from the get go.

So on or around Dec 16th (going my my memory of events) a check (NOT a corporate check) was sent out to Amiga that bounced. Shortly after sending out the check Merlancia's World Headquarters had a "breakin" (a comman occurance at West Cactus Ave Store when "problems arose"!) and Christina tried to abort the check being cashed.

It bounced, was later made good. Reference to this is in billyboy's Amiwest 2002 "speech" when he mentioned a company that bounced 2 large checks (also the Walker design check of $70K

Of course this financing was probebly billyboy's next "round of funding" that has been happening I guess 2 years or better.

So basically you had 2 cons trying to outcon each other.

Of course billyboy HAD to know Ryan was just a kid - but I guess since Ryan coughed up money for the case designs billyboy figured he'd milk Ryan for all he was worth.

<A HREF="http://www.merlancia.us/merlanciabk/ryanmcewen.jpg">Talk The Talk</A>

Copyright notice given to the individual who took/posted this pic.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 18 of 108ANN.lu
Posted by T_Bone on 13-Oct-2003 06:25 GMT
In reply to Comment 17 (Rich Woods):
Bill insinuated he knew who stole the german inventory, did he mean Ryan all along? Supposedly Ryan "confiscated" the german inventory because Amiga never paid back the loan?

Somebody *HAS* to write a book. Makes "Pirates of Silicon Valley" look absolutely DULL by comparison.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 19 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 06:36 GMT
In reply to Comment 18 (T_Bone):
Posted by T_Bone (24.241.148.80) on 13-Oct-2003 08:25:35

In Reply to Comment 17:
Bill insinuated he knew who stole the german inventory, did he mean Ryan all along? Supposedly Ryan "confiscated" the german inventory because Amiga never paid back the loan?
-------------------
Bill DIDN'T insinuate anything - here is his quote - he was quite DEFINATE in his choice of words......


Speech at AmiWest - July

And now we've got some other issues. And I'm gonna bring them up to all
you guys to let you know there's a change happening in Amiga. Amiga is
being ripped off. It has been ripped off since before I got here and
during the time. We have people who have stolen our Intellectual Property,
we have people who write us very large checks that are no good, we have
people who publicly go out and lie about us, and we've been very patient,
we've sat back, we've allowed them to say what they wanna say without
rebuttal, you haven't seen us out there, on the web boards and message
boards saying things. We have a situation creating an Amiga museum, with a
lot of hardware that was ours that we owned that was in Germany. We went
to go get it. The warehouse was empty. Pallets and pallets of our product
had been stolen. Now, we know who has it, we're not gonna... that's...
we're not here to point fingers or names or let people know, we even know
where it is. We also know this other group that's gonna make an
announcement they're making a museum, Well, guess what, that's our stuff.
We paid for it. We paid millions of dollars for this. And while we sat
back, we tried to be the nice guy and tried to work through these issues,
we have product... we have people out there right now using our
trademarks, using our boing ball, using the Amiga name without authority,
and again, we've been the nice guys. We look at them, say "hey, please
stop", "please stop", "hey, we asked you nicely, stop!" Well, guess what,
I'm tired of it. I know you're tired of it because you guys send me
e-mails. I get a counselling from you guys saying "did you see this, did
you see that?", and we send them a very nice note. Well, notice is now
given. Making it very clear, as of September 1st, 2002, that's your
decision day, you either get legal or we will shut you down. Nobody is
gonna steal from us any further. We have out there people using our source
code, illegally, and that steals from everything we're trying to do.
People have got our hardware, that's gonna stop. The lawyers are lined up,
they're fully paid, and they're waiting. So this is public notice, we're
not gonna say who these people are, there's software out there right now
that is illegal. People have paid for software that is illegal. We're not
gonna come after any one of you, this is not your problem, it's our
problem, and now I have taken it extremely personally. So when you see
people out there saying things on message boards that are lies, I'm coming
after them. I'm sick of it. I haven't spent two years of my life, and all
the money I've ever had, to sit here and deal with these... this nonsense.
They have people stand publicly and... and blaspheme one and other out
there, only catch us in the middle, never again folks. So if you're one of
these people, you'd better have a signed contract that's legal with us,
because as of September 1st you will be served. And we're not serving fun
here, we will shut you down. I will shut down your company. Because
you've violated our IP, you have harmed Amiga, and you've done nothing but
screw with every person in this room by lying. So I'm making it clear...
I hope... Does anyone not understand what I just said? How many people
understand what I just said? [faint applause] OK, it's time to get...
It's time to get ugly. I was just meeting with a friend of ours in the
military, he says "so what you're saying is 'take no prisoners'?" I said
"yeah, this is gonna be war done". Because there... Enough of this, we're
done.

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

When he mentioned the case that was not able to be opend Ryan shoouted "The key was in the case" - this can be clearly heard on the tape I have of the speech.


Somebody *HAS* to write a book. Makes "Pirates of Silicon Valley" look absolutely DULL by comparison.

One reason why The World of Merlancia, LLC is incorporated here in AZ.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 20 of 108ANN.lu
Posted by John on 13-Oct-2003 06:39 GMT
"We went to go get it. The warehouse was empty. Pallets and pallets of our product had been stolen"

lol Amiga Inc deserved that.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 21 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 06:40 GMT
In reply to Comment 18 (T_Bone):
Posted by T_Bone (24.241.148.80) on 13-Oct-2003 08:25:35

In Reply to Comment 17:
Bill insinuated he knew who stole the german inventory, did he mean Ryan all along? Supposedly Ryan "confiscated" the german inventory because Amiga never paid back the loan?

Somebody *HAS* to write a book. Makes "Pirates of Silicon Valley" look absolutely DULL by comparison.
------------
Opps forgot to mention - Ryan and Christina around June-July 2001 tried to get me to find and help buy a warehouse (knowing I had a real estate background).

Christina actually thought Ryan at 18 could just go out and buy a warehouse - she is totally naive and has absolutely not even the basic knowledge of general everyday financial situations.

So this was approx 6 months before the Amiga "loan".

I did make a FOIA request to US Customs but unfortunately the gov't is slow to respond!
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 22 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 06:46 GMT
In reply to Comment 18 (T_Bone):
Posted by T_Bone (24.241.148.80) on 13-Oct-2003 08:25:35

In Reply to Comment 17:
Bill insinuated he knew who stole the german inventory, did he mean Ryan all along? Supposedly Ryan "confiscated" the german inventory because Amiga never paid back the loan?

Somebody *HAS* to write a book. Makes "Pirates of Silicon Valley" look absolutely DULL by comparison.
----------------
Sheesh I'm just full of info!

As far as the inventory these 2 pictures (taken on the day of the great move out) might prove interesting.

http://www.merlancia.us/merlanciabk/truckangle.jpg

2 trucks unloading "inventory" from their Cactus st store - mighty odd angle for trucks to park at - it almost looks like they have something to hide!

http://www.merlancia.us/merlanciabk/chrissypallet.jpg

There are stacks of pallets visible in the background - looks like a forklift or a power lift had to be used to stack them.

Gee - the thought just struck me!
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 23 of 108ANN.lu
Posted by T_Bone on 13-Oct-2003 06:47 GMT
In reply to Comment 19 (Rich Woods):
> When he mentioned the case that was not able to be opend Ryan shoouted "The key
> was in the case" - this can be clearly heard on the tape I have of the speech.

!!!!!!!!!
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 24 of 108ANN.lu
Posted by Emeric SH on 13-Oct-2003 07:00 GMT
"I said "yeah, this is gonna be war done". Because there... Enough of this, we're
done."

the Gods had told him if he waged a war on Cyrus, he would end a mighty empire. Croesus misunderstood it and did not ask again which Empire he would destroy
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 25 of 108ANN.lu
Posted by John on 13-Oct-2003 07:05 GMT
"The lawyers are lined up, they're fully paid, and they're waiting."

How times soon change :o)
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 26 of 108ANN.lu
Posted by Anonymous on 13-Oct-2003 07:31 GMT
In reply to Comment 19 (Rich Woods):
Never really saw this speech transcript before... What a load of bull. Not a single "promise" has been kept. Not a single "villan" served.

"We have out there people using our source code, illegally, and that steals from everything we're trying to do."

Who was/is using the source code? Proof?

"People have got our hardware, that's gonna stop."

Who stole it? Why didn't they get the hw back? No proof?

"The lawyers are lined up, they're fully paid, and they're waiting."

Last time I checked the lawyers are rather abadoning the ship. So you paid your layers for few years for doing nothing. Good investment.

"So this is public notice, we're not gonna say who these people are, there's software out there right now that is illegal."

Right, there is quite obvious reason why no names were given. Obviously you didn't name anyone since your threat were all warm air, and you were scared to get sued yourself instead. Also, this gave your followers some FUD-ammo against your competition, whoever that would be. This is the oldest trick in the book, and it WILL and DID backfire when not backed up with action.

"People have paid for software that is illegal. We're not gonna come after any one of you, this is not your problem, it's our problem, and now I have taken it extremely personally."

What software?

"So when you see people out there saying things on message boards that are lies, I'm coming after them."

Very effectively, I see.

"I'm sick of it. I haven't spent two years of my life, and all the money I've ever had, to sit here and deal with these... this nonsense. They have people stand publicly and... and blaspheme one and other out there, only catch us in the middle, never again folks."

Oh my.

"So if you're one of these people, you'd better have a signed contract that's legal with us, because as of September 1st you will be served. And we're not serving fun here, we will shut you down. I will shut down your company."

Speaking of empty threats...

This is the most bullshit I've ever read. Good riddance, these people should not be allowed to cross a road, not to even mention run a business.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 27 of 108ANN.lu
Posted by T_Bone on 13-Oct-2003 07:36 GMT
In reply to Comment 26 (Anonymous):
> "People have paid for software that is illegal. We're not gonna come after any
> one of you, this is not your problem, it's our problem, and now I have taken it
> extremely personally."
>
> What software?

AmigaOS-3.9

Amiga recieved no royalties, not one dime, from H&P

Or from AmigaXL, not one dime, from H&P
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 28 of 108ANN.lu
Posted by Emeric SH on 13-Oct-2003 07:43 GMT
In reply to Comment 27 (T_Bone):
"AmigaOS-3.9"

AmigaOS 3.9 is illegal then?
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 29 of 108ANN.lu
Posted by T_Bone on 13-Oct-2003 07:53 GMT
In reply to Comment 28 (Emeric SH):
AOS-3.9, Amithlon, AmigaXL, all unlicensed.

H&P paid nothing.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 30 of 108ANN.lu
Posted by Wayne Hunt on 13-Oct-2003 08:07 GMT
In reply to Comment 29 (T_Bone):
@T_bone

I would LOVE to see H&P's contracts with Amiga Inc. If current situations are any indication, chances are that H&P didn't actually owe them Amiga Inc any money for any of it.

Wayne
(speaking personally)
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 31 of 108ANN.lu
Posted by Wayne Hunt on 13-Oct-2003 08:16 GMT
In reply to Comment 30 (Wayne Hunt):
To Kermit Woodall (Nova Design), Good luck sir. It'd be great to see you actually get that money.

Wayne
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 32 of 108ANN.lu
Posted by T_Bone on 13-Oct-2003 08:17 GMT
In reply to Comment 30 (Wayne Hunt):
For OS3.9, I'd believe it, Amiga had written off "Classic Amiga's" at that point anyway, and it's likely they said "port it and sell it, we're busy with DE" or something similar.

Amithlon/AmigaXL was an outrage however. Liberties were clearly assumed in this case.

That whole speach Bill Mcewen gave ended like this in almost every case he mentioned...
"We'd like to sue them/call the police/etc, but we owe them money, damnit!!"
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 33 of 108ANN.lu
Posted by Emeric SH on 13-Oct-2003 08:42 GMT
"That whole speach Bill Mcewen gave ended like this in almost every case he mentioned...
"We'd like to sue them/call the police/etc, but we owe them money, damnit!!""

Owing money to someone is no objection to sue them/call the police if they did something unlawful to you.

To be a bit harsh, even if you owe to the landlord you don't have to let him beat you half dead. You can call the police.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 34 of 108ANN.lu
Posted by T_Bone on 13-Oct-2003 09:14 GMT
In reply to Comment 33 (Emeric SH):
> To be a bit harsh, even if you owe to the landlord you don't have to let him beat you half dead. You can call the police.

As far as I know, Ryan hasn't sued Amiga for payment. If the landlord isn't threatening eviction, you could just take the beating and not call the police and continue to be in debt to the landlord. :D

Idonno. I'll wait for the paperback :) Petro's planned book about Amiga would be a HELL of a lot more interesting if he had stuck around a few years longer :D
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 35 of 108ANN.lu
Posted by Lando on 13-Oct-2003 09:41 GMT
This whole thing is just begging to have a movie made about it. Intrigue, mystery, secret deals, it's got it all.

Who can we get to play McEwen...?
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 36 of 108ANN.lu
Posted by T_Bone on 13-Oct-2003 09:49 GMT
In reply to Comment 35 (Lando):
Jon Lovitz
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 37 of 108ANN.lu
Posted by Anonymous on 13-Oct-2003 09:58 GMT
Surely this doesn't mean the MCC isn't coming out?? :D

I sent in a reservation request as well!
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 38 of 108ANN.lu
Posted by Emeric SH on 13-Oct-2003 10:07 GMT
In reply to Comment 37 (Anonymous):
"I sent in a reservation request as well!"

Now, there was someone using the opportunity? That's NEWS, big time. :)
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 39 of 108ANN.lu
Posted by Don Cox on 13-Oct-2003 10:14 GMT
In reply to Comment 27 (T_Bone):
"Amiga recieved no royalties, not one dime, from H&P"

I would like to hear H&P's side of this. They may well be bad boys, but they may also have had a reason for witholding payment.

For example, did Amiga Inc agree to buy the new code from them?
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 40 of 108ANN.lu
Posted by Matt Parsons on 13-Oct-2003 10:31 GMT
In reply to Comment 35 (Lando):
>>>>>>>>>>>>>>>>>>>>>>>>>>>>
This whole thing is just begging to have a movie made about it. Intrigue, mystery, secret deals, it's got it all.

Who can we get to play McEwen...?
<<<<<<<<<<<<<<<<<<<<<<<<<<<<

Jerromey Beedle... he can also play David Plesants too!!! ;)
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 41 of 108ANN.lu
Posted by Bernie Meyer on 13-Oct-2003 10:33 GMT
In reply to Comment 30 (Wayne Hunt):
Can't speak for 3.9, but in the case of Amithlon/AmigaXL, there simply *is* no contract --- which is the whole crux of the matter.I have, however, heard of a number of cases in which H&P played fast and loose with license payments regarding mostly OS 3.9 contributions. Certainly not a company I would recommend for distributing anything.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 42 of 108ANN.lu
Posted by Ann on 13-Oct-2003 15:27 GMT
In reply to Comment 8 (Anonymous):
"Yep, that kid is the real con artist here. I really feel sorry for Dave Haynie, getting suckered in like that. It just goes to show how much of a rat bastard little Ryan is, claiming to be an amiga fan while at the same time shafting one of the guys who helped to create it. So what happens if the little insect can't cough up? jail time? I doubt they can get that kind of money from selling the junk they had at "Merlancia Inc" "

All I can say to this news is WOW! Maybe Nova could take the MCC & Walker designs back for say $10,000 off the total owed.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 43 of 108ANN.lu
Posted by Ann on 13-Oct-2003 15:31 GMT
In reply to Comment 17 (Rich Woods):
" I was "offered" 100% interest on a 100K loan to be paid back within 90 days at 100% interest backed by their "alledged" inventory of 2-3 million. (Funny the same kind of figure of Amiga's loss from the German warehouse!). "

Now this is the real story....do tell
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 44 of 108ANN.lu
Posted by Ann on 13-Oct-2003 15:38 GMT
In reply to Comment 20 (John):
""We went to go get it. The warehouse was empty. Pallets and pallets of our product had been stolen"

lol Amiga Inc deserved that."

No one deserves to be stolen from. If this story is true then it puts a new light on AI's problems. They could have sold some of this stuff off and paid some of their US bills off.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 45 of 108ANN.lu
Posted by Ann on 13-Oct-2003 15:43 GMT
In reply to Comment 28 (Emeric SH):
"AmigaOS 3.9 is illegal then? "

Well that might be a problem as its on the Amiga site.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 46 of 108ANN.lu
Posted by Ann on 13-Oct-2003 15:44 GMT
In reply to Comment 31 (Wayne Hunt):
"To Kermit Woodall (Nova Design), Good luck sir. It'd be great to see you actually get that money.

Wayne "

Might be a good idea to hire a good PI or maybe get Rich as a start.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 47 of 108ANN.lu
Posted by Coder on 13-Oct-2003 15:47 GMT
In reply to Comment 35 (Lando):
Well, John Goodman would do a great job playing to be Bill McEwen.

Coder
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 48 of 108ANN.lu
Posted by Ann on 13-Oct-2003 15:53 GMT
In reply to Comment 41 (Bernie Meyer):
"Can't speak for 3.9, but in the case of Amithlon/AmigaXL, there simply *is* no contract --- which is the whole crux of the matter."

Well that's easy......the parties pull in Petro under oath for a depo. He was the man in charge there for many years. Has to be done in such a way for him to be caught of guard and not know what he is being deposed "really" for.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 49 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 15:55 GMT
In reply to Comment 44 (Ann):
Posted by Ann (68.104.37.252) on 13-Oct-2003 17:38:16

In Reply to Comment 20:
""We went to go get it. The warehouse was empty. Pallets and pallets of our product had been stolen"

lol Amiga Inc deserved that."

No one deserves to be stolen from. If this story is true then it puts a new light on AI's problems. They could have sold some of this stuff off and paid some of their US bills off.
------------------
Which brings into question why if Amiga knows where the products are and who has them hasn't recovered them and prosecuted the persons involved.

A company is virtually bankrupt with 2-3 million in inventory and nothing is done.

Certainly Amiga knows who had access to the warehouse (key and security control). Fork lifts had to be used to move out all of that merchandise - it took a while for all of that loading.

And with the pictures of the German "warehouse" on merlancia.us - we now know the warehouse is no more.
Nova Design Obtains a Judgement of $270,000 against Ryan E. A. Czerwinski : Comment 50 of 108ANN.lu
Posted by Rich Woods on 13-Oct-2003 16:20 GMT
In reply to Comment 48 (Ann):
In Reply to Comment 41:
"Can't speak for 3.9, but in the case of Amithlon/AmigaXL, there simply *is* no contract --- which is the whole crux of the matter."

Well that's easy......the parties pull in Petro under oath for a depo. He was the man in charge there for many years. Has to be done in such a way for him to be caught of guard and not know what he is being deposed "really" for.
---------------------
Any depo you can be caught off guard - anything and everything is pretty much fair game at a depo (just like court room testimony).

And deposing Petro would cost a small fortune - he would most likely have to be deposed where he is and alawyer, court reporter n a foreign country and serving him papers etc.
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