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[News] Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA!ANN.lu
Posted on 17-Oct-2003 21:36 GMT by Rich Woods215 comments
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Both Thendic and Amiga's Attorney's have stipulated a new trial date for the Thendic-Amiga trial. (March 1, 2004) Judge Lasnik has GRANTED a stipulation by both Thenidc and Amiga's attornies for a new trial date of March 1, 2004.

This effectively puts things back to square one. Amiga's OLD attorney's are now hadnling the legal matters.

It would seem Amiga must have had to come up with a LOT of cold, hard cash to get their attornies willing to handle the case again.

One of the docs includes a letter to billyboy that he is required to have a licensed attorney represent a corporation in a Federal court case.

Apparently billyboy as CEO of a corporation, wasn't aware of this basic fact.

28 MOTION for Judgment and Dismissal of Counterclaims for Lack of Representation by Plaintiffs Genesi Sarl, Thendic Electronics Components. Noting Date 10/31/2003. (Attachments: # 1 Note for Motion; # 2 Text of Proposed Order)(AF, ) (Entered: 10/15/2003)

10/08/2003

29 DECLARATION of Richard Hughes filed by Plaintiffs in support of 28 MOTION for Judgment and Dismissal of Counterclaims for Lack of Representation. (AF, ) (Entered: 10/15/2003)

10/14/2003

30 STIPULATION AND ORDER RESETTING CASE SCHEDULE AND TRIAL: Bench Trial set for 3/1/2004 before Hon Robert S. Lasnik. Discovery due by 11/21/2003; Dispositive motions due by 12/9/2003; Deadline to hear dispositive motions is 1/2/2004; 39.1 Settlement Report due by 2/9/2004; Pretrial Order due by 2/18/2004; Settlement conference to be held by 1/6/2004; Trial briefs and exhibits to be submitted by 2/25/2004; by Judge Robert S. Lasnik. (AF, ) (Entered: 10/15/2003)

10/15/2003

  Diana S Shukis, attorney for Defendant, reset to receive noticing. Stipulation and Order Resetting Case Schedule and Trial 30 mailed to counsel. (AF, ) (Entered: 10/15/2003)

OFFICIAL Court documents are to be found Stipulation MotionDIsmiss Judgement1 Judgement2 DecHughes

Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 101 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 09:12 GMT
In reply to Comment 96 (Rich Woods):
If you look at my response about this, and that page/URL, you can clearly see that since you seemed to be offering a statement contradictory to what I reasonably know (from having seen the picture, the tag, and the statement by the photographer that it *is* Bill McEwen's truck and plate), you can see how I arrived at this conclusion.

Now, one might question whether you are referring to "Bill McEwen", CEO/President of Amiga, Inc., when you state 'billyboy'. Are you? :)

And yes, I see the #3 on that tag, and did wonder about the possibility of it belong to another Amiga employee (like, 3rd in line), but wasn't sure. This seems to be a vanity plate, which in many States are offered in place of regular issued (for fee) plates.

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 102 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 09:13 GMT
In reply to Comment 94 (EyeAm):
Posted by EyeAm (68.59.90.76) on 18-Oct-2003 11:01:04

In Reply to Comment 90:
>So since you have legal experience according to you - at what point in a
>proceeding would you bring up the defense of fraud if in fact it was the
>essential argument you would use in defending yourself in a contract dispute?

At the moment of *discovery*, and well within the *statute of limitations*. :)

[Your condescending statements snipped and ignored]

I guess your legal experience left much to be desired.

You would bring up essential elements of fraud in defending a suit in your pleadings and answers. Not in a deposition (although the content could include your defenses), and I think you don't know what discovery is.

Discovery is what documents and evidence the opposing party will be using against you.

So according to your line of thinking during the "moment" (!) of "discovery" you would then use the defense of fraud? (And of course well within the statue of limitations!)

GUFFAW - your BS doesn't wash - you have no idea what you are talking about.

Sorry pal - try it on another.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 103 of 215ANN.lu
Posted by Anonymous on 18-Oct-2003 09:13 GMT
In reply to Comment 100 (EyeAm):
> Um...excuse me? "lying" about what?

Studying Law. He says you have NO degree in Law, and you've NEVER studied it.
Maybe he's lying, I guess it's possible.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 104 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 09:15 GMT
In reply to Comment 87 (Rich Woods):
"Are you saying that billyboy signed a contract and did not have his err "legal department" review it?"

I think the contract was deceptive in that it was presented as being only for PDAs etc, and McEwen was incompetent in signing it without checking (or getting somebody to check) the full implications of the wording.

I think the court case is mischievous as Genesi will derive no technical benefit from a port of the DE. IMO there are hundreds of things that are more worth having in a computer OS than a port of Amiga's DE. So I conclude that the case was brought not to obtain a port (which in any case would be done by Tao, not Amiga Inc) but to embarass Amiga Inc and as retaliation for the threats of court action over "stolen code".
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 105 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 09:20 GMT
In reply to Comment 102 (Rich Woods):
>Discovery is what documents and evidence the opposing party will be using
>against you.

It is also in the dictionary relating to finding out something you did not know before. :)

I am nonplussed by your attempts. Carry on your personal tirade all you like. I know where things sit. You can hate Amiga all you like, but at the end of the day (as in, when all of the truth comes out), Amiga will still be standing and its detractors (you) left with proverbial egg on their faces.

You can't destroy it. :-)

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 106 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 09:20 GMT
In reply to Comment 99 (Amon_Re):
Posted by Amon_Re (Trusted user) on 18-Oct-2003 11:06:37

In Reply to Comment 43:
Why not follow a *big* company then? Like Micro$oft? (Ok, judging from their track record you'd probably go bankrupt from getting all those documents ;P)

Because I figure Amiga will go after MS once they get the big MS shaft!


What bothers me most is the tone of your posts, just by typing the names properly you'd get alot less crap thrown into your direction, i think. Going on by calling Bill Mcewan billyboy makes it sound asif it's personal, and reflects a very negative image upon you.

billyboy has also been used in describing bill gates. Negative image on me? Doesn't bother me what people think of me using that term. And it is used to desribe the immature, childish and other personifications of mcewen in my eyes. A charlatan, a buffon, a criminal (according to WA statues) and a fraud.

I guess billyboy will sue me for defamation of character?

Just afew toughts, do with them as you please :)

Cheers

I can appreciate your thoughts. But then billyboy has a lot more to worry about than how I address him.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 107 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 09:24 GMT
In reply to Comment 103 (Anonymous):
>In Reply to Comment 100:
>> Um...excuse me? "lying" about what?

>Studying Law. He says you have NO degree in Law, and you've NEVER studied it.
>Maybe he's lying, I guess it's possible.

Of course I don't have a degree in law. I have, however, studied it; and did take a course in Business Law. Of course, the state of public education leaves some things to be desired, I do have a mind of my own, and quite a high I.Q.

I do well enough to point Amiga in the right direction, hopefully enough to obliterate their haters into the next millenium :-) Curses upon those who attempt to go after Amiga, Inc.--may you fail in everything you touch. In the end, you'll be asking Amiga to lead, because you won't be able to do it on your own.

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 108 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 09:30 GMT
In reply to Comment 101 (EyeAm):
Posted by EyeAm (68.59.90.76) on 18-Oct-2003 11:12:01

In Reply to Comment 96:
If you look at my response about this, and that page/URL, you can clearly see that since you seemed to be offering a statement contradictory to what I reasonably know (from having seen the picture, the tag, and the statement by the photographer that it *is* Bill McEwen's truck and plate), you can see how I arrived at this conclusion.
-------------
Assuming facts not in evidence, huh counselor! I thought you said you had legal experience? Have your run a DMV request to see who the WA state plate "Amiga" is registered to? That would provide "proof". But the point is rather moot - as I'll STIPULATE that the plate DOES belong to billyboy and via hearsay information he did have the AMIGA plate registered to his truck.


Now, one might question whether you are referring to "Bill McEwen", CEO/President of Amiga, Inc., when you state 'billyboy'. Are you? :)

You're thinking - yes I am.


And yes, I see the #3 on that tag, and did wonder about the possibility of it belong to another Amiga employee (like, 3rd in line), but wasn't sure. This seems to be a vanity plate, which in many States are offered in place of regular issued (for fee) plates.

-----------------
Congratulations - you have pretty much answered your own questions.

Although the 3 is a registration sticker denoting the year of the current registration.

The Amiga plate WAS billyboy's (or to be more precise mcewen's). This was confirmed on June 21, 2003 in speaking to billyboy's neighbor. He was told by billyboy that the plate caused so many problems for him he took it off the truck.

Pictures of billyboy's house, truck and plate are in the amigabk directory - which alas you no longer have access to.

But I don't want to have you see things that are disturbing to you.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 109 of 215ANN.lu
Posted by Anonymous on 18-Oct-2003 09:31 GMT
In reply to Comment 99 (Amon_Re):
@Amon_Re
> What bothers me most is the tone of your posts, just by typing the names
> properly you'd get alot less crap thrown into your direction, i think. Going on
> by calling Bill Mcewan

McEwen, Two "E"'s
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 110 of 215ANN.lu
Posted by Amon_Re on 18-Oct-2003 09:32 GMT
In reply to Comment 107 (EyeAm):
I say lets get this whole freaking deal over with, wether they win or loose, in the end i don't really care, all this crap is just feeding the lawyers.

Ainc & Genesi have better things to waste money on.

Cheers
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 111 of 215ANN.lu
Posted by Amon_Re on 18-Oct-2003 09:33 GMT
In reply to Comment 109 (Anonymous):
Is that you Don? ;)

Yea, i know, i always mix up his name

Cheers
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 112 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 09:34 GMT
In reply to Comment 105 (EyeAm):
Posted by EyeAm (68.59.90.76) on 18-Oct-2003 11:20:19

In Reply to Comment 102:
>Discovery is what documents and evidence the opposing party will be using
>against you.

It is also in the dictionary relating to finding out something you did not know before. :)
-----------------
Sigh - I thought it was obvious that I was referring to the standard LEGAL definition of what "discovery" is.

We weren't talking about the "discovery" channel.

So much for YOUR legal knowledge.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 113 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 09:36 GMT
In reply to Comment 107 (EyeAm):
"I do well enough to point Amiga in the right direction, hopefully enough to obliterate their haters into the next millenium :-) Curses upon those who attempt to go after Amiga, Inc.--may you fail in everything you touch. In the end, you'll be asking Amiga to lead, because you won't be able to do it on your own."

I think Bill and fleecy have had their opportunity to lead, and it hasn't been very successful. The best thing they have done is to allow Eyetech and Hyperion to go ahead with the AmigaOne/AOS 4 project. Even allowing for the criticisms of Seehund and others, on the whole this is a very good thing and does offer hope for the future.

Personally, I have little faith in fleecy's ideas about how AmigaOS should be developed. I think the Hyperion team are living in the real world and fleecy is not. He has to be given credit for trying to develop a large scale strategy rather than just do "more of the same", but so far the DE plan is working like Napoleon's attack on Russia.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 114 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 09:42 GMT
In reply to Comment 108 (Rich Woods):
>Pictures of billyboy's house, truck and plate are in the amigabk directory
>- which alas you no longer have access to.

>But I don't want to have you see things that are disturbing to you.

I've never been able to access it. :)

Anyway, let the record show you were not forthcoming, and apparently wanted to lie/defraud and waste time in this thread with this:

>billyboy DOES NOT have AMIGA on his truck license plate.

>The Amiga plate WAS billyboy's (or to be more precise mcewen's). This was
>confirmed on June 21, 2003 in speaking to billyboy's neighbor. He was told
>by billyboy that the plate caused so many problems for him he took it off
>the truck.

You're comment of "DOES NOT" (present tense) and "WAS" (past tense), while very specific in your 'wannabe lawyer' stench here, is amply understood now. In the future, though, since most forums are not so anally-restrictive, try to be more forthcoming and intuitive about what another poster is seeking. Play less games with people.

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 115 of 215ANN.lu
Posted by Daniel Miller on 18-Oct-2003 09:43 GMT
In reply to Comment 17 (Darrin):
Darrin says (not to me, thank heavens):

> You really are one sorry excuse for a man and you have my pity...

> And there is a special place in hell reserved for people like
> you...

Can someone pass around that cannister of "lighten up" pills? ;)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 116 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 09:50 GMT
In reply to Comment 115 (Daniel Miller):
Good idea there. The thread really concerns Amiga 'winning' a delay to March 1st, 2004. But I wasn't going to stop this time, without handing back a bit of the same 'exacting' and 'pedantic' flavor I've had sprinkled on me in the past by those in the Over-Criticize-Amiga camp. :)

I think a delay is good in this case. It will allow Amiga to better prepare themselves--although, truthfully, I really don't think they have much to worry about (those they are up against do not seem all that well-equipped--in fact, I think they will only do more things of an increasingly stupid nature).

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 117 of 215ANN.lu
Posted by Johan Rönnblom on 18-Oct-2003 09:52 GMT
In reply to Comment 104 (Don Cox):
Don, why would Thendic have wanted to hide that they were developing a
desktop computer (if they were, I believe they didn't have a deal with
bPlan yet at this time)?

From what I know, AInc had no plans to make be involved in any
hardware project at the time. Their plan was to sell AmigaDE to as
many third parties as possible.

In fact, as far as I know, the official line *even today* is that
there is nothing exclusive about their deal regarding the AmigaOne,
and that they *still* want AmigaDE to run on as many platforms as
possible.

So if this was some kind of "con" from Thendic's side, it seems
strange to me, because then it seems like it was a con to make AInc do
exactly what they claim they are doing - getting AmigaDE to run
"anywhere". Afaik they still to this date haven't renamed it to "Amiga
WinCE exclusive". ;-)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 118 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 09:53 GMT
In reply to Comment 115 (Daniel Miller):
Comment 114 of 115

Posted by EyeAm (68.59.90.76) on 18-Oct-2003 11:42:21

In Reply to Comment 108:
>Pictures of billyboy's house, truck and plate are in the amigabk directory
>- which alas you no longer have access to.

>But I don't want to have you see things that are disturbing to you.

I've never been able to access it. :)

Whatever you say...;)


>billyboy DOES NOT have AMIGA on his truck license plate.

>The Amiga plate WAS billyboy's (or to be more precise mcewen's). This was
>confirmed on June 21, 2003 in speaking to billyboy's neighbor. He was told
>by billyboy that the plate caused so many problems for him he took it off
>the truck.

You're comment of "DOES NOT" (present tense) and "WAS" (past tense), while very specific in your 'wannabe lawyer' stench here, is amply understood now. In the

Wanna be lawyer? I thought YOU were the one with extensive legal experiance? you were LYING? As the above - it would NOT be a good idea for you to try and interpret clauses in contracts. One reason to be VERY SPECIFIC when drawing up contracts.


future, though, since most forums are not so anally-restrictive, try to be more forthcoming and intuitive about what another poster is seeking. Play less games with people.

It was not a game - it was an attempt to educate and elucidate you. It was also meant to bring out the point that contracts and the wordings have to be very SPECIFIC - and I guess that "lesson" went WAY over your head.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 119 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 09:55 GMT
In reply to Comment 115 (Daniel Miller):
Posted by Daniel Miller (171.75.32.193) on 18-Oct-2003 11:43:41

In Reply to Comment 17:
Darrin says (not to me, thank heavens):

> You really are one sorry excuse for a man and you have my pity...

> And there is a special place in hell reserved for people like
> you...

Can someone pass around that cannister of "lighten up" pills? ;)
-------------------
Hey - I'm enjoying them. Tends to "lighten up" the rest of the serious discussion around here. heheheh
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 120 of 215ANN.lu
Posted by Jack Me on 18-Oct-2003 09:57 GMT
In reply to Comment 49 (Rich Woods):
Oh no. You discovered my joke name. You truly are a great detective.:D
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 121 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 09:58 GMT
In reply to Comment 116 (EyeAm):
Posted by EyeAm (68.59.90.76) on 18-Oct-2003 11:50:52


I think a delay is good in this case. It will allow Amiga to better prepare themselves--although, truthfully, I really don't think they have much to worry about (those they are up against do not seem all that well-equipped--in fact, I think they will only do more things of an increasingly stupid nature).

Those they are up against? Sarl, Thendic? Do more things of a stupid nature?

What "stupid" things did they do? Didn't you read billyboy's deposition? Went off to Montana to a heart specialist on the advice of the unknown named horseback rider "friend"?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 122 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 10:01 GMT
In reply to Comment 117 (Johan Rönnblom):
Posted by Johan Rönnblom (193.11.248.17) on 18-Oct-2003 11:52:37

In Reply to Comment 104:

So if this was some kind of "con" from Thendic's side, it seems
strange to me, because then it seems like it was a con to make AInc do
exactly what they claim they are doing - getting AmigaDE to run
"anywhere". Afaik they still to this date haven't renamed it to "Amiga
WinCE exclusive". ;-)

Seems to me you have a pretty good handle on the whole situation.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 123 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 10:03 GMT
In reply to Comment 120 (Jack Me):
Posted by Jack Me (82.34.24.129) on 18-Oct-2003 11:57:13

In Reply to Comment 49:
Oh no. You discovered my joke name. You truly are a great detective.:D

------------
That's a FACT, Jack!
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 124 of 215ANN.lu
Posted by 3seas on 18-Oct-2003 10:39 GMT
Where might have Amiga gotten the money for the lawyers from, while not paying off previous judgements???

Its really very simple and should be obvious to all.

Who are the guarenteed winners in any lawsuite or legal process?

Did I read something about Amiga being required, as a corporation, to have genuine legal concil representing them?

Now, who do you suppose the legal system is going to consider first? The fee due to any lawyer just entering the case or to pay off prior judgements?

Who has the power to butt in line?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 125 of 215ANN.lu
Posted by MarkTime on 18-Oct-2003 10:59 GMT
In reply to Comment 16 (Christian Kemp):
>>So you got your own opinion, fine.
>>This doesn't mean you always need to share it.
>>Make some useful contribution, or do everyone a favour and keep quiet.

ah ha! but....

well, you see...

you've failed to consider....

hmmmmm. crap.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 126 of 215ANN.lu
Posted by Alex Klauke on 18-Oct-2003 11:06 GMT
In reply to Comment 64 (Don Cox):
> However I do think they went into business planning to con the community into
> accepting Tao's Intent (a good thing in itself) as a version of AmigaOS.

Don't think so. They wanted the AmigaDE not to replace the OS as such, rather
'virtually' as it should build an _all new_ Amiga platform, and they ever said
so, IIRC. Fe. as they talked about 'OS 4 only when 3.9 is sold 50000 times' they
meant a continuation of AmigaOS itself. AFAIR it was only within the community
that AmigaDE was falsely called 'OS4', out of misunderstandings, which it never
was of the mouth of an AmigaInc. official.

> The intention was to rush everyone along into a glorious future with no
> desktop Amiga computers and no Amiga operating system, but just a brand name
> and some libraries.

(well, you really contradict yourself here, AmigaInc. wanted "the community into
accepting [the DE] as a version of AmigaOS" but their "intention [..] was no
Amiga operating system" at all? Yo. How could the DE replace the OS when not
running on Amiga(One) hardware as an operating system, as what "as a version of
AmigaOS" implies? ;-) I know you most probably mean they had no intention to
continue AmigaOS as they started (early 2000) but instead wanted to develop a
hardware agnostic layer, operating environment, that runs on top of other OS's
and hardware. Which is about right, but then they never said otherwise, even
OS3.9 was an after shot and intended as a (last) present to the community, see
http://newcorp.amigadev.net/corporate/112200-mcewen.shtml fe.)

And yet they established the AmigaOne as a hardware platform shortly after the
community intervened. And sorry Don, in the beginning of 2000 they were very
clear that they did plan sth. completely different and new, you do remember the
AmigaWorld magazine issues? I would not call theat deception exactly.

And since the AmigaOne announcement a desktop OS was part of the plan,
obviously, which was planned as being based on intent/AmigaDE first, but then
changed to the continued development of AmigaOS. Only, some people see this as
'U-Turns' or deceit and seem to hate AmigaInc. for that, but OTOS happily accept
that AmigaOS4 is being developed as a result of that...

Many people have only joined back the Amiga scene after the announcment of OS 4
(Apr 2001), not surprising that they did not understand that OS 4 was only part
of the strategy AmigaInc. built around the DE and not the other way around.

For me it was just to show that AmigaInc. can react to the real world and adjust
their plans when needed to reach their ultimate goal, which is just good
business sense. AmigaInc. is still doing AmigaDE after all and OS5 is what once
AmigaDE for the AmigaOne1200/4000 should have been, oh yeah the AmigaOne1200/4000
is no more too... But apparently they were not as good in the communications
area with the community, which was their Achilles heel ever since.

And well, yet I think that the Amiga platform needs a strong injection of new
ideas to grow into the size it once was (or even a size it would form a viable
market). AmigaOS alone will _not_ be enough, not after 98/99 at latest, so I was
already glad that JC advocated a new direction (even Schindler before, 'QNX'
etc), which AmigaInc. 2k contd. After all that's what Amiga was about for me in
the first place: Not just living with what you got but reaching out for new
opportunities, invention and forward thinking instead of just managing the
market share (otherwise we would not be different to M$ :( )

But what do I know. Maybe I would have another opinion if not working within the
IT sector for 11 years (but Amiga owner for about 15, on Xmas ;). After all what
counts is what products are sold and granted AmigaInc. have not sold much, but
they have (Player, E-Packs) and will, if we let'em. I for one will not blame
AmigaInc. when they don't do what my opinion is they should do (which is what
many people do here ad infinitum. "They don't do what I want so AmigaInc. is
evil"), it just appears that they and I happen to think into the same direction ;-)

But OTOH, sueing them for porting their product to a PPC platform before it is
finished (and even before AmigaInc. own PPC platform is supported) instead of
getting into negotiations if the contract might be changed (or just about how
boths sides do understand the contract and eventually redefine it to clear it
up or change it from a complete AmigaDE environment to entertainment packs or
such) or what Genesi could do to support them finish their product in the first
place, is not exactly what I expect from a business partner (rather Genesi
should finish the Eclipsis, the SmartBoy first).

A good move for Genesi would be to withdraw their case now, even if they had a
possibility to win. As it is it looks they never had an interest in AmigaDE and
just want to hinder the competetion to complete their products (with knowing
what would happen then), which finally does not build up a good reputation for
them. Well, after all, our "biggest enemy of all" (M$) has shown that its
possible to deal with AmigaInc., why can't Genesi? _IF_ they want to..

Peace.

Ciao, Alex
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 127 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 11:12 GMT
In reply to Comment 117 (Johan Rönnblom):
"So if this was some kind of "con" from Thendic's side, it seems
strange to me, because then it seems like it was a con to make AInc do
exactly what they claim they are doing - getting AmigaDE to run
"anywhere". Afaik they still to this date haven't renamed it to "Amiga
WinCE exclusive". ;-)"

I don't think "anywhere" included desktop computers. They have always flatly refused to do a version for Mac.

I could be wrong, but my impression is that this case is a trap or trick. You could well say that Amiga Inc deserved it because of their attempts to scare BPlan into abandoning MorphOS.

If Genesi seriously want to run the DE, they have only to contact Tao and arrange to pay for a port. It probably won't be very expensive. The Amiga tools collections are all in VP and will run on any platform that Tao supports - they don't need "porting". My conclusion is that Genesi are _not_ serious about wanting the DE on MorphOS.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 128 of 215ANN.lu
Posted by smp266 on 18-Oct-2003 11:26 GMT
Maybe they want DE for future x86 compatibility? Though I'm not sure how much longer x86 will be around, two years maybe?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 129 of 215ANN.lu
Posted by Johan Rönnblom on 18-Oct-2003 11:26 GMT
In reply to Comment 127 (Don Cox):
Hmm, I've never seen AmigaDE except on desktop machines, so I don't
think that's particularly obvious at least.

And anyway, Genesi aren't in the desktop market, by their own
admission. Servers (for which AmigaDE would be of little interest),
STB's and the pocket computer Eclipsis seems more like what they're
aiming at. So this hardly gives AInc an excuse.

Anyway, I don't think it matters much how hard Genesi wants AmigaDE.
Let's say I sell you a car, but then I don't deliver it. Then it turns
out that the engine is not working too well, and the transmission is
quirky. Does this give me an excuse for not delivering the car? Does
it mean you're doing something wrong if you insist that I deliver it,
even if it wouldn't be as useful for you as you once thought it would
be?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 130 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 11:40 GMT
In reply to Comment 111 (Amon_Re):
"Is that you Don? ;)"

Not this time. ;-)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 131 of 215ANN.lu
Posted by Anonymous on 18-Oct-2003 11:56 GMT
In reply to Comment 24 (Christian Kemp):
>> You can have an opinion, but only if it's anti-Amiga Inc

> That's pure BS.

no, its not, the fuck amiga attitude shows really good here with you and your sidekick.
i wonder why this is still unmoderated, can it be that its somehow 'good news' for amiga ?
If this newspost was saying Thendic won the case and Amiga goes down , i'm sure
it would be NEWS within minutes after its posted
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 132 of 215ANN.lu
Posted by Darrin on 18-Oct-2003 12:14 GMT
In reply to Comment 86 (DaveP):
@ DaveP

>I think Darren should be allowed to continue to put a counter perspective
>almost as rabid as those he opposes and in a similar tone to that
>set by the thread up to that point.

Exactly my point. Thanks.

>If his views, that question the motivations of some who contribute to these
>threads, think that the courts are merely doing their job and not showing
>special favour to Amiga Inc in this matter, are those of the general clientele
>of AmigaWorld.net then frankly I agree with you - he should feel at home there
>and with no shame on the site or him.

I actually find it quiet interesting that these jokes actually believe that a judge in a case is biased towards Amiga Inc. Do they honestly think that this judge is an AmigaOne owner and is willing to bend the law because of that? This just illustrates the warped mentality of "Richieboy" and those who cling to his posts like a priest to a choir boy.

>I also do not agree with all of his views,

???!!! Oh no!!! :-)

>or his means of expressing them,

As you are probably aware, I can conduct myself in a much better manner than I have been in this thread. However, there is a reason as to why I've taken the tone I have: I'm simply reflecting the tone of "Richieboy" and his flock in order to show them how they sound to the more reasonable ANN readers.

>nor think he would necessarily go unmoderated on AmigaWorld ( whereas he has
>here )

Quite frankly, I was suprise to see that some of my comments hadn't been moderated on ANN this morning as I think some of them need it. However, the comments that require moderating are in direct response to comments from others that also require moderating. I'd be happy to see some of my comments removed as long as the ones I was replying to got the same treatment.

In my opinion, AmigaWorld.net does a good job of clamping down on such rude posts before they can escalate into what we're witnessing here.

Anyway, Richieboy is beyond reasoning and some of the comments I've provoked out of him shows what his true mentality is like. He's a really sad guy - but some of us knew that already.

>However, uniformity of thought is not required on AmigaWorld.net, trolling is
>not particularly welcome however and flamewars are discouraged.

Which is why the Blue Trolls who post here get upset with it.

>AmigaWorld has its audience, MorphOS-news.de has its audience, ANN has another
>audience ( an amalgamation ) and so does Amiga.org.

Which the rabid Blue Trolls fail to understand (or chose to ignore). The problem is, these people are so engrossed in their AntiAmiga Inc campaign that they fail to see how anyone can think otehrwise and if someone steps in to try and prevent them spreading their "gospel" then that person automatically becomes a target of their "holy war". And then they turn around and call ME a fanatic!!! LOL.

>However your comment came close to the line of sounding like you were telling
>Darren to get lost and go to another site where his views would be more
>commonly held - interesting, is that not what you and others complain about
>AmigaWorld? That those thats views are not welcome are told to get lost?

He didn't "come close" - that's exactly what's being suggested.

>Interesting.

Isn't it? I'm so glad I made my posts... I think I've achieved my aim and brought the true intentions of certain people to light.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 133 of 215ANN.lu
Posted by Darrin on 18-Oct-2003 12:17 GMT
In reply to Comment 98 (Rich Woods):
Richieboy wrote:
>I'm familiar with something higher than the law: Truth. :)

No, you're familiar with hooker newsgroups and you wouldn't know the truth if it jumped up and bit you on your bottom.

Doesn't Dana drive a truck with AMIGA on the plate?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 134 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 12:22 GMT
In reply to Comment 124 (3seas):
Posted by 3seas (209.86.135.92) on 18-Oct-2003 12:39:36

Where might have Amiga gotten the money for the lawyers from, while not paying off previous judgements???
----------------
That is the uh $50,000 question.


Its really very simple and should be obvious to all.
-------------
Tell us!


Who are the guarenteed winners in any lawsuite or legal process?
------------
Lawyers - win or lose they get paid.



Did I read something about Amiga being required, as a corporation, to have genuine legal concil representing them?
------------
Yes - thee is also a page in the recent docs that has a letter to billyboy stating that as a corp he need to be represented by legal counsel - he tried filing several motions pro se.




Now, who do you suppose the legal system is going to consider first? The fee due to any lawyer just entering the case or to pay off prior judgements?
--------------
You can be sure Genesi is going to ask and demand answers to the question "Where's the money"? Well no doubt it has already been asked.


Who has the power to butt in line?
-------------
Legally the judgements should be paid off (and is part of the request by Genesi that Amiga pays it's employees monies owed) - knowing that peck now works for Genesi - they certainly are looking out for his interests. (As is Richard Hughes the attorney).
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 135 of 215ANN.lu
Posted by Amon_Re on 18-Oct-2003 12:22 GMT
In reply to Comment 130 (Don Cox):
Rats! ;)

Cheers mate
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 136 of 215ANN.lu
Posted by Amon_Re on 18-Oct-2003 12:26 GMT
In reply to Comment 131 (Anonymous):
I'm getting pretty tired of all these attacks towards all the site-owners out there.

First it was A.ORG that was biased, then it was Amigaworld.net(?) that's supposed to be evil, now CK...

Geez people, you don't like the FREE services these people provide to you? well, start your own bloody site & shut up

Grmbl Grmbl
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 137 of 215ANN.lu
Posted by Christian Kemp on 18-Oct-2003 12:26 GMT
In reply to Comment 131 (Anonymous):
Oh, look, there's another posting just above this one about Genesi that has not been moderated as well. How does that fit in with your conspiracy theory? And as for the "sidekick" comment, I find that highly derogatory, and entirely unjustified.

I explained this a number of times before: ANN is not my job. I allot a specific time to it, out of my free time - this can be ten minutes, or it can be an hour. Sometimes, a news item gets moderated within minutes, when I happen to be sitting at the computer anyway, sometimes, I have read enough insults and abuse and just don't care to do any more work on it for the day. Especially when some person has nothing better to do than complain, spout some nonsense about me or any other moderator, or just plain behave in a rude and disrespectful way in what is a *free* service - If you don't like it, don't visit, don't post. It's as easy as that.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 138 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 12:30 GMT
In reply to Comment 132 (Darrin):
Posted by Darrin (12.36.240.130) on 18-Oct-2003 14:14:56

In Reply to Comment 86:


I actually find it quiet interesting that these jokes actually believe that a judge in a case is biased towards Amiga Inc. Do they honestly think that this


With you changing the facts of previous postings shows that you aren't able to really understand what is going on.

No one said the judge is biased toward Amiga - if anything I stated the judge was bending over backwards to give billyboy the benefit of any doubts and to agree to the stipulations that both sets of lawyers agreed to.


judge is an AmigaOne owner and is willing to bend the law because of that? This
No one said anything about AmigaOne and the judge except you. It would be so much easier if you stuck to the facts and not injected your schoolboy mentality here.


just illustrates the warped mentality of "Richieboy" and those who cling to his posts like a priest to a choir boy.

Warped mentality? Have you actually read any of the court documents?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 139 of 215ANN.lu
Posted by Darrin on 18-Oct-2003 12:44 GMT
In reply to Comment 138 (Rich Woods):
@ Rich

OK, petty insults aside for a minute...

>With you changing the facts of previous postings shows that you aren't able to
>really understand what is going on.

What "facts" have I changed? Your "factual" posings are full of "It appears", "I assume", etc.

>No one said the judge is biased toward Amiga - if anything I stated the judge
>was bending over backwards to give billyboy the benefit of any doubts and to
>agree to the stipulations that both sets of lawyers agreed to.

Judges do not "bend over backwards" - they simply allow the lawyers to conduct themselves within the scope of the law. Perhaps this judge is "bending over backwards" in allowing this case to continue?

>No one said anything about AmigaOne and the judge except you. It would be so
>much easier if you stuck to the facts and not injected your schoolboy
>mentality here.

YOU'RE the one suggesting that that judge is making a excessive effort to support Amiga Inc.

>Warped mentality? Have you actually read any of the court documents?

I've waded through your summaries and that's bad enough. Why do you fail to understand that some of us are not interested in reading court documents? I know you seem to have some sort of fetish for this, but I'd rather wait until the judge decides what's going on rather than making an uneducated guess at what the result might me. This campaign of yours is like the crap the US media puts us through every day with regards to that basket player and the like.

Besides, I'm supposed to be banned from your site. Don't tell me you've forgotten already. Too many pills, obviously.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 140 of 215ANN.lu
Posted by Darrin on 18-Oct-2003 12:45 GMT
In reply to Comment 138 (Rich Woods):
@ Rich:

Once again:

Who is paying your expenses?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 141 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 12:52 GMT
In reply to Comment 140 (Darrin):
AMEX.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 142 of 215ANN.lu
Posted by Darrin on 18-Oct-2003 13:00 GMT
In reply to Comment 141 (Rich Woods):
and who's slipping you funds to pay off your American Express card?

also, do you have a Pegasos (any model)?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 143 of 215ANN.lu
Posted by Amon_Re on 18-Oct-2003 13:04 GMT
In reply to Comment 141 (Rich Woods):
???

Who or what is AMEX?

Cheers
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 144 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 13:09 GMT
In reply to Comment 132 (Darrin):
"Quite frankly, I was suprise to see that some of my comments hadn't been moderated on ANN this morning as I think some of them need it."

So why post them in the first place?


"However, the comments that require moderating are in direct response to comments from others that also require moderating."

Why lower yourself?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 145 of 215ANN.lu
Posted by T_Bone on 18-Oct-2003 13:12 GMT
In reply to Comment 143 (Amon_Re):
American Express. Don't leave home without it.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 146 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 13:12 GMT
In reply to Comment 142 (Darrin):
"also, do you have a Pegasos (any model)?"

Are you, or have you ever been, a member of the blue party?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 147 of 215ANN.lu
Posted by Amon_Re on 18-Oct-2003 13:14 GMT
In reply to Comment 145 (T_Bone):
Ark! Evil Creditcards! :-)

Cheers
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 148 of 215ANN.lu
Posted by Darrin on 18-Oct-2003 13:25 GMT
In reply to Comment 144 (Don Cox):
>So why post them in the first place?

I felt that what I said needed to be said.

>Why lower yourself?

Sometimes I just can't help it :-(
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 149 of 215ANN.lu
Posted by Christian Kemp on 18-Oct-2003 13:29 GMT
In reply to Comment 146 (Don Cox):
:)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 150 of 215ANN.lu
Posted by Darrin on 18-Oct-2003 13:31 GMT
In reply to Comment 145 (T_Bone):
>American Express. Don't leave home without it.

Extract from BBC show "Not The Nine o'Clock News:"

Man (Mel Smith): [at counter] American Express?
Cashier (Pamela Stephenson): That will do nicely sir... and would you like to rub my tits too?
[Chashier unbuttons her blouse and Man's hands reach forward]
Narrator (Rowan Atkinson): Put your head inbetween them and go blubble, blubble, blubbe with American Express."
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