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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 201 of 215ANN.lu
Posted by Christian Kemp on 19-Oct-2003 18:09 GMT
In reply to Comment 199 (Don Cox):
Is it "*current account* balance" or "current *account balance*"? :)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 202 of 215ANN.lu
Posted by Tigger on 19-Oct-2003 18:28 GMT
In reply to Comment 199 (Don Cox):
>>>>
Maybe this is a language issue. I have a current account plus a couple of deposit accounts. I think "current account" is the same as a "checking account" - the one you use for day-to-day operation as opposed to savings or reserves.
>>>>

I guess Don, I thought you were an American though?? The lawyer also asked him what was the current debt of Amiga Inc (and we got the now infamous) $2.2 million. He asked him what was the current bank balance of Amiga Inc and was told "about $100". Its not a type of account, its a question about funds on hand at the present time, and "about $100" is obviously not a good answer, I usually have that much in my wallet. The funny thing is that McEwen hedged all over the answer to the current debt (this week vs next week, etc) and rattled off "about $100" with virtually no comment. My issue with the $100 answer, is where did the money go. Amiga Inc collected $65K last year as part of what became CAM, they havent paid any debts off since then, Bill claims they didnt pay any salaries since then, etc where exactly did the 65K go?? Also according the Barry, they sold out all the Party Packs, where did that money go, again, none of the judgements have been paid, no money is in the account, no employees have been paid, where did the money go?? Surely the Party Packs were a positive cash flow?? If not, why is Barry excited about doing more of them??
-Tig
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 203 of 215ANN.lu
Posted by Kronos on 19-Oct-2003 18:43 GMT
In reply to Comment 202 (Tigger):
@Tigger

Party-Pack ??? Or do you mean the game-packs sold in cooperation with M$ ?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 204 of 215ANN.lu
Posted by Tigger on 19-Oct-2003 18:52 GMT
In reply to Comment 201 (Christian Kemp):
>>>>
Is it "*current account* balance" or "current *account balance*"? :)
>>>>

Well since *current account* is a nonsense expression in regards to Amiga Inc and US banking, I am going with choice 2, expecially since it follows the current debt questions. A google search of current account shows lots of what we in the US call checking accounts or equity account references from the UK and others, and of course references to current account in reference to trade deficits (which is the only US use of the phrase, its also the way Canada uses the phrase). In addition since the question was current bank account balance, removing bank from the reference to get "current account" which means federal trade deficits in the US, doesnt seem like a good idea.
-Tig
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 205 of 215ANN.lu
Posted by Tigger on 19-Oct-2003 18:56 GMT
In reply to Comment 203 (Kronos):
Yeah, I meant Game Packs, I had a sentence I deleted about the Party Pack coupons and didnt fix the sentence right. But my question still is where is the money from Microsoft, why wasnt it used to:

1) Buy T-Shirts
2) Pay debts
3) Pay Employees

None of which happened, so did they get nothing for the Game Packs, or did that money get funneled to debts we dont know about, or wasted on another boondoggle by Fleecy Co.
-Tig
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 206 of 215ANN.lu
Posted by Don Cox on 20-Oct-2003 05:31 GMT
In reply to Comment 202 (Tigger):
"Surely the Party Packs were a positive cash flow?? If not, why is Barry excited about doing more of them??"

They probably did bring in a little cash, but fleecy will be excited because they are the first product of his grand plan to run what he thinks is Amiga on any platform.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 207 of 215ANN.lu
Posted by Don Cox on 20-Oct-2003 05:33 GMT
In reply to Comment 205 (Tigger):
"None of which happened, so did they get nothing for the Game Packs, or did that money get funneled to debts we dont know about, or wasted on another boondoggle by Fleecy Co."

I suspect the number made was small and the profit even smaller.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 208 of 215ANN.lu
Posted by christian on 20-Oct-2003 19:26 GMT
In reply to Comment 24 (Christian Kemp):
" I am trying to be impartial on the front page, and not to unfairly remove any contributions in the comments section. I think with all this considered, I should be allowed to voice my opinion from time to time. "

Right Christian, you should be allowed to voice an opinion. I dont see however that anyone would care for your "opinion' if you didnt have the Amiga brand included as a part of your moniker "Amiga News Network".

Given the liberties with that Amiga trademark, I wonder how long it will be until the GAA.lu launches? Careful, they are prone to legal action.

Dont be a hypocrite Christian. Your story is flimsy at best these days.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 209 of 215ANN.lu
Posted by christian on 20-Oct-2003 19:43 GMT
In reply to Comment 84 (Rich Woods):
----------------
Since you purport to have knowledge of business law and can supposedly understand simple sentences I will state again....

billyboy DOES NOT have AMIGA on his truck license plate.
---------------------------------------------------------
Hey Genius,

You sure that this was McEwens truck? I know that for such a developed intellect as your own, the possibility that another vehicle could possibly be in McEwens driveway is in every way inconceivable, but c'mon Rich. You keep telling us of your superior intellect and expertice, is it possible that you snapped a pic of someone elses vehicle?

Get off your high horse, your logic is not all as ironclad as you would like to believe

Has it ever occured to you that you took a photo of a license plate on a truck that was at McEwens residence that (and to help you along, this is the important bit) DID NOT belong to McEwen? Wow! What a concept Rich's logic is not all as well developed as he tells us! Yikes
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 210 of 215ANN.lu
Posted by hammer on 20-Oct-2003 20:42 GMT
In reply to Comment 128 (smp266):
>Maybe they want DE for future x86 compatibility? Though I'm not sure how much
>longer x86 will be around, two years maybe?

Note that AMD has plans to release a K8** successor in 2005 i.e. K9. **K8 family includes Opteron, Athlon FX and Athlon 64.

References
http://zdnet.com.com/2100-1103_2-5091845.html

http://www.statesman.com/business/content/auto/epaper/editions/monday/business_f3095e55446e000b00f3.html

http://www.theinquirer.net/?article=12236 (IBM to support AMD64 and Windows 64)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 211 of 215ANN.lu
Posted by Rich Woods on 20-Oct-2003 21:08 GMT
In reply to Comment 209 (christian):
Posted by christian (64.26.163.193) on 20-Oct-2003 21:43:21

Posted by magma.ca



In Reply to Comment 84:
----------------
Since you purport to have knowledge of business law and can supposedly understand simple sentences I will state again....

billyboy DOES NOT have AMIGA on his truck license plate.
---------------------------------------------------------
Hey Genius,

You sure that this was McEwens truck? I know that for such a developed intellect as your own, the possibility that another vehicle could possibly be in McEwens driveway is in every way inconceivable, but c'mon Rich. You keep telling us of your superior intellect and expertice, is it possible that you snapped a pic of someone elses vehicle?

No.


Get off your high horse, your logic is not all as ironclad as you would like to believe

Not logic - verified information on the plate - why do you think I took 3 months between the taking of the picture and posting it! Ah - I know you can figure that out.


Has it ever occured to you that you took a photo of a license plate on a truck that was at McEwens residence that (and to help you along, this is the important bit) DID NOT belong to McEwen? Wow! What a concept Rich's logic is not all as well developed as he tells us! Yikes


Simple logic - for a simple person. I know who the truck is registered to - you don't. Since you are so smart - run the plate info and you'll have your answer.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 212 of 215ANN.lu
Posted by Chris H on 23-Oct-2003 08:50 GMT
In reply to Comment 197 (Tigger):
@Tigger

> I'm sorry, I am going to have disagree strongly, at Amiwest we all had a
> chance to see MorphOS vs OS 4.0, the Hyperion effort was not the most
> advanced, the most completed (obviously) and definitely not the most stable.

This is what I totally fail to understand. When OS4 was demonstrated, it was
running in FULL debug mode (outputting to the SERIAL port no less!), hence the
very low speed. Most of the OS4 components have been tested SEPARATELY, often
using OS3.9, so they are known good. Any instability in the combined product
(OS4) is down to the small amount of stuff not testable with OS3.9, hence the
debug mode.

MorphOS completely written from scratch (rather hurredly), rather than being
based on known-good OS3.9 code, so it comes as no surprises as to the huge
number of bugs (small & large) and missing functionality. That MorphOS is
useable at all is simply down to Genesi focusing the minimum functionality
needed to get apps running.

MorphOS's state is simply not comparable to OS4, and therefore progress on OS4
will seem much faster than with MorphOS, although in reality there is far less
work left to do with OS4 (esp for the Cyberstorm version).

<OS4>
> I covered all bets when it was said it would ship last yearby Xmas

Past failure to meet deadlines, which were based on expected funding which
failed to materialise, is a bit unfair, especially for software development.

What we see know is far more functional than was originally planned. Given what
has been shown, as well as the speed of recent progress, I think it is quite
reasonable to expect it in the time frame I said. The only reason the
Cyberstorm version COULD slip beyond Xmas, is that Hyperion recently put more
effort (than planned) into the AmigaOne version.

> many (3 in my user group alone) have bought Amiga Ones and not received their
> rebates, which is strange since they have paid for an AmigaOne and OS4 and yet
> havent gotten a rebate though at least one of them has asked for it for over 6
> months now.

Sorry?!? I just checked my original order info (from June 2002), and it quite
clearly states "AmigaOne/AmigaOS 4.0 $50 Coupon". It was for the A1 *plus* OS4.

Since OS4 has not even been released yet, expecting a $50 refund is ridiculous.
The systems Eyetech are selling are "Earlybird" systems which explicitly do not
contain OS4, although yes they do include the offer of a free OS4 when released.

> Fleecy is an absolute idiot

While I can't vouch for him in general, I do know he is a very technically
skilled guy (particularly in relation to OSes), so calling him an idiot is
untrue.

> I dont think Amiga Inc will ever have a good product, frankly they aren't
> working on any now. Hyperion is working on an OS, Eyetech has a
> distributership for the MAI boards. Amiga Inc has nothing to do with that,

Personally I feel this is playing games with word definitions. Amiga Inc hired
the most competant people available to work on OS4 (Hyperion) and the AmigaOne
(Eyetech), and they clearly have a contract with them both.

If the people working on OS4/etc had been brought "in house", you wouldn't be
complaining. But I fail to see the essential difference, apart from the
location of the people working on OS4/etc & that they are able to make income
from contracts other than OS4/etc (since we are being realistic about the Amiga
Inc financial situation).


I'm not going to get into arguments about Amiga Inc's precise financial
situation, since you know full well that I think the information we have been
fed is highly misleading (if not actually untrue).
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 213 of 215ANN.lu
Posted by Chris H on 23-Oct-2003 08:53 GMT
In reply to Comment 198 (Don Cox):
@Don Cox

>> As a fairly happy Amiga user, I normally don't bother to read all this cr*p,
>> but for some reason I decided to waste an hour or so on it today."

> If you start by insulting everyone else here, you can't expect anyone to read
> the rest of your rant.

I was complaing about the discussion itself, not the people. I'm sorry you
can't differentiate between complains about the CONTENT of the discussion, and
the PEOPLE taking part in it (of which I'm now one).
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 214 of 215ANN.lu
Posted by Chris H on 23-Oct-2003 09:23 GMT
In reply to Comment 197 (Tigger):
@Tiggs

Sorry, I forgot to address somethingv very important you said:

> Its all the court records, how can it be half the facts?? Court documents
> from both sides of the Bolten Peck case, the Matthew Fontenot case, the
> Thendic case, etc have been provided.

Quite simply:

1. The court case is against Amiga Inc, therefore Genesi is (approximately)
able to bring-up anything that they think will tar Amiga Inc's image, while
Amiga Inc (if they are sensible) will simply try to refute the actual case being
brought against them (unless they have enough resources to thoroughly tackle
everything, which I doubt). Not too one-sided for the court purposes, but when
they get made public to Amigans (for other purposes) it's clearly misleading.

2. There is no guarantee that the documents being provided are ALL of the
documents, unless I missed something. I certainly don't take the publisher's
word for it.

3. How many Pro-AmigaInc people have gone and checked that the scanned documents
actually match the real ones? I certainly wouldn't trust an Anti-AmigaInc
person to not modify or remove parts of the documents, nor to report that such
changes had taken place (why even bother with a careful comparison?).

4. Amiga Inc have NOT made ANY rebuttal to the publish documents & accusations,
to us Amigans, therefore it is clearly one-sided. What is counted as evidence
in court, and what normal people would take as "partial evidence", is not
necessarily the same. E.g. The court is going to be more interested in facts,
rather than a story where Bill explains his personal motivations & situation,
especially since giving unnecessary information in court is dangerous (it gives
more ammo to the opposition).


And no, I'm not a lawyer, which is precisely *why* I'm more interested in the
whole fuzzy picture, rather than being fed carefully selected Black & White
facts targeted at the particular case.

Quite how anyone can claim Amiga Inc is being given fair treatment, in
discussions like this, is beyond me when certain people (e.g. Rich Woods) are
able to make any claim they want and AI aren't here to defend themselves.


And please note, I am not attacking Rich Woods or anyone personally, I am just
saying that it seems ridiculous to suspend expectations that would normally be
applied to a "fair discussion". (e.g. the party being attacked being present to
defend themselves, rather than simply being (mis)quoted)

> Its becoming very scary the amount of
> spin that Barry is doing on you guys to have the official court documents be
> "half the facts" from the Genesi side.

I am quite capable of forming my own opinion, thank you very much. Who is this
Barry anyway, and where would I have seen him? I certainly don't bother reading
ANN/etc threads normally (it usually seems too unfriendly to bother).

> Bill
> McEwen has told judges, lawyers and creditors that the next round of funding
> is happening this month, so far it hasnt happened at all, they've just built
> up larger debts.

I'd really like to known how YOU know that nothing has happened! I think it is
quite likely Bill will have been refering to the end of this month, where
there's this Chinese (???) conference where OS4 will (hopefully) be demonstrated
by Eyetech running on an AmigaOne.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 215 of 215ANN.lu
Posted by Tigger on 24-Oct-2003 21:51 GMT
In reply to Comment 214 (Chris H):
Chris you are very confused:

>>>>
1. The court case is against Amiga Inc, therefore Genesi is (approximately)
able to bring-up anything that they think will tar Amiga Inc's image, while
Amiga Inc (if they are sensible) will simply try to refute the actual case being
brought against them (unless they have enough resources to thoroughly tackle
everything, which I doubt). Not too one-sided for the court purposes, but when
they get made public to Amigans (for other purposes) it's clearly misleading.
>>>>
First of all Genesi is the 9th lawsuit, we have one from Bolten, one from Matt, two from Inception, 3 from the state, one from Airborne Express all of which were filed before the Genesi suit, in several cases well over a year before the Genesi case. Amazingly, Amiga Inc looks the same in all those cases as well. In addition, we have Bill McEwens sworn testimony, Bill said they were broke, Bill said they only had $100 in the bank.

>>>>
2. There is no guarantee that the documents being provided are ALL of the
documents, unless I missed something. I certainly don't take the publisher's
word for it.
>>>>
If you are talking about the Genesi case (and I am sure you are, because thats Barry tells everyone to do) please ignore all the other cases, pay attention only to the one we havent lost YET. We have the docket for the case, and we have every document listed, we have responses etc to every motion by either side, what exactly do you believe is missing?? And why dont you request it from the courthouse if you are sure its missing??

>>>>
3. How many Pro-AmigaInc people have gone and checked that the scanned documents
actually match the real ones? I certainly wouldn't trust an Anti-AmigaInc
person to not modify or remove parts of the documents, nor to report that such
changes had taken place (why even bother with a careful comparison?).
>>>>
Well after Rich bet Ray $1000 that every document was as is directly from the courthouse, I am pretty sure by now, if any of the Amiga Inc followers knew there was a problem, we'd have seen a post as such, there is no post, because there is no issue with the documents, its not needed, its pathetic just as is.

>>>>
4. Amiga Inc have NOT made ANY rebuttal to the publish documents & accusations,
to us Amigans, therefore it is clearly one-sided. What is counted as evidence
in court, and what normal people would take as "partial evidence", is not
necessarily the same. E.g. The court is going to be more interested in facts,
rather than a story where Bill explains his personal motivations & situation,
especially since giving unnecessary information in court is dangerous (it gives
more ammo to the opposition).
>>>>
Amiga Incs lawyers (and Bill McEwen for that matter) have made rebuttals as part of the court documents, Bill confessed that he lost the suits with Matt & Bolten for not showing up at court (on purpose). The judge made a very strong statement about Mr McEwen taking the federal court seriously, if you think the records arent true, get your own copies, the problem is that everyone thats done that, has found out they are complete and accurate.

>>>>>
I am quite capable of forming my own opinion, thank you very much. Who is this
Barry anyway, and where would I have seen him? I certainly don't bother reading
ANN/etc threads normally (it usually seems too unfriendly to bother).
>>>>>
Barry J Moss is "Fleecy's" real name. You know the below average tech writer you think is an OS guru??


>>>>
I'd really like to known how YOU know that nothing has happened! I think it is
quite likely Bill will have been refering to the end of this month, where
there's this Chinese (???) conference where OS4 will (hopefully) be demonstrated
by Eyetech running on an AmigaOne.
>>>>
On August 19, 2002 Bill wrote that funding was coming at the end of the month, on September 11, 2002 he wrote funding will happen this month. On November 25, 2002 he wrote a letter to the judge in Matt's case, asking till January 31, 2003, because he was sure the money would be there by then. On August 7, 2003, we have Bill McEwen once again claiming funding is coming in by the end of the month. It still has not arrived (as of Oct 24th), because the first thing that money has to go to is pay Matt, Bolten, Airborne Express & the Inception Group. None of which have been paid. Do you know understand, why I take Bills claims of new funding by the end of the month lightly given his history of claiming that for well over a year now, with no funding actually occuring???
-Tig
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