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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 51 of 215ANN.lu
Posted by Darrin on 18-Oct-2003 01:13 GMT
In reply to Comment 48 (Rich Woods):
>I am here to protect you - you won't have to read anymore of those nasty court documents!

Ohhhhh!!! Poor Richieboy is starting to act like a child. I bet you're stomping your foot on the ground as you type. What a joke you are.

It seems you love to stalk the defenceless and reap the praise of the Blue Trolls for you "hard, expensive efforts". However, it appears that when someone points the mirror at you and reminds you that you a simply an insignificant nobody with a mental disorder then you start to get nasty. Bad, bad boy!!! Go and stand in the corner. No supper for Richieboy tonight.

Why don't you ban me from your site too? I'm so glad that I have people like you "protecting me". It's a miracle I've lasted so long on my own.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 52 of 215ANN.lu
Posted by Darrin on 18-Oct-2003 01:15 GMT
In reply to Comment 49 (Rich Woods):
>Is your last name Off?

Is "dick" short for Richard?

You're starting to crack.... pressure is mounting, the walls are closing in and stalker Richieboy is begining to look a bit ragged around the edges....
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 53 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 01:27 GMT
In reply to Comment 51 (Darrin):
Posted by Darrin (12.36.240.130) on 18-Oct-2003 03:13:36

In Reply to Comment 48:
>I am here to protect you - you won't have to read anymore of those nasty court documents!

Ohhhhh!!! Poor Richieboy is starting to act like a child. I bet you're stomping your foot on the ground as you type. What a joke you are.
---------------
Yeah - I'm just so distraught at your posts I think I'm going to cry!
--------------
It seems you love to stalk the defenceless and reap the praise of the Blue Trolls for you "hard, expensive efforts". However, it appears that when someone points the mirror at you and reminds you that you a simply an insignificant nobody with a mental disorder then you start to get nasty. Bad, bad boy!!! Go and stand in the corner. No supper for Richieboy tonight.


Damn - how old are you anyway? Is this your type of rational logic? Wait - maybe you're peake in disguise?

---------------
Why don't you ban me from your site too? I'm so glad that I have people like you "protecting me". It's a miracle I've lasted so long on my own.


Boy, you really are dumb! You have been banned!!!! Didn't you GET IT? I know this may come as a shock.......

But why deal with documents from an "idiot"? Pass along what you got to peake and the others who want to know what is going on!
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 54 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 01:36 GMT
In reply to Comment 52 (Darrin):
Posted by Darrin (12.36.240.130) on 18-Oct-2003 03:15:29

In Reply to Comment 49:
>Is your last name Off?

Is "dick" short for Richard?
-----------------
Sorry Darrin I'm not gay - so please continue to troll on the gay forums....And I hope you find what you so fervently desire....

Hey maybe this might be of interest to you!

Message 1 in thread

From: Ryan E. A. Czerwinski (merlancia@aol.com)
Subject: looking in Arizona
 
View this article only

Newsgroups: alt.sex.prostitution
Date: 2000-09-08 00:31:11 PST

Looking for full service in Arizona. Please inform of any contacts.
please relpy via e-mail. public postings are not being read. Thanks.   

This is the only article in this thread

--------------
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 55 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 01:39 GMT
In reply to Comment 42 (T_Bone):
>In Reply to Comment 41:
>> And following the links to the items on the Merlancia site, one reaches >>pages that say "Forbidden".

>>Most likely you've been blackballed.

Well, if those from certain circles are the owners of the site, I can certainly see why. (and totally their fault, not mine) :)

That's okay. I know more privately than can be said at this time, publicly.

--EyeAm
"The prophecy is true."
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 56 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 01:43 GMT
In reply to Comment 55 (EyeAm):
Posted by EyeAm (68.59.90.76) on 18-Oct-2003 03:39:29

That's okay. I know more privately than can be said at this time, publicly.


Me too!


--EyeAm
"The prophecy is true."
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 57 of 215ANN.lu
Posted by brotheris on 18-Oct-2003 03:57 GMT
In reply to Comment 55 (EyeAm):
"That's okay. I know more privately than can be said at this time, publicly."

I know someting you don't. It is going to be BIIIG, but I won't tell you.
You know Luca Diana ? =)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 58 of 215ANN.lu
Posted by cheesegrate on 18-Oct-2003 04:38 GMT
In reply to Comment 52 (Darrin):
Darrin calm down.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 59 of 215ANN.lu
Posted by cheesegrate on 18-Oct-2003 04:39 GMT
In reply to Comment 20 (Darrin):
>(or whatever your favourite colors are)

>>Red ;-)


Hmm a card carying communist?? ;)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 60 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 05:42 GMT
In reply to Comment 57 (brotheris):
No, why?

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 61 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 06:00 GMT
In reply to Comment 60 (EyeAm):
The name sounded familiar, so I searched just now and do recall the person having posted on Moobunny awhile back.

I just came across something more interesting, though. I had not seen these pictures of Amiga's offices before. And Bill McEwen's truck license plate :)

http://ql.programmazione.it/default_frame.asp?id=80&lang=it

Interesting setup.

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 62 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 06:23 GMT
In reply to Comment 11 (smithy):
"How come McEwan can afford to pay the lawyers"

It's "McEwen" with two Es.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 63 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 06:25 GMT
In reply to Comment 15 (smithy):
"According to McEwan's testimony, Amiga Inc had $100 in the bank"

He said "in the checking account". He didn't say that was the only money they have. It may be, or not.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 64 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 06:30 GMT
In reply to Comment 17 (Darrin):
"You really don't have a clue, do you Billy? You have no idea what I stand nor will you ever. I happen to believe that Amiga Inc didn't go into business in order to con the Amiga Community."

I don't think for a moment that they went into business planning a financial swindle.

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. 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.

The DE is a deception, IMO.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 65 of 215ANN.lu
Posted by John on 18-Oct-2003 06:39 GMT
McEwen and co are liars and thieves who has took many Amiga users money under false pretence which done by any non Amiga company would be FRAUD but as it is an Amiga company is it acceptable and well respected.

McEwen, Moss, Peake, Akey should all be behind bars doing serious time instead of being made out to be some sort of great people.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 66 of 215ANN.lu
Posted by DaveP on 18-Oct-2003 06:45 GMT
In reply to Comment 13 (Bill Hoggett):
"I don't know what he's doing here though. There's a whole "Amiga community portal" for people like him."

That remark was pretty petty.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 67 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 07:00 GMT
In reply to Comment 33 (Darrin):
">CK:"Make some useful contribution, or do everyone a favour and keep quiet."
>To me reads as " If you don`t have anything useful to say,then don`t say
>anything"

Which translated into my native language as saying "You haven't said anything useful to my agenda so STFU"."

That is not what it means. The most useful comments in a discussion are the ones you disagree with that make you think hard.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 68 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 07:03 GMT
In reply to Comment 43 (Rich Woods):
"I feel people should be aware of what is NOT being told - and the things behind the scenes. And also people keep telling me to write a book - I could have a GREAT screenplay with Merlancia and Amiga and the saga of both."

I would prefer a carefully researched factual book to a work of fiction loosely based on the actual events.

There is a lot of research still to do.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 69 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 07:04 GMT
In reply to Comment 44 (Darrin):
"So says Bill Hoggitt"

It's "Hoggett" with an E.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 70 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 07:11 GMT
In reply to Comment 64 (Don Cox):
>I don't think for a moment that they went into business planning a
>financial swindle.

I don't either. They began as early as September 1999, right after Jim Collas was forced out, to save Amiga.

>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.

I think there were some choices made in an effort to speed things along and cut corners. They checked out Wind River, QNX, and so on--and yes, these efforts bleed back into the Jim Collas era, but keep in mind Bill McEwen was there then, too (he wrote the famous Tech Brief, not Collas, from what I understand; but it may not have been under his sole direction).

I don't see Intent as anything more insidious to Amiga OS as Tim King's TripOS was in the beginning. 'Use the best, use the rest'? :)

>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.

This part, I have to agree, was the truth; but not just the truth, a big mistake. They could have extricated the OS FROM the bindings it has to Classic Amiga hardware, and geared things toward a new 64-Bit core for hardware that was essentially outside of the Classic box and becoming a very real, very viable new platform. If it was ever thought that the new OS could run on existing Classic machines--and, of course, that's theoretically possible--go ahead and include what would allow it to do that, but by all means create equivalents to the custom chipsets and/or hardware within the software, for the other architectures the OS would run on. The Classic OS could have probably been merged with Intent/AmigaDE; both of which would be easier to run on the satelliting PDAs and such, likely not 64-Bit, and likely remaining 32-Bit (except for parts utilized when inside the over-all new OS).

>The DE is a deception, IMO.

Maybe it's like a kid who is unexpectedly born deformed, but who has inherent value--maybe even savant capabilities, if explored further. Or maybe only beauty is from a particular, relative position, and a new position would reveal it to be the first of a new race.

I firmly believe, however, that AmigaDE should not be the only 'OS' (general use, 'operating system') that Amiga, Inc. puts out. I firmly believe the "Amiga OS" should be 64-Bit, residing on 64-Bit architectures. Despite an out-of-the box, off-the-shelf philosophy (which is good, in these particular times), Amiga OS should be considered as running on an "Amiga" machine that is 64-Bit. Amiga64, all the way (well, until 128 comes along) :).

It's the core that changes; rippling out, with the semblance of a target created with its waves.

((((((64-Bit))))))
(8-bit ((l6-bit ((32-bit ((64-Bit)) 32-bit)) 16-bit)) 8-bit)

Desktop/Servers should not leave Amiga's plans. They're here for awhile.
Until, more and more, the idea Fleecy espoused, arrives. It is coming, but it's not going to be overnight. We'll probably see a lot more of it at the next level: ((64-Bit ((128-Bit)) 64-Bit))

Those devices which are free from the desktop/server, will first work independently (with the most limited of features), then interdependently (with the desktop/server, and also with other similar devices--devices equivalent or greater in capacity), and then finally independently/interdependently at a much greater level. There's an evolution to it. The obstacles to this reality are evidenced in the last decade of laptops--very similar issues of 'battery life', 'cpu power', and 'storage'. Throw wireless technology into the mix and these things are both complicated and eased; the latter, in the case of devices which can depend upon a desktop/server (or something larger, with greater power and capacity) to provide a storehouse or place for resources from which to draw.

I don't know that the DE was an intentional deception (I'm sure it is possible...that it be much like a joystick company in 1983) :) But, then, I did see the product in action, with my own eyes, so I know it is at least real. It cannot be the new OS, however.

The new Amiga OS must have a LOT of original/new features and improvements over the Classic; yet retain everything we liked about the Classic. It's got to be competitive with other OSes in price, design, and functionality, but supersede everything out there.

I wonder...is AROS building in support for the AmigaDE? :)

--EyeAm
"Sir, we have found the location of the Rebel base."
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 71 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 07:25 GMT
In reply to Comment 65 (John):
>McEwen and co are liars and thieves who has took many Amiga users money
>under false pretence which done by any non Amiga company would be FRAUD
>but as it is an Amiga company is it acceptable and well respected.

I don't believe anything was done under false pretenses.

Also, it's not what you know, but what you can prove. And I really think it would be hard to prove they intended to defraud. The President of Amiga has an AMIGA license plate on his truck, for goodness sake. There is certainly an element of fun about their efforts--and yes, they have tried. Fact is--and I know it's hard not to, considering "Amiga's past"--a lot of people have dumped on them, possibly making things harder for them at certain times (certainly turning mole hills into mountains at more than a few instances).

But the court case(s) decide, ultimately. Didn't they have 9 since 2001? Haven't heard much about the other 7 (I only know of two, specifically). Did they not win the others?

>McEwen, Moss, Peake, Akey should all be behind bars doing serious time
>instead of being made out to be some sort of great people.

No, they shouldn't. And they will not be. I don't believe people spend millions for something--the trademarks, the copyrights, the patents, and other properties--just to blow it away on a scam or hoax or fraud (i.e., "Oh, look at me, I spent all this money, just to fool you all. Haha.") Doesn't fly :) One could possibly see such a thing in one person, but not a group where opinions are likely to differ and sense get slapped into another sooner or later.

Now, whether there is someone on the inside leaking info or plans, that might be another story worth taking precautions for.

--EyeAm
"We're in trouble all the time, you read about us all in the papers. We run around and bump into walls, a blind delegation. And we ain't afraid of high power, we're bulletproof..."--Alice Cooper, 'Department of Youth'
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 72 of 215ANN.lu
Posted by JoannaK on 18-Oct-2003 07:29 GMT
In reply to Comment 71 (EyeAm):
Nice talk.. But good intentions don't make illegal actions legal. Even
if assuming their intentions have been good, and they have just been
so unlucky and incompetent.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 73 of 215ANN.lu
Posted by T_Bone on 18-Oct-2003 07:41 GMT
In reply to Comment 71 (EyeAm):
> But the court case(s) decide, ultimately. Didn't they have 9 since 2001? Haven't
> heard much about the other 7 (I only know of two, specifically). Did they not
> win the others?

I believe they've lost them all, I don't remember how many there were. 9 sounds kind of high...
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 74 of 215ANN.lu
Posted by Bill Hoggett on 18-Oct-2003 07:42 GMT
In reply to Comment 66 (DaveP):
@DaveP

No, Dave, I don't feel it was.

You see, I do occasionally visit the place just to see if anything is changing at all. I read your recent thread on moderation, and some of the comments therein are quite disturbing, but even they are not as disturbing as the blurb at the bottom of the Total Amiga advert, which is surely a first in the annals of computer press advertising.

I think the reputation is fully deserved, and I think the site fits Darrin's views like a glove.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 75 of 215ANN.lu
Posted by Johan Rönnblom on 18-Oct-2003 07:45 GMT
Hmm. On these documents, there is *no* signature by any AInc
representative. On the line where their (former) council, Diana S
Shukis, is supposed to have signed, it says "approved telephonically",
and appears to be signed by - Richard J Hughes, Genesi's lawyer!

Why is not only the court but also Genesi's defense "bending over
backwards" to give Amiga every possible chance? Why doesn't their
council appear in court? Have they agreed to receive court notices but
refused to actually spend any time on the case, because of another
"money soon" promise by Bill McEwen?

Is the reason Genesi agree to this that they think Amiga will once
again fail to meet the dates, with a default judgement already this
year as a result?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 76 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 07:45 GMT
In reply to Comment 71 (EyeAm):
In Reply to Comment 65:
>McEwen and co are liars and thieves who has took many Amiga users money
>under false pretence which done by any non Amiga company would be FRAUD
>but as it is an Amiga company is it acceptable and well respected.

I don't believe anything was done under false pretenses.
------------------
Any MANY other believe things wre done under false pretenses. But then it appears you are quite out of the loop on the happenings.

-----------------
Also, it's not what you know, but what you can prove. And I really think it
----------------
We agree on this.
----------------
would be hard to prove they intended to defraud. The President of Amiga has an
---------------
May I ask what law and/or legal and/or business law you have studied?
I know this will be WAY over your head but others might find it interesting.


FRAUD, TO DEFRAUD - The term 'fraud' is generally defined in the law as an
intentional misrepresentation of material existing fact made by one person
to another with knowledge of its falsity and for the purpose of inducing
the other person to act, and upon which the other person relies with
resulting injury or damage. [Fraud may also include an omission or
intentional failure to state material facts, knowledge of which would be
necessary to make other statements not misleading.]

To make a 'misrepresentation' simply means to state as a fact something
which is false or untrue. [To make a material 'omission' is to omit or
withhold the statement of a fact, knowledge of which is necessary to make
other statements not misleading.]

Thus, to constitute fraud, a misrepresentation must be false [or an
omission must make other statements misleading], and it must be 'material'
in the sense that it relates to a matter of some importance or significance
rather than a minor or trivial detail.

To constitute fraud, a misrepresentation [or omission] must also relate to
an 'existing fact.' Ordinarily, a promise to do something in the future
does not relate to an existing fact and cannot be the basis of a claim for
fraud unless the person who made the promise did so without any present
intent to perform it or with a positive intent not to perform it.
Similarly, a mere expression of opinion does not relate to an existing fact
and cannot be the basis of a claim of fraud unless the person stating the
opinion has exclusive or superior knowledge of existing facts which are
inconsistent with such opinion.

To constitute fraud the misrepresentation [or omission] must be made
knowingly and intentionally, not as a result of mistake or accident; that
is, that the person either knew or should have known of the falsity of the
misrepresentation [or the false effect of the omission], or that he made
the misrepresentation [or omission] in negligent disregard of its truth or
falsity.

Finally to constitute fraud, the Plaintiff must prove that the Defendant
intended for the Plaintiff to rely upon the misrepresentation [and/or
omission]; that the Plaintiff did in fact rely upon the misrepresentation
[and/or omission]; and that the Plaintiff suffered injury or damage as a
result of the fraud.

In some cases [depending on the specifics of the case and the law] when it
is shown that a Defendant made a material misrepresentation [and/or
omission] with the intention that the Plaintiff rely upon it, then, under
the law, the Plaintiff may rely upon the truth of the representation, even
though its falsity could have been discovered had he made an investigation,
unless he knows the representation to be false or its falsity is obvious to
him.

In other cases, when it is shown that a Defendant made a material
misrepresentation [and/or omission] with the intention that the Plaintiff
rely upon it, the Plaintiff must prove that his reliance was justified.
If, in the exercise of reasonable care for the protection of his own
interests, the Plaintiff could have learned the truth of the matter by
making a reasonable inquiry or investigation under the circumstances
presented, but failed to do so, then it cannot be said that he
'justifiably' relied upon such misrepresentations [and/or omissions].

For injury or damage to be the result of fraud, it must be shown that,
except for the fraud, the injury or damage would not have occurred.

The word 'material' means that the subject matter of the statement [or
concealment] related to a fact or circumstance which would be important to
the decision to be made as distinguished from an insignificant, trivial or
unimportant detail. (e.g. re: insurance fraud - to be material, an
assertion [or concealment] must relate to a fact or circumstance that would
affect the liability of an insurer (if made during an investigation of the
loss), or would affect the decision to issue the policy, or the amount of
coverage or the premium (if made in the application for the policy).

Torts. Unlawfully, designedly and knowingly, to appropriate the property
of another without criminal intent. For example:

1. Every appropriation of the right of property of another is not fraud.
It must be unlawful; that is to say, such an appropriation as is not
permitted by law. Property loaned may, during the time of the loan, be
appropriated to the use of the borrower. This is not fraud, because it is
permitted by law.

2. The appropriation must be not only unlawful, but it must be made with a
knowledge that the property belongs to another and with a design to deprive
him of the same. It is unlawful to take the property of another; but if it
be done with a design of preserving it for the owners or if it be taken by
mistake, it is not done designedly or knowingly and, therefore, does not
come within the definition of fraud.

3. Every species of unlawful appropriation, not made with a criminal
intent, enters into this definition, when designedly made, with a knowledge
that the property is another's; therefore, such an appropriation, intended
either for the use of another or for the benefit of the offender himself,
is comprehended by the term.

4. Fraud, however immoral or illegal, is not in itself a crime or offence
for want of a criminal intent. It only becomes such in the cases provided
by law.

Contracts, Torts. Any trick or artifice employed by one person to induce
another to fall into an error or to detain him in it, so that he may make
an agreement contrary to his interest. The fraud may consist either,
first, in the misrepresentation or, secondly, in the concealment of a
material fact. Fraud, force and vexation, are odious in law. Fraud gives
no action however, without damage and in matters of contract it is merely a
defence; it cannot in any case constitute a new contract.

Fraud avoids a contract, ab initio, both at law and in equity, whether the
object be to deceive the public, third persons or one party endeavor
thereby to cheat the other.

The following is an enumeration of frauds for which equity will grant relief:
    1. Fraud, dolus malus, may be actual, arising from facts and
circumstances of imposition, which is the plainest case;

    2. It may be apparent from the intrinsic nature and subject of the
bargain itself; such as no man in his senses and not under delusion, would
make on the one hand and such as no honest and fair man would accept on the
other, which are inequitable and unconscientious bargains;

    3. Fraud, which may be presumed from the circumstances and condition
of the parties contracting;

    4. Fraud, which may be collected and inferred in the consideration of
a court of equity, from the nature and circumstances of the transaction, as
being an imposition and deceit on other persons, not parties to the
fraudulent agreement;

    5. Fraud, in what are called catching bargains, with heirs,
reversioners) or expectants on the life of the parents. This last seems to
fall under one or more of the preceding divisions.

Frauds may be also divided into actual or positive and constructive frauds.

An actual or positive fraud is the intentional and successful employment of
any cunning, deception or artifice used to circumvent, cheat or deceive
another.

By constructive fraud is meant such a contract or act, which, though not
originating in any actual evil design or contrivance to perpetrate a
positive fraud or injury upon other persons, yet by its tendency to deceive
or mislead them or to violate private or public confidence or to impair or
injure the public interests, is deemed equally reprehensible with positive
fraud and therefore is prohibited by law, as within the same reason and
mischief as contracts and acts done malo animo. Constructive frauds are
such as are either against public policy, in violation of some special
confidence or trust or operate substantially as a fraud upon private
right's, interests, duties or intentions of third persons; or
unconscientiously compromit or injuriously affect the private interests,
rights or duties of the parties themselves.

The civilians divide frauds into positive which consists in doing one's
self or causing another to do such things as induce a belief of the truth
of what does not exist, or negative, which consists in doing or
dissimulating certain things in order to induce the opposite party into
error or to retain him there. The intention to deceive, which is the
characteristic of fraud, is here present.

Fraud is also divided into that which has induced the contract and
incidental or accidental fraud. The former is that which has been the
cause or determining motive of the contract, that without which the party
defrauded would not have contracted, when the artifices practised by one of
the parties have been such that it is evident that without them the other
would not have contracted. Incidental or accidental fraud is that by which
a person, otherwise determined to contract, is deceived on some accessories
or incidents of the contract; for example, as to the quality of the object
of the contract or its price so that he has made a bad bargain. Accidental
fraud does not, according to the civilians, avoid the contract but simply
subjects the party to damages. It is otherwise where the fraud has been
the determining cause of the contract; in that case the contract is void.
   --B--
--------------

--------------
AMIGA license plate on his truck, for goodness sake. There is certainly an

-------------
billyboy DOES NOT have AMIGA on his truck license plate.
------------
element of fun about their efforts--and yes, they have tried. Fact is--and I know it's hard not to, considering "Amiga's past"--a lot of people have dumped on them, possibly making things harder for them at certain times (certainly turning mole hills into mountains at more than a few instances).
-----------
Ah so glad to hear from an "expert".





But the court case(s) decide, ultimately. Didn't they have 9 since 2001? Haven't heard much about the other 7 (I only know of two, specifically). Did they not win the others?

>McEwen, Moss, Peake, Akey should all be behind bars doing serious time
>instead of being made out to be some sort of great people.

No, they shouldn't. And they will not be. I don't believe people spend millions
------------
They will NOT be? How do you know? Are you familiar with wire fraud, and mail fraud?


Now, whether there is someone on the inside leaking info or plans, that might be another story worth taking precautions for.

--EyeAm
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 77 of 215ANN.lu
Posted by Anonymous on 18-Oct-2003 07:56 GMT
In reply to Comment 76 (Rich Woods):
> Now, whether there is someone on the inside leaking info or plans, that might
> be another story worth taking precautions for.

Right now, Amiga's little secret members only mailing list has been penetrated, they don't know who it is, but when it's revealed it will BLOW YOUR MIND!
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 78 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 08:01 GMT
In reply to Comment 75 (Johan Rönnblom):
Posted by Johan Rönnblom (193.11.248.17) on 18-Oct-2003 09:45:13

Hmm. On these documents, there is *no* signature by any AInc
representative. On the line where their (former) council, Diana S
-------------
Correct - the signatures are of Amiga's "lawyers" however.
------------
Shukis, is supposed to have signed, it says "approved telephonically",
and appears to be signed by - Richard J Hughes, Genesi's lawyer!
------------
Yep - along with an statement the facts are true and accurate.

Why is not only the court but also Genesi's defense "bending over
backwards" to give Amiga every possible chance? Why doesn't their
------------
No one has stated Genesi's lawyers are bending over backwards to give them every possible chance. The judge, however is.
----------
council appear in court? Have they agreed to receive court notices but
refused to actually spend any time on the case, because of another
"money soon" promise by Bill McEwen?
---------
Read the court docket info. They aren't there to receive court notices and NOT defend Amiga. Did you read the stipulation order?
--------
Is the reason Genesi agree to this that they think Amiga will once
again fail to meet the dates, with a default judgement already this
year as a result?

They agreed to this because there was a conference in the judge's chambers on the situation of Amiga's lawyers to move foward. That is why the stipulation order was signed!
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 79 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 08:20 GMT
In reply to Comment 76 (Rich Woods):
>May I ask what law and/or legal and/or business law you have studied?

Business Law.

>I know this will be WAY over your head but others might find it interesting.

You're quite the arrogant little shit, aren't you? :-)
Nothing you've posted was "WAY over" my head.

I've had my experiences relating to the processes of law, aiding police officers and lawyers; digging up charges; filing complaints with the State Attorney; and wading through legalese.

I understand the delays and certain practices, also--to respond to a thread earlier than yours, regarding McEwen's lawyer 'telephonically' causing the Genesi lawyer to sign-off on paperwork. It's not that uncommon, actually; and, apparently, not all that necessary for representation to always be present physically (some conduct business/appearances via conference calls right in the courtroom or during hearings or meetings).

Fact: Amiga will win.
Put that in your high-strung pipe and smoke it.

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 80 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 08:30 GMT
In reply to Comment 72 (JoannaK):
"Nice talk.. But good intentions don't make illegal actions legal. Even
if assuming their intentions have been good, and they have just been
so unlucky and incompetent."

White collar crime often starts with good intentions. However, I don't believe Amiga Inc thought "how can we swindle lots of customers". I think it was a matter of "how can we get a bit of cash in to last us until next month when the new financing deal goes through".

And then it didn't go through, and didn't go through, and didn't go through.

This is the kind of thing that happens when you base your business plan on borrowing money.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 81 of 215ANN.lu
Posted by Don Cox on 18-Oct-2003 08:35 GMT
In reply to Comment 76 (Rich Woods):
"Contracts, Torts. Any trick or artifice employed by one person to induce
another to fall into an error or to detain him in it, so that he may make
an agreement contrary to his interest. The fraud may consist either,
first, in the misrepresentation or, secondly, in the concealment of a
material fact. "

I think the Thendic-Amiga contract would fall into this category.

(The material fact being the planned development of a desktop PPC computer.)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 82 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 08:35 GMT
In reply to Comment 76 (Rich Woods):
>billyboy DOES NOT have AMIGA on his truck license plate.

Well, then, who's plate was that on the truck in the picture accompanying the narrative by Luca Diana (link in prior post, this page). This seemed to be personal trip to Snoqualmie by this person, who took pictures of the truck and plate, and met McEwen and the others. If you view that page, you view it all--even Bill McEwen kicking a gym bag (punching bag).

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 83 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 08:36 GMT
In reply to Comment 81 (Don Cox):
Amen. :)

Don rocks! :D

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 84 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 08:41 GMT
In reply to Comment 82 (EyeAm):
Posted by EyeAm (68.59.90.76) on 18-Oct-2003 10:35:03

In Reply to Comment 76:
>billyboy DOES NOT have AMIGA on his truck license plate.

Well, then, who's plate was that on the truck in the picture accompanying the narrative by Luca Diana (link in prior post, this page). This seemed to be personal trip to Snoqualmie by this person, who took pictures of the truck and plate, and met McEwen and the others. If you view that page, you view it all--even Bill McEwen kicking a gym bag (punching bag).
----------------
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.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 85 of 215ANN.lu
Posted by Johan Rönnblom on 18-Oct-2003 08:42 GMT
In reply to Comment 81 (Don Cox):
I'm not quite following here, which party would have stood for the
"concealment" in this case? AInc, Thendic, or both perhaps?

Not that I can see much reason why Thendic would have wanted to
conceal that they wanted to run "Amiga Anywhwere" on yet another
desktop, but neither do I understand what AInc would stand to win from
a "fraud" regarding this contract.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 86 of 215ANN.lu
Posted by DaveP on 18-Oct-2003 08:43 GMT
In reply to Comment 74 (Bill Hoggett):
@Bill

I cant say I agree with you, but respect your views and opinions in general. However 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.

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.

However, you clearly see that saying that someones views fit AmigaWorld as some kind of insult, I do not.

I also do not agree with all of his views, or his means of expressing them, nor think he would necessarily go unmoderated on AmigaWorld ( whereas he has here ) and nor do I agree with all of the opinions on AmigaWorld or expressed in that moderation thread.

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

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

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?

Interesting.

Dave.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 87 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 08:47 GMT
In reply to Comment 81 (Don Cox):
Posted by Don Cox (Trusted user) on 18-Oct-2003 10:35:01

In Reply to Comment 76:
"Contracts, Torts. Any trick or artifice employed by one person to induce
another to fall into an error or to detain him in it, so that he may make
an agreement contrary to his interest. The fraud may consist either,
first, in the misrepresentation or, secondly, in the concealment of a
material fact. "

I think the Thendic-Amiga contract would fall into this category.
-------------

Are you saying that billyboy signed a contract and did not have his err "legal department" review it?

Was a gun placed to his head and a pen thrust in his hand?

Are you saying there is FRAUD by Genesi in forcing billyboy to sign this contract?

If so why was not the defense of fraud brought out in Amiga's answers to the lawsuit?

Well one answer might be there was no fraud on either side so it would be ludicrous to bring this out as a defense. Especialaly when 10 months have already gone by and this was never mentioned.

Try reading the cntract again - it really is relatively straight foward.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 88 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 08:50 GMT
In reply to Comment 76 (Rich Woods):
>They will NOT be? How do you know? Are you familiar with wire fraud, and
>mail fraud?

I'm familiar with something higher than the law: Truth. :)

As far as the statement to which you applied your "expert" comment, I was referring to certain individuals from Moobunny and Amiga.org--some of which are currently singing high praises. But you see, they have consistently not helped matters. And what goes around, comes around. :-P~~~

--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 89 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 08:51 GMT
In reply to Comment 84 (Rich Woods):
Avoiding answering? :)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 90 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 08:53 GMT
In reply to Comment 83 (EyeAm):
Posted by EyeAm (68.59.90.76) on 18-Oct-2003 10:36:24

In Reply to Comment 81:
Amen. :)

Don rocks! :D

And everything is "on schedule and rockin'". (I know YOU'LL believe that one!)

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?

In your intial pleading? 10 months later? From reading the contract at what point (and/or what clause do you find to be "fraudulent"?

Please "not everything" or some flippant answer - you're supposed to show us you can retain the essential ability to think and reason. (Or at least most of us would expect such.)
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 91 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 08:56 GMT
In reply to Comment 85 (Johan Rönnblom):
Posted by Johan Rönnblom (193.11.248.17) on 18-Oct-2003 10:42:01

In Reply to Comment 81:
I'm not quite following here, which party would have stood for the
"concealment" in this case? AInc, Thendic, or both perhaps?

Not that I can see much reason why Thendic would have wanted to
conceal that they wanted to run "Amiga Anywhwere" on yet another
desktop, but neither do I understand what AInc would stand to win from
a "fraud" regarding this contract.
-------------------
If Amiga PROVED fraud it would invalidate the contract. After 10 months they have not brought out any allegations of fraud.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 92 of 215ANN.lu
Posted by Anonymous on 18-Oct-2003 08:58 GMT
In reply to Comment 47 (Darrin):
"I've tried debating you before, but you have a habbit of ignoring my awkward posts. It seems however that I'm starting to provoke a response at last. Good. I'm glad to see I'm getting results..."

Where'd you steal that quote from, the Trollers Guide?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 93 of 215ANN.lu
Posted by Amon_Re on 18-Oct-2003 08:59 GMT
In reply to Comment 24 (Christian Kemp):
Well, some of us in the "red" camp still have respect for you :)

Cheers
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 94 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 09:01 GMT
In reply to Comment 90 (Rich Woods):
>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]


--EyeAm
http://s87767106.onlinehome.us
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 95 of 215ANN.lu
Posted by Anonymous on 18-Oct-2003 09:01 GMT
In reply to Comment 79 (EyeAm):
>> May I ask what law and/or legal and/or business law you have studied?

> Business Law.

Either you, or your brother, is lying. You DO know Multiview, right?
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 96 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 09:01 GMT
In reply to Comment 89 (EyeAm):
Posted by EyeAm (68.59.90.76) on 18-Oct-2003 10:51:46

In Reply to Comment 84:
Avoiding answering? :)

--------------
No - what is this? The 3rd time?

billyboy DOES NOT have AMIGA on his truck license plate.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 97 of 215ANN.lu
Posted by Johan Rönnblom on 18-Oct-2003 09:02 GMT
On second thoughts, I do see the reason why AInc would want to hide
their involvement with a PPC desktop project. Of course, it's less
attractive for other companies (such as Thendic) to sign a contract
with an OS provider which is also in direct competition with their own
hardware, rather than a pure software company, which was what AInc
wanted people to believe they were, at the time.

Still, this is hardly "fraud", even if I can understand it if Genesi
felt a little cheated when AInc's involvement in a rivalling project
was revealed.
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 98 of 215ANN.lu
Posted by Rich Woods on 18-Oct-2003 09:04 GMT
In reply to Comment 88 (EyeAm):
Posted by EyeAm (68.59.90.76) on 18-Oct-2003 10:50:19

In Reply to Comment 76:
>They will NOT be? How do you know? Are you familiar with wire fraud, and
>mail fraud?

I'm familiar with something higher than the law: Truth. :)

Yeah - and the truth will set you <A HREF="http://www.merlancia.us/sounds/truth.wav">free</A>
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 99 of 215ANN.lu
Posted by Amon_Re on 18-Oct-2003 09:06 GMT
In reply to Comment 43 (Rich Woods):
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)

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.

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

Cheers
Thendic-Amiga Lawsuit - Amiga Wins Trial Delay Until March 1, 2004! GOOD NEWS FOR AMIGA! : Comment 100 of 215ANN.lu
Posted by EyeAm on 18-Oct-2003 09:07 GMT
In reply to Comment 95 (Anonymous):
>In Reply to Comment 79:
>>> May I ask what law and/or legal and/or business law you have studied?

>> Business Law.

>Either you, or your brother, is lying. You DO know Multiview, right?

Um...excuse me? "lying" about what?

Of course I know 'Multiview' (it's one of my youngest brother's many handles, including 'Amazing', 'Michelle' (where he screwed with other Amigans' minds on IRC))

--EyeAm
http://s87767106.onlinehome.us
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