| [News] Latest Thendic-Amiga Court Docs - St. Martin? More Funding? | ANN.lu |
| Posted on 02-Dec-2003 12:41 GMT by Rich Woods | 132 comments
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The Latest Court Docs in the Thendic Amiga court case are available.
Bill McEwen in St. Martin expecting Funding (April 16, 2003)? More Amiga subtrefuge?
Latest Court Docs here!
Has Bill McEwen been in St. Martins on April 16th 2003 awaiting the funding that is "just around the corner"?
E-mails from Bill McEwen included in this court documentation.
April 18th, 2003 - Bill McEwen - "in touch with the finance people - everything looks good".
Money at the end of the week (April 18th, 2003). Problems with the web site"
"The money is coming, it is closing, and this will be settled. (April 18th, 2003)."
<Get the documents Here
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 1 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 11:46 GMT | | Do not attempt to access through public proxy or you will get a message directed toward Ryan and merlancia! :D |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 2 of 132 | ANN.lu |
| Posted by Rich Woods on 02-Dec-2003 11:57 GMT | Amiga's president, Bill McEwen has engaged in improper ex parte conduct with this Court. It's letter dated November 10th, 2003 was not served on Plantiff's counsel. Plantiff's counsel became aware only by reviewing an email link to the file.<P>
It appears the the links provided by Rich Woods were instrumental in informing the Plantiff's of the impending McEwen document.<P> |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 3 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 12:01 GMT | In reply to Comment 2 (Rich Woods):
lol! |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 4 of 132 | ANN.lu |
| Posted by Rich Woods on 02-Dec-2003 12:13 GMT | In reply to Comment 1 (Anonymous):
Posted by Anonymous (80.58.3.239) on 02-Dec-2003 12:46:06
Do not attempt to access through public proxy or you will get a message directed toward Ryan and merlancia! :D
---------------------
Please be precise? What are you talking about? |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 5 of 132 | ANN.lu |
| Posted by redrumloa on 02-Dec-2003 12:14 GMT | | You don't get any more plain english than that. Thanks for the document Rich. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 6 of 132 | ANN.lu |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 7 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 12:25 GMT | Most interesting. Either someone is incompetent as hell, or plain lying.
Also quite funny that such restrictive clause at the end of the email has no significance after all. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 8 of 132 | ANN.lu |
| Posted by Emeric SH on 02-Dec-2003 12:28 GMT | In reply to Comment 2 (Rich Woods):
Does it have any consequences? |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 9 of 132 | ANN.lu |
| Posted by Matt Parsons on 02-Dec-2003 12:32 GMT | In reply to Comment 8 (Emeric SH):
Yeah, Could someone please write up a summary and analysis here for me, please. :-D |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 10 of 132 | ANN.lu |
| Posted by Robert on 02-Dec-2003 12:40 GMT | In reply to Comment 2 (Rich Woods):
Got your 15 minutes of fame then.... ;-) |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 11 of 132 | ANN.lu |
| Posted by Emeric SH on 02-Dec-2003 12:42 GMT | In reply to Comment 9 (Matt Parsons):
It's a rather entertaining document (read it through), just wanted to know if the "improper ex parte contact", namely not letting Thendic's counsel know about the letter may or may not have any consequences, as I'm pretty weak in US law. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 12 of 132 | ANN.lu |
| Posted by Matt Parsons on 02-Dec-2003 12:46 GMT | In reply to Comment 11 (Emeric SH):
Every time I try and open it, I get "Error: Not a PDF Document" :-( |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 13 of 132 | ANN.lu |
| Posted by anonymous on 02-Dec-2003 13:03 GMT | And how will this help Genesi getting the AmigaDE on the Pegasos. That's what this lawsuit is all about, remember?
This only looks like another attempt to damage the Amiga name and Bll McEwen personally. Amiga has bad financials? So? We have known this for over a year already!
Jesus, if this were the tactics of Microsoft you guys would all be screaming faul. Unbelievable how much so many vocals here have suck. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 14 of 132 | ANN.lu |
| Posted by anonymous on 02-Dec-2003 13:08 GMT | | Amazing how easily confidental emails can be spread over the internet. Next time will Thendic be spreading secretly taken pictures of Amiga employees taking a showers as "proof" to court publicly? |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 15 of 132 | ANN.lu |
| Posted by Emeric SH on 02-Dec-2003 13:09 GMT | In reply to Comment 13 (anonymous):
The good thing is, that at least the anonymous users hold the line. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 16 of 132 | ANN.lu |
| Posted by Emeric SH on 02-Dec-2003 13:13 GMT | " Jesus, if this were the tactics of Microsoft you guys would all be screaming faul. Unbelievable how much so many vocals here have suck."
Please note, that all the above is in reaction to the delaying tactics. Thendic wants decision the sooner the better, preferably letting them have AmigaDE. Amiga Inc sent in a letter asking for a 60 day delay with (presumably) bogus reasons.
In the above document it was just simply pointed out, that it is a repeated and presumably misguiding attemt, and reference was provided to similar cases. If someone discredits Amiga Inc, it's Bill McEwen himself. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 17 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 13:20 GMT | In reply to Comment 4 (Rich Woods):
> Please be precise? What are you talking about?
The public http proxy I use is banned from your site and gives me a "Go F*** yourself Christy, Ryan and merlancia!" message :D
No bother, I was able to work around it, but it just struck me as funny :) |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 18 of 132 | ANN.lu |
| Posted by anonymous on 02-Dec-2003 13:23 GMT | In reply to Comment 16 (Emeric SH):
And how do you know that Bill McEwen has not told the truth all along and that financials did look to be right around the corner for ages? That kind of proof would be interesting, not this crap.
We already know that the Bolton case defaulted due to lack of funding. Likely the money used now for funding the lawyers has priority at this point for Amiga Inc and maybe Bolton could have been paid earlier if not for this stupid Genesi/Thendic lawsuit. Yet you see these Buck as a hero for wasting valuable resources for both companies.
And why should I make up some fake anonymous nick like many people posting here? What would reall make the difference? |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 19 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 13:28 GMT | In reply to Comment 18 (anonymous):
@anonymous (217.122.242.138)
Hi Fleecy! |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 20 of 132 | ANN.lu |
| Posted by Emeric SH on 02-Dec-2003 13:29 GMT | In reply to Comment 18 (anonymous):
"And how do you know that Bill McEwen has not told the truth all along and that financials did look to be right around the corner for ages?"
That won't change the Plaintiffs suggestion of it being repeated and misguiding. Chances are this one is not an inch different from the previous ones. Simple.
What is your problem, exactly? :) |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 21 of 132 | ANN.lu |
| Posted by priest on 02-Dec-2003 13:31 GMT | I thought that stuff is boring and idiotic .... so I read it. ?? ;-P ??
but, what the *ell ..., I'm laughing??? at what?
It seems so desperate that it makes me laugh??? perhaps so, go figure. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 22 of 132 | ANN.lu |
| Posted by anonymous on 02-Dec-2003 13:37 GMT | In reply to Comment 20 (Emeric SH):
The problem I have with this lawsuit is it seems bogus since its beginning. Likely Thendic/Genesi thought it was going to default. The Genesi approach seems more to be aimed at destroying Amiga than to get the AmigaDE on the Pegasos as is claimed.
Anonymous (65.248.166.34)
Hello Bill Buck. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 23 of 132 | ANN.lu |
| Posted by JP on 02-Dec-2003 13:37 GMT | Dr Kouri is, I believe, Pentti Kouri and the investor is his company
Invisible Hand
"Invisible Hand is a private fund and business incubator for wireless, internet platform, and digital enabling technology companies from around the world. It has offices in New York, Helsinki, Finland, and Osaka, Japan. "
Jari |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 24 of 132 | ANN.lu |
| Posted by Wayne Hunt on 02-Dec-2003 13:40 GMT | In reply to Comment 14 (anonymous):
> Amazing how easily confidental emails can be spread over the internet.
> Next time will Thendic be spreading secretly taken pictures of Amiga
> employees taking a showers as "proof" to court publicly?
1) The footer on the bottom of the Amiga Inc e-mails is merely a request. Since you do not sign any confidentiality agreement prior to receiving the e-mail, it has absolutely zero legal standing.
2) Thendic has nothing to do with spreading the e-mails. The lawyer in this case placed the e-mails into the court records to support his position. This is perfectly legitimate and even expected I know you have no idea how a court works, but you cannot say something to a judge without presenting evidence to back up your claims. Said e-mails are the evidence to support the position of the attorney.
3) Rich Woods does not work for Amiga, Thendic, or Genesi.
Therefore, neither Thendic nor Genesi has anything to do with the spread of these e-mails on the Internet.
Wayne |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 25 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 13:42 GMT | In reply to Comment 17 (Anonymous):
Works here:
80.58.3.239:8000
But you must be a Telefonica customer or proxy rejects your access. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 26 of 132 | ANN.lu |
| Posted by Emeric SH on 02-Dec-2003 13:42 GMT | In reply to Comment 22 (anonymous):
"The problem I have with this lawsuit is it seems bogus since its beginning."
That is plausible, yet you expressed your concerns regarding the current issue - which is not (as you erroneusly assumed) about the financial status of Amiga Inc, as it's about the repeated requests for delay. I can't see anything sinister here. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 27 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 13:50 GMT | In reply to Comment 25 (Anonymous):
> Works here:
> 80.58.3.239:8000
that's not my proxy, it's 81.40.147.255:80
> But you must be a Telefonica customer
Roadrunner. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 28 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 13:58 GMT | In reply to Comment 23 (JP):
"After a loss of Fm 475 million in the first eight months of 1991, Skopbank became the first bank taken over by the central bank. The number of savings banks decliced from 275 to 86. The remaining were consolidated into the Saastopankki Suomi (Savings Bank of Finland).
Kansallis-Osake-Pankki (KOP) experienced losses of Fm 250 milion in currency market speculation and another Fm 270 million in dealings with a single Finnish investor, Pentti Kouri."
Pages 25-26 of http://fic.wharton.upenn.edu/fic/papers/98/9805.pdf
Amiga Inc is in good hands. Honest. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 29 of 132 | ANN.lu |
| Posted by Amiga on 02-Dec-2003 13:58 GMT | In reply to Comment 27 (Anonymous):
Thanx. But I still can't find any special message. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 30 of 132 | ANN.lu |
| Posted by We are here! on 02-Dec-2003 14:03 GMT | This is the IP of Raquel and Bill for the last month.
R&B |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 31 of 132 | ANN.lu |
| Posted by redrumloa on 02-Dec-2003 14:07 GMT | In reply to Comment 22 (anonymous):
> Anonymous (65.248.166.34)
> Hello Bill Buck.
Nope it was me, I just forgot to type my name. Lighten up already, you are too up tight. It was a joke. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 32 of 132 | ANN.lu |
| Posted by wish i would never come here on 02-Dec-2003 14:11 GMT | | this is my current ip |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 33 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 14:13 GMT | In reply to Comment 29 (Amiga):
Yea, I don't get the message now either. But it was there, i swear! :D
Hope RW didn't reenable this one address just for my sake. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 34 of 132 | ANN.lu |
| Posted by kalmar on 02-Dec-2003 14:21 GMT | Why doesn't Amiga Inc just go bust? Looking at those documents, surely there is no hope of rescue.. it's a zombie!
It's sad, but why drag it out, surely that just makes things worse? |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 35 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 14:27 GMT | In reply to Comment 34 (kalmar):
If you personally invested 4 million into a company, would you walk away from it, or just let it limo in the hopes it makes a bit of that money back.
Remember, the cost of staying in limbo is zero. What incentive is there to go bankrupt? |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 36 of 132 | ANN.lu |
| Posted by kalmar on 02-Dec-2003 14:29 GMT | In reply to Comment 35 (Anonymous):
But what's going to happen - won't he be forced to liquidate if Genesi win this trial? And isn't managing a $4,000,000 debt going to be a bit stressful? |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 37 of 132 | ANN.lu |
| Posted by kalmar on 02-Dec-2003 14:30 GMT | | Anyway if there was any hope of Bill securing funding, it's gone now - it won't be long before some troublemaker or litigeous party has emailed a link to this Koura, whoever he is! |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 38 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 14:32 GMT | In reply to Comment 36 (kalmar):
There's nothing to liquidate. Bankruptcy isn't favorable to anyone, not even the people owed money. it's not even favorable to genesi for Amiga to be bankrupt. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 39 of 132 | ANN.lu |
| Posted by Emeric SH on 02-Dec-2003 14:36 GMT | In reply to Comment 35 (Anonymous):
"Remember, the cost of staying in limbo is zero. What incentive is there to go bankrupt?"
Not quite. Having a company running usually costs a lot - that's where income comes into place. No income - debts raising. And raising, and raising... |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 40 of 132 | ANN.lu |
| Posted by Johan Rönnblom on 02-Dec-2003 14:48 GMT | In reply to Comment 38 (Anonymous):
I take it you don't think burglars should be put behind bars either,
if they already shifted the loot and spent the money, so that they
can't pay back?
No, it's true, AInc probably won't be able to pay their huge debts if
they're put in bankruptcy. But at least it will prevent them from
screwing even more people! |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 41 of 132 | ANN.lu |
| Posted by Fabio Alemagna on 02-Dec-2003 14:51 GMT | In reply to Comment 24 (Wayne Hunt):
> 1) The footer on the bottom of the Amiga Inc e-mails is merely a request. Since
> you do not sign any confidentiality agreement prior to receiving the e-mail, it
> has absolutely zero legal standing.
If the mail was meant to be private, that is if the sender sent it to a well defined person without giving the explicit consensus to spread it around, then, here in Italy, it doesn't even take that disclaimer to mark it as "confidential", it is as such by law, and its content cannot be spread around.
I'm sure such laws exist in other countries as well, if not in USA. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 42 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 15:01 GMT | In reply to Comment 40 (Johan Rönnblom):
> I take it you don't think burglars should be put behind bars either,
> if they already shifted the loot and spent the money, so that they
> can't pay back?
Bankruptcy isn't a "punishment", in fact, bankruptcy is a tool to "get OUT of" paying what you owe! A company with no assets has no reason to go bankrupt, other than to protect "itself", the creditors get absolutely *nothing* from the liquidation of a company with no assets.
> No, it's true, AInc probably won't be able to pay their huge debts if
> they're put in bankruptcy.
Like I said, bankruptcy does not benefit creditors, it benefits the company, enabling them to legally get OUT from under the creditors.
> But at least it will prevent them from screwing even more people!
Nothing prevents that, they could form a new company tomorrow, legally free of the previous debt thanks to bankruptcy. AmigO Inc anyone?
Don't get me wrong, I'm not an Amiga apologist, but it seems many don't know exactly what bankruptcy IS! it's for the protection of those that are going bankrupt, not the ones owed by those same. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 43 of 132 | ANN.lu |
| Posted by Fabio Alemagna on 02-Dec-2003 15:15 GMT | In reply to Comment 41 (Fabio Alemagna):
> I'm sure such laws exist in other countries as well, if not in USA.
Besides, it doesn't even take a special law to tackle issues like these, the plain and simple copyrights law applies. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 44 of 132 | ANN.lu |
| Posted by Amon_Re on 02-Dec-2003 15:19 GMT | Here we go again... *sigh* Wake me up when there's a decision from the judge
Cheers |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 45 of 132 | ANN.lu |
| Posted by MarkTime on 02-Dec-2003 15:19 GMT | In reply to Comment 38 (Anonymous):
Bankruptcy is favorable to creditors. Now, with that said, none have forced Amiga, Inc. into bankruptcy so far, indicating that perhaps they agree with you in this case.
That the costs of forcing them into bankruptcy, could not be recouped by liquidating their remaining assets (which is probably limited to whatever IP they own)...then I don't see someone trying to force a chapter 7.
I wouldn't do it either, unless by liquidating that IP it had an ancillary benefit to me.
But anyway, I've lost so much interest in this subject, I didn't even read the latest court docs yet.
I mean, I'm glad for the information service Rich is providing, as always, but when is this saga going to end already? |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 46 of 132 | ANN.lu |
| Posted by Ferry on 02-Dec-2003 15:23 GMT | In reply to Comment 38 (Anonymous):
Anonymous (80.58.3.239) said:
"There's nothing to liquidate. Bankruptcy isn't favorable to anyone, not even the people owed money."
There is something left even if bankrupcy occurs: Intellectual Property. Trademarks, patents, sources, logos, etc. would be put up for auction. Debitors would even ask to be paid in form of IP instead of money.
Now is up to each one to think who would be benefit from this situation...
Saluditos,
Ferrán |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 47 of 132 | ANN.lu |
| Posted by Amon_Re on 02-Dec-2003 15:26 GMT | In reply to Comment 46 (Ferry):
Heh
Cheers |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 48 of 132 | ANN.lu |
| Posted by Anonymous on 02-Dec-2003 15:28 GMT | In reply to Comment 46 (Ferry):
> There is something left even if bankrupcy occurs: Intellectual Property. Trademarks, patents, sources, logos, etc. would be put up for auction.
not if Amiga only licenses these from gateway... |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 49 of 132 | ANN.lu |
| Posted by MarkTime on 02-Dec-2003 15:30 GMT | In reply to Comment 43 (Fabio Alemagna):
whoa slow the legal train down, people.
copyright doesn't prevent fair use. And who are you going to go after.
If I copy it once and someone else copies it again, and another again.
You have a thousand copies, each one produced by a thousand different people.
This isn't someone publishing a book, it's email.... if I forward an e-mail and don't retain the original, then I haven't copied it anyway. Remember, again. it's about 'copying'...that is why copyright doesn't apply, becasue people are not publishing e-mails, its a different concept.
Copyright violations can be taken up in civil court, and what damage are you going to show? Amiga, Inc. had a subscription e-mail service or soemthing? LOL, I wouldn't put it past them.
These legal disclaimers at the end of e-mails are not agreements, as Wayne said, they are mere suggestions, or legal hocus pocus, designed to intimidate or scare someone.
At most, you could say, that someone did something in 'poor taste'.
Forget about the LAW. Do you want to hire a lawyer and spend two years in court trying to recoup a loss on an e-mail?
There is the law, and there is reality. You send an e-mail to me, its in the public domain. Just as you can put a disclaimer for privacy, I just made a public disclaimer going the other way. Publishers do it all the time, unsolicited material will become the property of the publisher. As its now my property, I will exercise my right to release it into the public domain.
More legal hocus pocus.
I did very much engage in all these legal type discussions some years ago, but now I want to remind the community that the world really operates on good taste and value systems.
Once you have to go to court EVERYONE LOSES.
If you need the law to figure out how to read an e-mail or who you can send it to, you are in sad shape.
that comment was not directed at the original comment maker...I am just off on a tangenet, and sorry to see this fine community starting to go haywire with the legal stuff.
I contributed to the problem. I admit. But it needs to end. |
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| Latest Thendic-Amiga Court Docs - St. Martin? More Funding? : Comment 50 of 132 | ANN.lu |
| Posted by Fabio Alemagna on 02-Dec-2003 15:33 GMT | In reply to Comment 49 (MarkTime):
> copyright doesn't prevent fair use.
Here it's obviously not fair use. Fair use would be quoting some parts of the email, certainly not the whole email.
But, as said, some countries, most of them I'd say, have special laws which protect (e)mails from such abuses. |
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