| [News] 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case | ANN.lu |
| Posted on 21-Dec-2003 02:32 GMT by samface | 250 comments
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There are 4 new filings in the civil docket for the Thendic Electronics, et al v. Amiga Inc case, including:
RESPONSE by Defendant Amiga Inc. (Entered: 12/19/2003)
AMENDED REPLY to Response to Motion filed by Plaintiffs (Entered: 12/16/2003)
DECLARATION of Bill Buck filed by Plaintiff Thendic Electronics Components (Entered: 12/16/2003)
ORDER by Judge Robert S Lasnik granting in part 31 Plaintiffs' Motion for Summary Judgment. (Entered: 12/19/2003)
A highlight from the latest ruling by Judge Lasnik:
Defendant's counterclaim is hereby dismissed for failure to prosecute. However, the Court declines to rule on plaintiffs' request for specific performance at this time. Plaintiffs' motion for summary judgment is renoted for 1/16/2004. Plaintiffs shall have until Monday, January 12, 2004 to submit a memorandum in response to the issues and concerns raised in this Order. Defendant, if and only if it retains counsel in the interim, may file a reply memorandum no later than 4:30 p.m. on Thursday, January 15, 2004. No extensions shall be given.
Visit the Civil Docket for the Thendic Electronics, et al v. Amiga Inc case here.
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 1 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 02:25 GMT | i wonder what's been left out??? a ruling in favor of teh blue trolls cna onyl be BOGUS FUD!!!! fud mongererereors! how much si buck payying yuo spamfaece???? teh judge si a gensei lackey!!!!
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You know, I'm sorry, but I can't take theese documents seeriously, you know. You know. Unless I get a DNA sample from that judge, who might as well bee fictitious, I'll remain beeing suspicious, you know. Instead I'll complain and whine and allege that the documents have been altered instead of taking them at face value or simply order them myself from the court, you know. Well, you know, I'll eeventually get off my ass and order them and seeee for myself that I've been wrong, an annoying prick and behaving like a goddamn down's syndrome patient all the time, but you know, you won't get an apology out of me, you know. You know.
--
AmigaOne! - Because I'm a flaming retard who thinks it's clever to suffix a trademark and a nonsensical slogan to every post I make! |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 2 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 02:38 GMT | "Defendant's counterclaim is hereby dismissed"
Well, Genesi is in the clear. Now we're just waiting to see what happens with the other side... |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 3 of 250 | ANN.lu |
| Posted by STRICQ on 21-Dec-2003 02:38 GMT | You forgot to include the part where the judge states that the PegasOS could not be added to the original contract without Amiga Inc.'s permission and his belief that no such permission was ever given. So the PegasOS bit is really bogus.
The part about putting DE on their CE device is really also bogus because it was contracted to run ... Windows CE. But it was never able to do that (I don't know why). BB is claiming the device was not released because DE was never brought on board, but Thendic apparently never got CE to run on it (for whatever reason) and thus it was quite impossible to get DE to run on a non-existent OS. Reading BB's statement, he conveintly forgets to mention that the portable CE device never had CE running. Looks like a lie of omission to the judge to me... |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 4 of 250 | ANN.lu |
| Posted by bbrv on 21-Dec-2003 03:33 GMT | In reply to Comment 3 (STRICQ):
Hi STRICQ, that is absolutely not true. The fact is that the Smart Boy -- as expensive as it was to produce -- worked enough to run DE if DE had existed. DE was supposed to run on CE. It did not. Does it now? Frankly either way, it is now irrelevant. The time for that was then not now.
The final issue that remains can be distilled to this issue: is the Pegasos entitled to work with DE under the agreement. Yes or no? We argue yes, because it is a "future" product produced under the terms of the agreement. Amiga Inc.'s perspective falls to the contrary. This argument rests on final approval still being determined through the consent of Amiga. The issue _in the end_ will be whether or not withholding consent is "reasonable" or not.
The burden is now on us to overcome the Judge's final concerns.
This is due process.
Ultimately, the Judge will render a decision and his opinion will be the only opinion that matters. We do not intend to appeal a decision found against a Pegasos DE port. We will make the best case we can and are fully prepared to accept the decision -- whatever the verdict.
Sincerely,
R&B |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 5 of 250 | ANN.lu |
| Posted by James Carroll on 21-Dec-2003 03:47 GMT | In reply to Comment 4 (bbrv):
I havent been following the case closely, but from the comments here, it sounds like the case is pretty 50/50. It could go either way. No side is really right or wrong, but both sides are in the grey. Anyway, what I want to ask is this.. why has Amiga Inc used so many delay tactics when they're clearly able to win this case? I'm not saying they will or wont, but its definately winnable for them, so why the delay tactics? |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 6 of 250 | ANN.lu |
| Posted by James Carroll on 21-Dec-2003 06:37 GMT | @samface
I cant access the site in the "read more.." section. Is it down or an incorrect url or..? I'd like to read up on this. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 7 of 250 | ANN.lu |
| Posted by Hygen on 21-Dec-2003 08:23 GMT | In reply to Comment 3 (STRICQ):
How serious can we take a guy who can't even spell the name of the product he is talking about?
Ah, STRICQ is your name, lost any credibility anyway. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 8 of 250 | ANN.lu |
| Posted by Don Cox on 21-Dec-2003 08:46 GMT | In reply to Comment 4 (bbrv):
"DE was supposed to run on CE. It did not. Does it now?"
The game packs that were on sale ran on Windows CE. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 9 of 250 | ANN.lu |
| Posted by Don Cox on 21-Dec-2003 08:47 GMT | In reply to Comment 5 (James Carroll):
"why the delay tactics?"
Probably because Amiga Inc has no money to pay a lawyer. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 10 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 09:38 GMT | | Funny that we haven't heard a peep from Rich, he's usually the first with courtside news. I guess this bit of news does not fit into his "Amiga Inc are criminals" agenda? |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 11 of 250 | ANN.lu |
| Posted by JoannaK on 21-Dec-2003 09:41 GMT | In reply to Comment 10 (Anonymous):
Most likely he has some real life and just don't have time to check those court filings on daily (or hourly) basis. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 12 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 10:11 GMT | In reply to Comment 11 (JoannaK):
Well, he does have a busy schedule, all that stalking AInc employees takes time. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 13 of 250 | ANN.lu |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 14 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 11:16 GMT | In reply to Comment 4 (bbrv):
bbrv said: "The fact is that the Smart Boy worked enough to run DE if DE had existed. DE was supposed to run on CE. It did not."
LIARS!!! AmigaDE runs on WindowsCE! Go see the game pack sold on MS site!! :-DDD |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 15 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 11:31 GMT | In reply to Comment 4 (bbrv):
Read this interesting excerpt...
[...] Looking to the definitions provided in 3.1, the term "thendic products" is defined to mean "all devices developed, manufactured or sold by thendic either presently or anytime during the course of this agreement into which the license software is installed. A list of the currently existing thendic products is attached as appendix A." [...] The possibility that Pegasos was not, at the time the licensing agreement became effective, a "thendic product" is confirmed by appendix A. The list of current thendic products as defined in section 3.1 of the OEM software license agreement" does not include pegasos. While it is true that a number of provisions in the contract contemplate additions to the list of "thendic products", there is no indication that the license would automatically cover all future products. To the contrary, appendix A specifies that the list of covered products can be expanded only "with the consent of Amiga." [...]
What do you think? ;-) |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 16 of 250 | ANN.lu |
| Posted by John on 21-Dec-2003 12:15 GMT | In reply to Comment 10 (Anonymous):
Amiga Inc are criminals and thats a fact so Rich is right to expose the filth in this community, if Amiga users would stop brown nosing these companies might vanish.
Here is a good example of the normal Amigans.
Amiga companies screw Amiga users then getting defended by Amiga users
Amiga companies screw Amiga users then getting defended by Amiga users
Amiga companies screw Amiga users then getting defended by Amiga users
And on and on and on. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 17 of 250 | ANN.lu |
| Posted by smithy on 21-Dec-2003 12:22 GMT | In reply to Comment 5 (James Carroll):
>I havent been following the case closely, but from the comments here, it
>sounds like the case is pretty 50/50. It could go either way.
That's my interpretation of it too. We'll see what happens in mid-January! |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 18 of 250 | ANN.lu |
| Posted by André Siegel on 21-Dec-2003 12:23 GMT | In reply to Comment 14 (Anonymous):
> LIARS!!! AmigaDE runs on WindowsCE! Go see the game pack sold
> on MS site!! :-DDD
As confusing as this may seem, Windows CE is *not* identical to the "PocketPC 2002" operating system. (In the same way as Windows98 is not identical to Windows2000.)
Furthermore, if you check Amiga Inc.'s website, you will notice that the system requirements for their Game Pack #1 mention PocketPC and PocketPC2002. Right now, WindowsCE is not mentioned at all.
The latest PDA operating system from Microsoft is called "Windows Mobile 2003", by the way. (Obviously, they made another change of their naming scheme.) |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 19 of 250 | ANN.lu |
| Posted by John Block on 21-Dec-2003 12:40 GMT | The definition of "devices" is relevent
A computer may or may not be a device. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 20 of 250 | ANN.lu |
| Posted by Troels E on 21-Dec-2003 12:41 GMT | Thanks for posting this Samface, surely didn't fit Richieboy's agenda.
Hopefully this courtcase madness will soon be over (no matter who wins..). |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 21 of 250 | ANN.lu |
| Posted by Kronos on 21-Dec-2003 12:49 GMT | In reply to Comment 20 (Troels E):
That never stopped Rich from posting ALL papers no matter wether good or bad
for AInc (I don't see how the judge dismissing AInc's counterclaim can be seen
as positive, and the rest is just another delay).
Maybe it is just that Rich is on Christmas-vacation. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 22 of 250 | ANN.lu |
| Posted by Daniel Miller on 21-Dec-2003 13:33 GMT | It is just a shame that the judge would not end all this now, and instead pushed things forward to mid-January 2004. At least he put an end to Amiga Inc.'s counterclaim. That leaves the claim of Genesi against Amiga Inc.
The judge appears to be playing devil's advocate by postulating that Amiga Inc. could argue persuasively that the Pegasos doesn't have to be added to the group of devices that the contract mandates Amiga Inc. must port DE to. However the subsection states that Amiga Inc. shall not "unreasonably" withhold DE from whatever device Genesi comes up with. There is no section of the contract that says these devices must be Windows CE devices.
Is it "reasonable" for Amiga Inc. to withhold DE from the Pegasos? Well, they don't want to because they consider Genesi a competitor, but Amiga Inc. by itself is not really a competitor to Genesi. Amiga Inc. plus Eyetech plus Hyperion is a competitor to Genesi. But Amiga Inc. also has a potentially profitable ($4.50 per unit) relationship with Genesi espoused by this contract, so are they really competitors? And even if they had come to be competitors, does that nullify the contract for Pegasos as a DE device, because that would be "unreasonable" to Genesi, who entered into a contract based on the expectation that Amiga Inc. would support their products, with neither foreseeing the current red/blue situation with all its variables. By agreeing to take on the costs and effort of porting Amiga DE to Pegasos themselves, Genesi has made such a proposition more "reasonable" to Amiga Inc., and IMO the judge should also consider this pertinent fact.
Guess we will see how it goes...
PS: Samface, you did a nice job on that website with the documents. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 23 of 250 | ANN.lu |
| Posted by Don Cox on 21-Dec-2003 14:28 GMT | In reply to Comment 17 (smithy):
"We'll see what happens in mid-January!"
The judge will be sick or on holiday. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 24 of 250 | ANN.lu |
| Posted by Thomas Wurgler/Pagan on 21-Dec-2003 14:49 GMT | I remember members on the SDA list running DE on WinCE devices.
Just my 0.02$ |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 25 of 250 | ANN.lu |
| Posted by smithy on 21-Dec-2003 15:17 GMT | In reply to Comment 23 (Don Cox):
>The judge will be sick or on holiday.
Yeah, this whole circus seems to have been stretched out a bit much. It can't go on forever - sooner or later someone will call in Amiga Inc's debts and so putting them out of our misery. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 26 of 250 | ANN.lu |
| Posted by Jack Me on 21-Dec-2003 15:42 GMT | In reply to Comment 25 (smithy):
YOUR misery. Don't include everyone in your LITTLE hate filled club. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 27 of 250 | ANN.lu |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 28 of 250 | ANN.lu |
| Posted by dslcc on 21-Dec-2003 16:31 GMT | In reply to Comment 23 (Don Cox):
It is good to see that the electricity on the house has been turned
back on. :) What a situation. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 29 of 250 | ANN.lu |
| Posted by Gregg on 21-Dec-2003 16:37 GMT | In reply to Comment 20 (Troels E):
> Thanks for posting this Samface, surely didn't fit Richieboy's agenda.
> Hopefully this courtcase madness will soon be over (no matter who wins..).
No doubt you have abundant evidence of RW's hiding court docs. that don't "fit his agenda"...
Hang on, where have I seen this sort of baseless accusation before... I say, you're not just another trolling DaveP pseudonym, are you?
Gregg |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 30 of 250 | ANN.lu |
| Posted by samface on 21-Dec-2003 17:02 GMT | In reply to Comment 27 (Tigger):
Like someone else wrote earlier, not everyone is in complete lack of a life and can't be bothered with watching the civil docket for updates every singel day. These documents were entered into the civil docket on friday the 19th, while it was not until last night that I got around logging into the ECF.
And no, I had not read that post by Rich Woods until you pointed it out. Now that I read it, I just can't help myself from thinking that it's too bad Rich seems more interested in stalking Bill McEwen and his wife rather than focusing on what's relevant as news regarding this case... |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 31 of 250 | ANN.lu |
| Posted by samface on 21-Dec-2003 17:11 GMT | In reply to Comment 6 (James Carroll):
The link seems correct to me, what happens when you try? Is it a "404", gateway timeout, or an unknown host error? In either case, the complete URL is and should be:
http://www.mindrelease.net/amiga-thendic
I haven't heard about anyone else having problems accessing the site, maybe it's a problem with your ISP or something? Let me know if you still have problems. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 32 of 250 | ANN.lu |
| Posted by samface on 21-Dec-2003 17:24 GMT | In reply to Comment 29 (Gregg):
You must be blind as a bat in order to not see that Rich Woods are only in this game because it's a part of his agenda. This is not the same thing as accusing him of posting false or modified information, I'm just saying that he would probably not be posting anything if it wasn't for the fact that he has some form of personal vendetta against Amiga Inc. and Bill McEwen.
Now, as we can tell by this comment by Rich Woods:
http://www.ann.lu/comments2.cgi?show=1071371596&category=forum&number=82#comment
I'd say comments such as these makes it rather clear that he has other priorities besides merely "getting the word out". These new filings were obviously not interesting enough to be posted as news and available for all, while digging out more personal stuff about Bill McEwan himself obvioulsy was. Need I say more? |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 33 of 250 | ANN.lu |
| Posted by Bill Hoggett on 21-Dec-2003 17:28 GMT | In reply to Comment 22 (Daniel Miller):
@Daniel
Hmm, I must say I don't see the "reasonable" issue to be as cut and dried as you do. Indeed, the income from Genesi might be a claim in that direction, but if the presence of AmigaDE on Pegasos adversely affects sales of the AmigaOne/AmigaOS4 package, one could argue that Amiga Inc would lose more than they gained.
The judge is right in demanding that Genesi make their case more persuasively, because I for one am not at all sure Amiga Inc are being unreasonable. This was not a factor made public before, when Genesi painted the picture of a cut-and-dried situation of contracts being infringed. The fact that Amiga Inc may reasonably refuse consent was never highlighted.
I still hope against hope that a judgement in the case will be made ON MERIT, rather than by default due to Amiga Inc's inability to defend themselves. A judgement by default will only deepen resentment and suspicion at Bill Buck's real reasons for bringing this case. I think a judgement on merit would go some way to putting this issue to rest. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 34 of 250 | ANN.lu |
| Posted by smithy on 21-Dec-2003 17:34 GMT | In reply to Comment 26 (Jack Me):
>YOUR misery. Don't include everyone in your LITTLE hate filled club.
Little? Only in the most extreme of your sycophantic dreams. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 35 of 250 | ANN.lu |
| Posted by dslcc on 21-Dec-2003 17:49 GMT | In reply to Comment 23 (Don Cox):
It is good to see that the electricity on the house has been turned
back on. :) What a situation. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 36 of 250 | ANN.lu |
| Posted by Matt Parsons on 21-Dec-2003 18:28 GMT | In reply to Comment 33 (Bill Hoggett):
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Hmm, I must say I don't see the "reasonable" issue to be as cut and dried as you do. Indeed, the income from Genesi might be a claim in that direction, but if the presence of AmigaDE on Pegasos adversely affects sales of the AmigaOne/AmigaOS4 package, one could argue that Amiga Inc would lose more than they gained.
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
OS4 and A1 have no bearing on this case. They are not Amiga Inc. products (unlike AmigaDE), they are simply branding licences, and I believe they were made after the contract in question.
Also, Since the licences with Hyperion and Eyetech do not cover AmigaDE (An Amiga Inc. product), surely they can not be taken into account?
I think you might be confusing the issue here. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 37 of 250 | ANN.lu |
| Posted by bbrv on 21-Dec-2003 18:35 GMT | Matt, we think he is doing more than that!
Bill, you and others seem to forget that this *mutual* agreement was made cooperatively and well before the "AmigaOne" as we know it today was contemplated. Having spent hours and hours on the telephone with Bill McEwen and Fleecy in the Fall and Winter of 2000, we can assure you that using the "classic" operating system in anyway for any purpose was unimaginable from their perspective. The thought of a dedicated hardware platform for the classic environment was far removed from any serious consideration. The issue of how this agreement would somehow be modified by subsequent events will in our opinion have little to do with the verdict. BTW, Bill Hoggett what is your position on situational ethics? Are you utilitarian?
Back to the matter at hand: if all the issues were considered Bill Hoggett's position has even less credibility as the licensing fees that would be paid to Amiga would increase significantly if OS4 found a home on the Pegasos.
R&B |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 38 of 250 | ANN.lu |
| Posted by anon on 21-Dec-2003 19:44 GMT | In reply to Comment 37 (bbrv):
Bill Hogget is a double edged sword. He'll speak out against that which he sees is wrong no matter what side it may be on. I dont always agree with him, but I have to admit that his views on things usually are more closely alligned with common sense than most. I use him as my weathervane :) I can tell how far enthusiasm has distracted my outlook on things by comparing the differences in my opinions with his. Sometimes my enthusiasm is justified (like with AROS) and sometimes not. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 39 of 250 | ANN.lu |
| Posted by Bill Hoggett on 21-Dec-2003 20:10 GMT | In reply to Comment 36 (Matt Parsons):
> OS4 and A1 have no bearing on this case. They are not Amiga Inc. products
> (unlike AmigaDE), they are simply branding licences, and I believe they were
> made after the contract in question.
When the contract was made has no relevance here. The issue is whether not granting consent to the Pegasos being added to the list of AmigaDE supported devices in Genesi's range is reasonable or not. Since the Pegasos did not exist when the contract was made either.
> Also, Since the licences with Hyperion and Eyetech do not cover AmigaDE (An
> Amiga Inc. product), surely they can not be taken into account?
I'mnot talking about Eyetech or Hyperion, but of the license fees Amiga Inc are supposed to get from the sale of both. Hurt those sales, and the license fees (which I suspect are more than Genesi's license fee for AmigaDE) are lost. This would be financially counterproductive to Amiga Inc, and therefore their decision not to consent to the Pegasos being added to the supported list for DE would be "resonable".
> I think you might be confusing the issue here.
The issue is a subjective one rather than an objective one now. It hinges on what is and what is not "reasonable". |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 40 of 250 | ANN.lu |
| Posted by Bill Hoggett on 21-Dec-2003 20:29 GMT | In reply to Comment 37 (bbrv):
> Bill, you and others seem to forget that this *mutual* agreement was made
> cooperatively and well before the "AmigaOne" as we know it today was
> contemplated.
Yes, and the Pegasos did not exist then either. Your point is?
> Having spent hours and hours on the telephone with Bill McEwen and Fleecy in
> the Fall and Winter of 2000, we can assure you that using the "classic"
> operating system in anyway for any purpose was unimaginable from their
> perspective. The thought of a dedicated hardware platform for the classic
> environment was far removed from any serious consideration. The issue of how
> this agreement would somehow be modified by subsequent events will in our
> opinion have little to do with the verdict.
What does any of that have to do with the price of fish? The issue is whether you are right to demand that Pegasos be added to the list of supported devices or not, and whether Amiga Inc are reasonable in refusing this.
All the rest of the mumbo-jumbo is just being used to confuse the readers.
> BTW, Bill Hoggett what is your position on situational ethics? Are you
> utilitarian?
My position is that you can put a business suit on a vulture but you can't teach it to use a knife and fork.
> Back to the matter at hand: if all the issues were considered Bill Hoggett's
> position has even less credibility as the licensing fees that would be paid to
> Amiga would increase significantly if OS4 found a home on the Pegasos.
OS4 on the Pegasos is of no significance whatsoever. It is not a part of any deal or agreement between you and Amiga Inc. They told you their requirements, and you decided they were unreasonable. End of story.
The real motive behind this action can be seen in Genesi's "generous" offer to port AmigaDE themselves, knowing full well that Amiga Inc cannot legally hand over any of the source that originates from TAO and which would be needed for the port to take place. Can Genesi get TAO to confirm that Amiga Inc can hand over the entire AmigaDE codebase (including TAO IP) to Genesi according to their license agreement? If not, I put it to you that the "offer" was a disingenuous attempt to con the judge into thinking your demand is more reasonable than it really is.
One has to ask oneself: did Genesi take this action to get a genuine and deserved judgement according to existing contracts, or did they do it in the hope that they can obtain something they would not otherwise be entitled to as the result of a default judgement?
Have you noticed how the carrion eaters tend to circle above a dying animal even before it is dead? |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 41 of 250 | ANN.lu |
| Posted by bbrv on 21-Dec-2003 20:41 GMT | Bill, that is a mish-mash of complex ideas and naive notions. I afraid you are the one who is most confused.
The tangents you took are irrelevant.
We will now make a case for what is "reasonable" as we have stated in #4. That is the crux of the matter.
As for the rest of your comments, you, Bill Hoggett, are a guilty of your own judgment.
R&B |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 42 of 250 | ANN.lu |
| Posted by Bill Hoggett on 21-Dec-2003 20:50 GMT | In reply to Comment 38 (anon):
> Bill Hogget is a double edged sword.
Actually he's a three edged sword, but I'll let you figure that one out. ;-P
Incidentally, there's nothing wrong with having your opinions coloured by your enthusiasm. It only becomes a problem if you lose track of the fact that enthusiasm does in fact colour one's opinion. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 43 of 250 | ANN.lu |
| Posted by Bill Hoggett on 21-Dec-2003 20:58 GMT | In reply to Comment 41 (bbrv):
We will see. I still hope the judge will JUDGE the issue rather than give you the judgement by default.
As for you doing your best to discredit my opinions, go ahead. You and your opinion of me are completely irrelevant to me and of even less importance to anyone else.
People can read my posts and they can read your posts. They can decide for themselves who is using common sense and who is employing smoke and mirrors.
My advice to you is this: if you can't answer questions based on issues raised in public debates, stay away from public forums. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 44 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 21:00 GMT | In reply to Comment 3 (STRICQ):
Buck never released the device because of the lack of DE? There's a lot to laugh about it, can't you find a more obvious excuse to bring Amiga Inc. in the mud. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 45 of 250 | ANN.lu |
| Posted by bbrv on 21-Dec-2003 21:02 GMT | In reply to Comment 43 (Bill Hoggett):
Hi Bill, the questions are answered as they pertain to the judgment. The questions that do not pertain to the judgment were addressed too until you ventured into speculation and innuendo.
You should take you own advice.
R&B |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 46 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 21:03 GMT | In reply to Comment 11 (JoannaK):
oh please, he has so far. He doesn't seem to have any life |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 47 of 250 | ANN.lu |
| Posted by bbrv on 21-Dec-2003 21:03 GMT | In reply to Comment 44 (Anonymous):
Hi Mr. 206.15.137.201, you should at least make as much effort as Bill Hoggett -- read the comments first.
R&B |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 48 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 21:04 GMT | In reply to Comment 4 (bbrv):
>DE was supposed to run on CE. It did not. Does it now?
It's been running on mine for a good 3 years. |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 49 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 21:08 GMT | In reply to Comment 18 (André Siegel):
>WindowsCE is not mentioned at all.
Well, that's technicalities, in that case Windows CE is dead and it would be like developing software to run on Windows 95. All hand devices have had their WinCE OS replaced (updated)a long time ago |
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| 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 50 of 250 | ANN.lu |
| Posted by Anonymous on 21-Dec-2003 21:14 GMT | In reply to Comment 36 (Matt Parsons):
>OS4 and A1 have no bearing on this case. They are not Amiga Inc. products
OS 4 is an Amiga Inc product, it's just been outsourced, Amiga has every interest that Amiga OS4 succeeds and therefore AmigaOne. The world is not as black and white as you think it is |
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