18-Apr-2024 05:02 GMT.		 UNDER CONSTRUCTION
Anonymous, there are 216 items in your selection (but only 16 shown due to limitation) [1 - 50] [51 - 100] [101 - 150] [151 - 200] [201 - 216]
[News] Thendic-Amiga Court Case - Latest MotionsANN.lu
Posted on 04-Mar-2004 00:05 GMT by Rich Woods216 comments
View flat
View list
Thendic-Amiga Court Case - Latest Motions

DECLARATION of Bill Buck filed by Plaintiff Thendic Electronics Components re 49 MOTION to modify order (RS, ) (Entered: 03/03/2004)

MOTION by Plaintiff Thendic Electronics Components to modify the order granting specific performance. Noting Date 3/19/2004. (Attachments: # 1 note for motion# 2 Proposed Order)(RS, ) (Entered: 03/03/2004)

DECLARATION of Bill Buck filed by Plaintiff Thendic Electronics Components re 49 MOTION to modify order (RS, ) (Entered: 03/03/2004)

MOTION by Plaintiff Thendic Electronics Components to modify the order granting specific performance. Noting Date 3/19/2004. (Attachments: # 1 note for motion

#2 Proposed Order (RS, ) (Entered: 03/03/2004)

Main Documnet

Thendic-Amiga Court Case - Latest Motions : Comment 201 of 216ANN.lu
Posted by vortexau on 06-Mar-2004 14:48 GMT
In reply to Comment 176 (brotheris):
> It might become HyperionOS4. This will confuse hell out of 'name followers' ;-)

Or . . . it may be released as AmigaOSIV, which would cause BBRV much confusion!!!
Thendic-Amiga Court Case - Latest Motions : Comment 202 of 216ANN.lu
Posted by vortexau on 06-Mar-2004 14:58 GMT
In reply to Comment 179 (brotheris):
> Would Hyperion do something illegal if court decides that they may not use the
> name ? That will be the day when hyperion and genesi will sign a contract =]]
> Yes, I know nothing.

What's in a name? What's in a name?:
its THIS
or
its THAT!
Thendic-Amiga Court Case - Latest Motions : Comment 203 of 216ANN.lu
Posted by gary_c on 06-Mar-2004 15:19 GMT
In reply to Comment 200 (samface):
By your reasoning, your name could as well be "Bark" since you are not a lawyer and what you think is your name is only your interpretation.

Exactly, which is also what I am saying to you. Your grasp of the facts and your logic could be perfect, but you (and all of us) are like the fans at a game. Only the officials make the decisions about who's right and wrong. That's why I don't see any point in arguing about it.

-- gary_c
Thendic-Amiga Court Case - Latest Motions : Comment 204 of 216ANN.lu
Posted by Atheist2 on 06-Mar-2004 15:21 GMT
In reply to Comment 201 (vortexau):
Hahahahahahahahahaha.....lol!


AmigaI! AOSIV.0! "Wha'cha tak'in 'bout, Willis?" - Arnold Drummond
Thendic-Amiga Court Case - Latest Motions : Comment 205 of 216ANN.lu
Posted by Lost souls on 06-Mar-2004 18:15 GMT
In reply to Comment 193 (Atheist2):
"bill buck,

Hiding and dodging us does NOT make you look good right now.

Talk to us."

Just fake a post from BBRV to Rich woods about a job.

Rich will fing Buck for us!

lol
Thendic-Amiga Court Case - Latest Motions : Comment 206 of 216ANN.lu
Posted by Lost souls on 06-Mar-2004 18:19 GMT
In reply to Comment 201 (vortexau):
" Or . . . it may be released as AmigaOSIV, which would cause BBRV much confusion!!!"

Nah, its a brand new product and should be named, as I have said before. AmigaPPC.
Thendic-Amiga Court Case - Latest Motions : Comment 207 of 216ANN.lu
Posted by samface on 07-Mar-2004 11:06 GMT
In reply to Comment 203 (gary_c):
Ahhh... How comfortable of you to dismiss the facts by becoming philosophical all of a sudden. I'm sorry but there was no such philosophical arguments from you nor anyone else when Rich Woods made those court documents, etc. about Amiga Inc. available to the public...

Furthermore, I'm not buying your philosophical arguments because we're talking about objective truths. The facts that Genesi has made claims that goes far beyond what the courts has ruled on at this point and that they will still have to take legal action against Hyperion in order to enforce whatever they think they are entitled to enforce upon Hyperion is not a fiction of my mind, ie a subjective point of view, but an external reality, ie an objective truth. What seperates a fiction of your mind from an external reality is that an external reality is external to your mind and can therefore be confirmed to be true by anyone using any or all of our five senses. Arguments like "but you're not a lawyer and therefore couldn't possibly even know your own name for sure" is only making you look silly. Get real.
Thendic-Amiga Court Case - Latest Motions : Comment 208 of 216ANN.lu
Posted by Rich Woods on 07-Mar-2004 14:37 GMT
In reply to Comment 169 (gary_c):
Are you or anyone else who has commented about this situation a lawyer? I don't think so. Everyone is just giving a layman's opinion, which is fun but basically pointless. Anyway, to continue in worthless conversation mode, what I've heard, from a guy who isn't a lawyer but has one to talk to for free on a
---
daily basis, is that the Amiga, Inc. - Thendic/Genesi agreement predates the AI - Hyperion one, thus rendering the latter invalid wherever it conflicts with the former. Further, it would be up to Hyperion to sue *Amiga, Inc.* to reclaim ---
anything they feel is due them (not Genesi), because it was Amiga, Inc. that made an agreement that they didn't have a right to make at the time, given the preceeding agreement with Thendic/Genesi.

I don't know if this is the correct interpretation or not, as I'm not only not a lawyer, but also completely willing to confess that my opinion on law is as worthless as everyone else's here.

The only thing we can do is wait and see how things are settled by the judge. In the meantime, yours and my and other opinions about what any of these companies can and can't do in the legal arena are just wasted bandwidth in my opinion.

---------------
You are correct - most of this is basic contract law 101 and 102.

An informed knowledgable opinion is NOT necessarily worthless or of no value - then there is sammyface's "legal arguments" which is basically worthless.
Thendic-Amiga Court Case - Latest Motions : Comment 209 of 216ANN.lu
Posted by Rich Woods on 07-Mar-2004 14:46 GMT
In reply to Comment 175 (samface):
n Reply to Comment 174 (gary_c):
You don't need to be a lawyer to figure out wether a U.S. court ruling is world dominant or not. It's a fact that no US citizen nor company can enforce a U.S. court ruling upon any non-US citizen nor company. Genesi will have to face Hyperion directly in a Belgium/EU court in order to enforce their so-called rights for AmigaOS4.

-------------
Sammyface you REALLY have to buy some CLUES!

See the court papers - the ONES on my site - it was a foreign corporation against Amiga - reads the agreement and the court of jurisidiction.

How much do you want to pay for a clue?

Belgium/EU court - you are out of your mind.

I'll tell you what - you go show the contract to a European lawyer - if he says it is applicable in a Belgium/EU court - I'll pay for his "opinion" - if not you pay.

Want to take me up on it - or will you SLITHER out of this one?
Thendic-Amiga Court Case - Latest Motions : Comment 210 of 216ANN.lu
Posted by gary_c on 07-Mar-2004 14:51 GMT
In reply to Comment 207 (samface):
It's not a matter of perception per se. Like I said before (repeatedly), it's a matter of interpretation of facts and, further, what is important is not merely perceiving and interpreting, but of having the authority to act on the interpretation. You don't have the authority to do anything but voice an opinion. Your opinion will not change the circumstances of Genesi or Hyperion or AI in this case. You can take your "objective facts" and do what you will with them -- that's completely irrelevant. No one cares. The judge's opinion will change the circumstances of those companies. That's why his opinion is significant and yours is, at best, merely interesting. Why is this so hard to understand or accept?

I don't think I've ever had a different opinion about the legal process, even earlier involving Amiga, Inc., as you contend, so it's not like I'm "suddenly philosophical" here in Genesi's case. Actually I'm not philosophical at all; I'm at the other extreme: practical. What the judge says matters; what sideline commentators say doesn't. When the judge said Amiga owed back pay or whatever, that was the reality for me. What the judge says about Genesi this time will be the reality again.

-- gary_c
Thendic-Amiga Court Case - Latest Motions : Comment 211 of 216ANN.lu
Posted by Rich Woods on 07-Mar-2004 14:53 GMT
In reply to Comment 181 (samface):
Posted by samface (131.116.254.198) on 06-Mar-2004 13:13:53

In Reply to Comment 180 (samface):
Let me make an example;

Let's say my neighbour would sue me for running over his dog with my car and the court finds me guilty as charged. The court rules that as a penalty, I have to give my car to my neighbour. Would such ruling still be enforcable if it turns out that it was not my car and that I had borrowed it from a foreign friend who has already reclaimed the car and taken it back to his country?

-----------------
you call this an "example"? Give "my car to a neighbor"? You can ONLY collect on PROVABLE damages - the vet costs, continuing car for the dog. Not giving a $xxx car value to the dog's owner.

The court would award vet and releated costs - I guess you'll talk about "pet pain and suffering".

You are a total fool and COMPLETELY UNKNOWLEDGABLE - but you will play the game that you think you know something and try to trick others into believe you do.

Sammyface take a course in contract law 101 and Business law 101. If you pass that you can go on to classes 102.

PS - most consider you the "motley fool" - understand that before you spoiut for your (il)legal "knowledge".
Thendic-Amiga Court Case - Latest Motions : Comment 212 of 216ANN.lu
Posted by gary_c on 07-Mar-2004 14:53 GMT
In reply to Comment 207 (samface):
Arguments like "but you're not a lawyer and therefore couldn't possibly even know your own name for sure" is only making you look silly. Get real.

Sorry, but you're the one who's being silly and needs to get real. Of course you know your own name. What you don't know is law, as well as the judge knows it. More to the point, you don't have the authority in this situation to do anything but post on a web forum. That's the big difference.

-- gary_c
Thendic-Amiga Court Case - Latest Motions : Comment 213 of 216ANN.lu
Posted by Rich Woods on 07-Mar-2004 14:55 GMT
In reply to Comment 181 (samface):
n Reply to Comment 180 (samface):
Let me make an example;

Let's say my neighbour would sue me for running over his dog with my car and the court finds me guilty as charged. The court rules that as a penalty, I have to give my car to my neighbour. Would such ruling still be enforcable if it turns out that it was not my car and that I had borrowed it from a foreign friend who has already reclaimed the car and taken it back to his country?
--------------
Oh by the way - ownershi0p of the car would be a basic proof before the judge.

He could not rule on ownership of anything without determining who owed it.

But of course this went totally over your pointed head.
Thendic-Amiga Court Case - Latest Motions : Comment 214 of 216ANN.lu
Posted by Rich Woods on 07-Mar-2004 15:00 GMT
In reply to Comment 184 (Atheist2):
Posted by Atheist2 (24.83.209.186) on 06-Mar-2004 13:39:43

bill buck,

This tactic could jeopardize your having won the case already.

When the Judge realizes that you used the court to "pull the rug out from under" Amiga Inc. and take (steal, in reality) IP from TWO companies, YOU may end up in the slammer.

--------------
when the judge realizes? - the case has been decided - it is OVER - it has been ruled on legal grounds.

An appeal - apple, orange,bannana? Appeals have to be based on legal resoning and facts ALREADY presented to the court. You CANNOT introduce NEW evidence into an appeal (for the most part).



But, on the other hand, I enjoy watching your total desperation in these last few months before you go bankrupt (financially, that is, you've achieved the other ones already).

BTW, in the still undecided consumer's eye, THEY Judge YOU.

THEIR vote counts, we'll see what happens.


AmigaOne! AOS4.0! bill buck, you're playing your last card, but you're at the wrong table!

------------------
So when I ws in BC and you were maybe a mile from me - did you ever take get Mme up on the free pint I paid for and left for you at Maxim's (along with the CD disk left there?

At least from the phone call with you I gave a little bit of generosity. (Kind of guy I am).
Thendic-Amiga Court Case - Latest Motions : Comment 215 of 216ANN.lu
Posted by Rich Woods on 07-Mar-2004 15:04 GMT
In reply to Comment 190 (samface):
Posted by samface (131.116.254.197) on 06-Mar-2004 14:33:01

In Reply to Comment 187 (gary_c):
Unless Belgium would have a specific agreement of extradition with the U.S. saying otherwise, a U.S. court ruling against Hyperion is completely worthless. Furthermore, Genesi can only enforce any ruling, whatever it may be, on the defendant of the case only. A ruling on Genesi's favor would only give Genesi the rights to demand AmigaOS4 from Amiga Inc., not from Hyperion or anyone else for that matter.
----------------------
Aggreement of extradition? On a contract? Do you have any idea of what you are saying?

How can you "extradite" a contract?

Shhesh - you are REALLY making a TOTAL FOOL of yourself.
Thendic-Amiga Court Case - Latest Motions : Comment 216 of 216ANN.lu
Posted by Rich Woods on 07-Mar-2004 15:09 GMT
In reply to Comment 196 (samface):
Posted by samface (131.116.254.197) on 06-Mar-2004 15:25:18

In Reply to Comment 191 (brotheris):
Here's a better metaphor:

A makes an offer to sell a car to B who decides to buy it. A does not deliver

Oral or written - you left out the most important part - proving you know less anbout nothing.

as agreed but sells the car to C instead. A delivers the car to C while B files a lawsuit against A for not delivering as promised. B wins and the court gives

And in suing for specific performance - B would want what? Liquidated damages or the "car" itself?

B the rights for the car. However, C has the car and lives in another country as both A and B. B is forced to prove their case to the foreign court of where
C lives since the court ruling from B's country, in contrary too what some people seem to believe, is not world domin


Sammyface - quit trying to post stuff you have no idea of what it means.

Nice try - LOSER.
Anonymous, there are 216 items in your selection (but only 16 shown due to limitation) [1 - 50] [51 - 100] [101 - 150] [151 - 200] [201 - 216]
Back to Top