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[News] Order on Plantiff's Motion in Thendic Amiga CaseANN.lu
Posted on 18-Mar-2004 04:10 GMT by Rich Woods81 comments
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ORDER granting in part and denying in part 49 Plaintiff's Motion to Modify Order re 47 Court's Order Granting Specific Performance, by Judge Robert S. Lasnik.(AF, ) (Entered: 03/17/2004) ORDER granting in part and denying in part 49 Plaintiff's Motion to Modify Order re 47 Court's Order Granting Specific Performance, by Judge Robert S. Lasnik.(AF, ) (Entered: 03/17/2004)<

Get it HERE

Order on Plantiff's Motion in Thendic Amiga Case : Comment 51 of 81ANN.lu
Posted by Gregg on 18-Mar-2004 17:15 GMT
In reply to Comment 49 (Graham_nli):
My problem? I've got a bucketful - which one would you like to discuss in particular?

In this context, your inconsistent and illogical self-proclaimed search for the truth is my problem. I'm just plain bloody-minded about that, I suppose.

Gregg
Order on Plantiff's Motion in Thendic Amiga Case : Comment 52 of 81ANN.lu
Posted by on 18-Mar-2004 17:44 GMT
In reply to Comment 51 (Gregg):
Why don't you stick to just posting on the bunny?
In contributing nothing, both here and there, you must be over-reaching yourself. I'm concerned...
Order on Plantiff's Motion in Thendic Amiga Case : Comment 53 of 81ANN.lu
Posted by Graham_nli on 18-Mar-2004 17:45 GMT
In reply to Comment 51 (Gregg):
So it is logical to not search for the truth?!
Order on Plantiff's Motion in Thendic Amiga Case : Comment 54 of 81ANN.lu
Posted by Joe "Floid" Kanowitz on 18-Mar-2004 17:48 GMT
In reply to Comment 34 (Anonymous):
I still don't understand, if that is what Genesi wanted then why didn't they just pay AmigaInc ? If the result is exactly the same: there will be AmigaDE for the Pegasos and Genesi will pay Amigainc, then why did you need lawsuit? Why you guys have to make everything as difficult as possible ? :)

AI and Thendic had a vaguely worded contract from the days when Thendic were going to enter the portable business (Smartboy, Eclipsis) ... The contract was for licensing ($4.50/device shipped) at presumably $0 down; Thendic gets absorbed into Genesi, the Smartboy's forgotten, Eclipsis isn't here yet, and for a while it was unclear if the Pegasos was a dead end (cancellation of the I, at what was it, 300-600 units for all revisions? Multiply that by $4.50 and it's not particularly business-efficient; then add in the fact that - true, in possible bad faith to the contract and, as it turns out, possible irritance to AI's angels - it would've given Genesi bragging rights to DE before AI had a desktop.

AI, for the two-pronged business model, did about the most rational thing it could, especially if relations with the investors were poor enough to preclude actually paying someone to port the thing for Genesi - stall.* ** *** (If the hearings went smoothly yet AI failed to produce, they'd probably have faced a stiff penalty. The monkey business at least alerts the judge to the strangeness of it all.) At some point, someone realizes that having all these conflicts of interest really does suck, and we get McEwen's lip service to splitting the company, which now seems to have been happened, though maybe not in the form anyone expected...****

Finally, Genesi get their favorable decision, and show their true colors by making the grab for OS4. For reasons that I'm having a hard time keeping track of, the judge shoots them down on this before AI even shows up with the dramatic, if possibly misfiled, legal reappearance. This also marks at least the second time in the action that Genesi's declared victory before the judge has actually ruled.

---

*It's also worth remembering that VP binaries are likely to disassemble very easily...
**Getting the necessary development system to port the thing for Genesi may've also entailed agreeing to some potentially compromising paperwork.
***Lord knows who paid the legal fees. On the other hand, it seems obvious that, for a while, no one did.
****It's up for debate whether this is savvy business or asset-stripping; I'm going to assume the latter's not actionable by the state until a bankruptcy actually occurs or the corporation fails to keep their business license and stays that way (or, at least, some other reasonable evidence turns up) ... but IANAL and I haven't slept, either. Genesi could presumably figure out how to bring suit and maybe even deal what's left of AI a wrecking ball, but that still wouldn't get them the trademark directly, and it'd be even harder to get OS4, since that's always been handled in terms of an option that one hopes was written well enough to be non-transferable. (What's left of AI can transfer the handy prerequisites for exercising the option - trademark, and whatever CBM properties are owned that gave AI authority to authorize anyone to build atop them in the first place - to Itec or KMOS or whoever, and then Hyperion can swing a new and possibly more favorable deal with them, as apparently happened.)

---

Now, we know f'-all about what KMOS has going with Hyperion now, but if it gets KMOS full rights over the sources, then sure, it's possible that they could, in turn, sell Genesi a license or the whole thing directly (Who was he handing those funny business cards to? Everyone seems to like him...), assuming Genesi's going to bother to keep trying, and negotiations don't go the way they did last time. ... That's only going to happen if this is no more than a way for the investors to recoup a quick buck and bug out (in which case Hyperion and Eyetech have had plenty of time to have made sure they won't get screwed into paying fealty to anyone they don't like), but I'm expecting a lot of deja-vu either way.

My predictions:

Stage 1: KMOS is either going to try to keep a custodian position, a-la Novell/SCO with UNIX, or they'll liquidate to the highest bidder. Staying on as custodian would see them try to sit down with Genesi-the-shunned-customer, at which point it blows up in their face like last time, or, as with liquidation (would Hyperion and Eyetech bid up for what they already own?), we advance straight to stage 2.

Stage 2: If Genesi get their hands on 4 in any form, they will immediately claim exclusive rights (whether or not they find an excuse to have a basis), and engage Hyperion in a fairly long and expensive legal battle to prove them wrong. Before the outcome is determined, terrorists (or possibly CIA operatives, but that's another debate) who've taken advantage of lax security on Air France flights launch simultaneous attacks worldwide, sparking a thermonuclear WWIII which, through a rather complicated chain of events, leaves Steve Ballmer and Eugenia Loli-Queru the only two people left on Earth, which is then destroyed to make way for a new hyperspace bypass seconds before it would've been struck by a killer asteroid.

Why am I posting this again?
Order on Plantiff's Motion in Thendic Amiga Case : Comment 55 of 81ANN.lu
Posted by Gregg on 18-Mar-2004 19:17 GMT
In reply to Comment 53 (Graham_nli):
So it is logical to not search for the truth?!

Oh dear. You persistently avoid simple questions, mis-interpret what I've said, and introduce irrelevant details. This may all be down to low IQ, but I can no longer withstand the weight of evidence that it is deliberate. I'm sorry, but you leave me no choice; I'll probably hate myself in the morning but here goes :

You're a troll.

There, I've said it. I think I'm going to cry now...

Gregg
Order on Plantiff's Motion in Thendic Amiga Case : Comment 56 of 81ANN.lu
Posted by Gregg on 18-Mar-2004 19:24 GMT
In reply to Comment 52 ():
Thank you; that's very considerate of you.

Just so I can calibrate myself, as it were : could you indicate if, for instance, graham_nli's posts are less "nothing" than mine? How about yours? Are your posts not nothing by content, or merely by dint of being infrequent, or are they inherently substantive because of their underlying compassion and philanthropy? Just trying to get a sense of "nothing"...

Thanks awfully,

Gregg
Order on Plantiff's Motion in Thendic Amiga Case : Comment 57 of 81ANN.lu
Posted by Interesting on 18-Mar-2004 19:26 GMT
In reply to Comment 22 (Graham_nli):
"Let's not forget that the judge has to consider the latest Amiga Inc court submissions.

The ones that have the entire contract in. That shows that whilst Thendic can claim under 5.2, part (ii) for the source code to the product (limited by Amiga Inc's contract with Tao), this can only occur if Thendic had supplied Amiga Inc with the hardware and specifications of the hardware to do a port (5.1).

As some of the other submissions by Amiga Inc show that no hardware or specifications were delivered, and furthermore that the claims that bbrv made to having attempted to deliver these products were untrue, and also that Amiga Inc couldn't even contact Thendic by mail as they don't exist at their current address ...

... buy more popcorn!"

Yea, we should buy more popcorn. Don't think this is over at all!

My read of the docs (quick), the Judge hasn't reviewed the AI submitted materials.

There is no talk of any of the materials, or objections of AI. Also, its dated the 12th.

The judge is busy and what we are seeing is the process taking place; i.e. his review of days ago, transcribed and signed. His signature is prob. in the computer is well.

More to come when the AI docs are reviewed, IMHO
Order on Plantiff's Motion in Thendic Amiga Case : Comment 58 of 81ANN.lu
Posted by Interesting on 18-Mar-2004 19:32 GMT
In reply to Comment 29 (iam):
"hehe, great news, amigaDE for pegasos must be made in 30 days and genesi will pay amiga inc. for each copy of the software. hope genesi have the money... seems amiga inc. and amigaDE developers will start to make real bucks with this deal. grrrreat."
:)

I'd make sure some funds are available before AmigaDE is sold by Buck.
Order on Plantiff's Motion in Thendic Amiga Case : Comment 59 of 81ANN.lu
Posted by Interesting on 18-Mar-2004 19:33 GMT
In reply to Comment 30 (Rich Woods):
"And that was the whole point of the contract and lawsuit."

Maybe...Maybe Not!
Order on Plantiff's Motion in Thendic Amiga Case : Comment 60 of 81ANN.lu
Posted by Interesting on 18-Mar-2004 19:36 GMT
In reply to Comment 33 (Graham_nli):
"Would that be my personality of trying to find out what the truth of matters is?"

Now your talking!

Once we get the real "truth", we can all go on with our lives.
Order on Plantiff's Motion in Thendic Amiga Case : Comment 61 of 81ANN.lu
Posted by Interesting on 18-Mar-2004 19:41 GMT
In reply to Comment 37 (Graham_nli):
"I don't think that either side is being that truthful to be honest.

I have personal opinions as to who is more truthful, who is more reliable to produce stuff, etc (the answers aren't the same!).

The court case documents now submitted are quite useful. At the very least there is an example of a badly designed contract!"

Well Buck claims to have written the contract. Both parties signed it!

So it shows, when signed, that both parties trusted each other. Otherwise it would be a better contract.
Order on Plantiff's Motion in Thendic Amiga Case : Comment 62 of 81ANN.lu
Posted by Gregg on 18-Mar-2004 19:44 GMT
In reply to Comment 60 (Interesting):
Once we get the real "truth", we can all go on with our lives.

So are you, a confirmed public liar, going to lead us in the search for truth? And if so, which of these names should we print on our banners :

Interesting
seekthetruth
Lost Souls
Gibbering Idiot
Pain in the Arse

Do tell.

Gregg
Order on Plantiff's Motion in Thendic Amiga Case : Comment 63 of 81ANN.lu
Posted by Interesting on 18-Mar-2004 19:52 GMT
In reply to Comment 62 (Gregg):
"Once we get the real "truth", we can all go on with our lives.

So are you, a confirmed public liar, going to lead us in the search for truth? And if so, which of these names should we print on our banners :

Interesting
seekthetruth
Lost Souls
Gibbering Idiot
Pain in the Arse

Do tell.

Gregg "

When you know what your talking about, do so. If not, maybe you shouldn't post anymore!
Order on Plantiff's Motion in Thendic Amiga Case : Comment 64 of 81ANN.lu
Posted by Gregg on 18-Mar-2004 20:01 GMT
In reply to Comment 54 (Joe "Floid" Kanowitz):
Why am I posting this again?

Hey, I got most of this - I must be getting cleverer!

Thanks for the laugh.

Gregg
Order on Plantiff's Motion in Thendic Amiga Case : Comment 65 of 81ANN.lu
Posted by Gregg on 18-Mar-2004 20:07 GMT
In reply to Comment 63 (Interesting):
When you know what your talking about, do so. If not, maybe you shouldn't post anymore!

If I don't know what I'm talking about, I tend not to talk, but ask questions - sort of the mirror-image of your philosophy...

Gregg
Order on Plantiff's Motion in Thendic Amiga Case : Comment 66 of 81ANN.lu
Posted by Rich Woods on 18-Mar-2004 21:06 GMT
In reply to Comment 59 (Interesting):
Posted by Interesting (68.104.36.220) on 18-Mar-2004 20:33:33

In Reply to Comment 30 (Rich Woods):
"And that was the whole point of the contract and lawsuit."

Maybe...Maybe Not!
-------------------
Want me to send you $5? You can go back to playing the nickle slot machines....

Maybe, maybe not - did you have to get someone to tell you that or did you figure it out by yourself?

Go to Boulder HIghway and Major - you can play the slots and get a can of soda at Albertson's.
Order on Plantiff's Motion in Thendic Amiga Case : Comment 67 of 81ANN.lu
Posted by Rich Woods on 18-Mar-2004 21:07 GMT
In reply to Comment 62 (Gregg):
Posted by Gregg (192.223.243.6) on 18-Mar-2004 20:44:13

In Reply to Comment 60 (Interesting):
Once we get the real "truth", we can all go on with our lives.

So are you, a confirmed public liar, going to lead us in the search for truth? And if so, which of these names should we print on our banners :

Interesting
seekthetruth
Lost Souls
Gibbering Idiot
Pain in the Arse

Do tell.

Gregg
--------------
Fucktard!
Order on Plantiff's Motion in Thendic Amiga Case : Comment 68 of 81ANN.lu
Posted by on 18-Mar-2004 21:55 GMT
In reply to Comment 56 (Gregg):
> Thank you; that's very considerate of you.

If my post makes you stop and think, then it has served its purpose.

> Just so I can calibrate myself, as it were : could you indicate if, for instance, graham_nli's posts are less "nothing" than mine?

Frequency. Posts which bring nothing to the discussion (such as this one) occur but your many 'no value' contributions mark you out from the crowd. Maybe referring to the content of all your posts as 'nothing' was a little harsh. I apologise in anticipation of finding one with some useful content.

> How about yours? Are your posts not nothing by content, or merely by dint of being infrequent, or are they inherently substantive because of their underlying compassion and philanthropy? Just trying to get a sense of "nothing"...

Indeed, my posts are infrequent, I read, digest and absorb. Occasionally, I'll comment. Whether the majority or all of my posts are considered by readers as 'nothing' is for them to decide.
It amuses me that your perceived command of the English language makes you somehow believe your superiority to anyone that deigns to confront you. If you are unable to convey your opinions on multinational forums without resorting to obfuscate readers by using unnecessary long words, perhaps you should reserve your talents solely for the Times crossword.
Not only 'nothing' to contribute, but your portentous use of words add, well, nothing to your credibility.

> Thanks awfully,

No need to thank me again.

> Gregg
Order on Plantiff's Motion in Thendic Amiga Case : Comment 69 of 81ANN.lu
Posted by Interesting on 18-Mar-2004 23:16 GMT
In reply to Comment 67 (Rich Woods):
Do tell.

Gregg
--------------
XXXXXXX!

Enjoy name calling there woods?

Your just another one of Buck's flunkies.

cut
Order on Plantiff's Motion in Thendic Amiga Case : Comment 70 of 81ANN.lu
Posted by Graham_nli on 19-Mar-2004 00:41 GMT
In reply to Comment 55 (Gregg):
You took one small part of one post and proceeded to make around 10 posts from it dissing one small point because I optimised out the word "appears to be".

Why don't you just grow up? ANN is pretty bad at times, but there is no way I want it dragged down to the level of MooBunny!
Order on Plantiff's Motion in Thendic Amiga Case : Comment 71 of 81ANN.lu
Posted by Gregg on 19-Mar-2004 01:51 GMT
In reply to Comment 68 ():
> Thank you; that's very considerate of you.

If my post makes you stop and think, then it has served its purpose.

Yerrsss... Touch of pomposity there, wouldn't you say?

> Just so I can calibrate myself, as it were : could you indicate if, for instance, graham_nli's posts are less "nothing" than mine?

Frequency. Posts which bring nothing to the discussion (such as this one) occur but your many 'no value' contributions mark you out from the crowd. Maybe referring to the content of all your posts as 'nothing' was a little harsh. I apologise in anticipation of finding one with some useful content.

I'll confess that I may have been a little wordy, but I don't think its too hard to see that I have been trying to pin down people who make grand claims about "the truth", unsubstantiated by facts and peculiarly skewed by their subjective perception of reality. (Aside : Let's avoid a digression on the essential subjectivity of reality here). Do you think that such posts should just stand unchallenged? Or perhaps you believe that they are essentially true and I have just been jousting at windmills?

Put it another way : you have felt compelled to respond to me twice now because of some perceived uselessness in my posts that you feel the need to challenge; your posts are otherwise pointless themselves. Don't you think that similar motivation might be a valid justification for _my_ posts?

> How about yours? Are your posts not nothing by content, or merely by dint of being infrequent, or are they inherently substantive because of their underlying compassion and philanthropy? Just trying to get a sense of "nothing"...

Indeed, my posts are infrequent, I read, digest and absorb. Occasionally, I'll comment.

Jolly good; commendable restraint, for the most part.

Whether the majority or all of my posts are considered by readers as 'nothing' is for them to decide.

Indeed. No doubt you will feel that someone pointing out your posts as "nothing" will have an opinion of equal worth to your own.

It amuses me that your perceived command of the English language

"Perceived", eh? Please, your praise is too effusive - you're embarrassing me...

makes you somehow believe your superiority to anyone that deigns to confront you.

Whoaa there, hossy! You're reading an awful lot into my vocabulary, and extrapolating further. I certainly have no problem condescending to someone, but only (I believe) when they loudly espouse opinions and then refuse to defend them in any rational or honest way (some call that "trolling", you know). My attitude has nothing to do with their ability to understand the English language, or my use of it. It _does_ have a lot to do with their ability to reason and respond rationally and directly, instead of resorting to diversion, obfuscation, opinion-as-fact, and generally being evasive and dishonest.

If you are unable to convey your opinions on multinational forums without resorting to obfuscate readers by using unnecessary long words, perhaps you should reserve your talents solely for the Times crossword.

I find it rather condescending to assume that people would not want to extend their vocabulary whatever their mother tongue, and cannot use online dictionary resources (heck, _I_ certainly do occasionally). I really doubt occasional multi-syllabic verbiage really renders a discussion incomprehensible to people who are interested in it. For goodness' sake, people seem to be able to have discussions with Kjetil, and nobody bothers to ask me if I can follow it OK (which I can't - my failing of course).

Language is entertaining, stimulating, and fun; I'm not going to apologise for enjoying it.

Anyway, I prefer the Telegraph crossword - I think the Times is too difficult, or perhaps the puzzler masters' brains are warped in a different dimension to mine.

Not only 'nothing' to contribute, but your portentous use of words add, well, nothing to your credibility.

It don't? Rats!

I'm sure the irony of your own vocabulary in this post is intentional; however, I have a sneaky sense that you might have been rummaging through your thesaurus...

Anyway, if you think I'm bad, consider my favourite author Anthony Burgess, the man who ended a perfectly grammatical and coherent sentence with "...onions, onions, onions.", subsequently explaining to an interviewer "just because I can". Trying to comprehend his vocabulary can trigger a strabismic* rictus...

> Thanks awfully,

No need to thank me again.

Righty-ho. Bog off, then.

Oh, one final note : it might help if you read most of my posts in a fairly light-hearted tone; some people might use "emoticons", but I'm allergic to them - they make me throw up.

Gregg

* : Checked the dictionary to correct that from "strabismoid", if you must know.
Order on Plantiff's Motion in Thendic Amiga Case : Comment 72 of 81ANN.lu
Posted by Gregg on 19-Mar-2004 01:56 GMT
In reply to Comment 70 (Graham_nli):
I'm sorry, but I can't argue any more; your five minutes are up.

Gregg
Order on Plantiff's Motion in Thendic Amiga Case : Comment 73 of 81ANN.lu
Posted by Graham_nli on 19-Mar-2004 02:20 GMT
In reply to Comment 72 (Gregg):
You just conveniently ignore any valid points I make, pick on something minor in the post, or character assassinate.

Well, I hope you are happy with your "I'm not listening, ner ner ner" online life.
Order on Plantiff's Motion in Thendic Amiga Case : Comment 74 of 81ANN.lu
Posted by Atheist2 on 19-Mar-2004 03:19 GMT
In reply to Comment 8 (Don Cox):
> As a sign of goodwill Amiga Inc could also include copies of some
> example games.

Here's some sample source I've written that I'm glad to donate to that merry old soul, bbrv (to include with AmigaDE, when it's released):

10 Print 'bill buck says "Hello World of 2012 A.D."'
20 Goto 10


AmigaOne! AOS4.0! genesi_lawsuit$="Much ado about nothing!"
Order on Plantiff's Motion in Thendic Amiga Case : Comment 75 of 81ANN.lu
Posted by Anonymous on 19-Mar-2004 05:12 GMT
In reply to Comment 73 (Graham_nli):
alt.fan.flameaddicts.gregg

Lets all meet up there.
Order on Plantiff's Motion in Thendic Amiga Case : Comment 76 of 81ANN.lu
Posted by vortexau on 19-Mar-2004 05:34 GMT
In reply to Comment 1 (Gregg):
> Actually, get it here I believe - not that Rich lets me look, so I'm mumble grumble grizzle...

> Gregg

Odd, all Ghostview decodes is a pair of blank pages with a bit of black at the bottom?
Order on Plantiff's Motion in Thendic Amiga Case : Comment 77 of 81ANN.lu
Posted by vortexau on 19-Mar-2004 06:38 GMT
In reply to Comment 43 (Rich Woods):
> GET IT HERE.

"Not Found
The requested URL /www.merlancia.us/sounds/truth.wav was not found on this server.

Additionally, a 404 Not Found error was encountered while trying to use an ErrorDocument to handle the request."

'You want the truth? I said; DO you what the truth?' :)
Order on Plantiff's Motion in Thendic Amiga Case : Comment 78 of 81ANN.lu
Posted by vortexau on 19-Mar-2004 06:48 GMT
In reply to Comment 77 (vortexau):
> I don't know what is going on but ANN appears to insert ann.lu in a URL

Does that occur if the URL starts: "http://" ?
Order on Plantiff's Motion in Thendic Amiga Case : Comment 79 of 81ANN.lu
Posted by Ronald St-Maurice on 19-Mar-2004 10:31 GMT
In reply to Comment 75 (Anonymous):
alt.fan.flameaddicts.gregg

Lets all meet up there.

here is much better newsgroup for all of you: alt.support.depression.amigans

;)
Order on Plantiff's Motion in Thendic Amiga Case : Comment 80 of 81ANN.lu
Posted by Rich Woods on 21-Mar-2004 00:46 GMT
In reply to Comment 79 (Ronald St-Maurice):
How about alt.billbyboy.judgements?
Order on Plantiff's Motion in Thendic Amiga Case : Comment 81 of 81ANN.lu
Posted by Interesting on 23-Mar-2004 18:33 GMT
In reply to Comment 80 (Rich Woods):
>How about alt.billbyboy.judgements?<

How about alt.RWoodsRapeCase.questions ?

lol
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