Priest of the Order of the Butterfly
Posts: 750 from 2003/2/14
From: Earth
Given Amiga has filed a Motion for Dismissal, it looks like we are headed back into Court. This time we have the opportunity to make a few points. It looks like there will be a "knock out punch" after all.
The OEM Software Agreement is for the AmigaDE "Operating System." The first recital in Paragraph 2 is : "Amiga develops state of the art operating system technology..." and the second, "Amiga has developed a DE Operating System to which it owns all substantial rights." It must not be talking about Tao's Intent here.
Ask yourself why it is characterized as an operating system if it is not? And, why in Paragraph 5.1 it states the "DE Operating System, which may include, but is not limited to, a Java enabled browser, MP3 and a mail client." There is an incongruence here with the statements that are being made today. Why? Because what Bill McEwen agreed to was an operating system license. What he claims today to have licensed and what he licensed are two different things. Our earlier post in this thread discusses this. We think his Exhibit #4 is ample evidence to support this assertion.
As to the copies of posts online now submitted as evidence of something sinister from our side. What is the relevance? We are entitled to render any opinion or forecast we want. Certainly, Amiga Inc. has done the same. What is good for the goose is good for the gander. This was discussed earlier too. Ultimately, the Judge's decision is the only thing that matters. He has made a ruling and even modified it for more specific performance. Will he now dismiss the ruling he has twice affirmed? Maybe, maybe not. We doubt it.
A few more things:
- For those that still do not understand the definition of "Affiliate" please read the definitions in 3.1. That is the means by which Genesi was added to the case.
- Sublicense issues are clearly defined and valid (4.2.4).
- Amiga Inc. receives royalties from this Agreement. Amiga Inc. still own everything! There is no "theft" involved anywhere.
Finally, a little word for those that suggest we should be spending more time managing "the Company" than posting on these threads. It is our opinion, that you do not understand the power of communication and the nature of this Community itself if you believe this. This Community *is* part of "the Company." We did not develop Papyrus, Knights and Merchants, MLdonkey, AutoDoc reader or another few hundred applications for MorphOS. Others did. They are out there and they are reading this. So, are thousands (now) of Pegasos users that find and report problems, make suggestions and participate in welcoming new users to the platform. We wish we could write a word of thanks to every single one of them. We do try to answer all the emails, but with a couple hundred arriving daily it can be a challenge. These Forums are a good way to get the word out to all the interested people. We are all in this together. That is what a *Community* is. Look at the number of views for this thread. This is something many do not understand. How else could we communicate so broadly and quickly? In the meanwhile, we are human too. We have emotions, ambitions and hopes for the future. We share them, perhaps too much for some at times, but you at least know we are alive and have an opinion. And, do not forget that this Community has been embroiled in some very emotional conflicts for many years. It is nearly impossible to do anything without stirring up some conflicting or insulting response to almost any post. It all just comes with the territory.
We continue to march ahead. The Pegasos is gaining ground as the de facto standard for the PowerPC desktop machine and both Motorola and IBM are promoting it as such. Before the SNDF in Frankfurt in September we will have at least one OEM producing the Pegasos and many of the things we have suggested over the last three years will finally be moving ahead because we FINALLY have a real product in the Pegasos II. All that is good for MorphOS and any other OS that runs on OF and the PowerPC.
Thanks for all the support and encouragement.
R&B