Read the files deliverd to court by Bill McEwen? + KMOS inc.
  • Caterpillar
    Caterpillar
    Atheist
    Posts: 24 from 2003/2/24
    From: Vancouver, Bri...
    Quote:


    bbrv wrote:
    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.


    Hi Bill Buck,

    So, because Bill McEwen said it is an operating system, you are putting words in his mouth that it's "Amiga Operating System 4.0" that the contract is for? (Or are willing to take it in lieu of AmigaDE.)

    AmigaDE (or TAO's intent does, I'm not sure here) makes a "virtual CPU" that the AmigaDE "operating system" runs on. SO, in a way, it IS IN FACT an operating system. I even asked about it being turned into a CPU, which, it turned out, would be defeating the purpose of AmigaDE's "Amiga Everywhere" premise, in the first place.

    So, you are getting an OS. It works on a SW CPU.

    So, you are grasping at straws with your "Knock-out Punch" attempt. And annoying people in the process, even people who support you. And making yourself look like the man wearing the black hat.


    Quote:

    We continue to march ahead.

    How about putting ms in your cross hairs instead? (We all hate them, don't we?)



    P.S. Hi DaveP, GregSc, and DaveyD.
  • »22.03.04 - 23:19
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    bbrv
    Posts: 750 from 2003/2/14
    From: Earth
    Hi Atheist, we had a drink with Rich when we passed through Phoenix. You had your chance in Vancouver and missed it. You know the story.

    Before you post again, please read everything and make a sincere attempt to understand the Agreement and the process. It is clear the general environment is something you have been and are a part of -- why be one of the problems here? Read your last 50 posts for confirmation. You are not constructive and even more rarely instructive. Try harder because you do have potential. We said this to Rich.

    How about putting yourself in the cross-hairs and deal with it. You can contribute positively and helpfully if you change your attitude.

    Raquel and Bill
  • »23.03.04 - 03:29
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  • Caterpillar
    Caterpillar
    Atheist
    Posts: 24 from 2003/2/24
    From: Vancouver, Bri...
    Quote:


    bbrv wrote:
    You know the story.

    Hi Bill Buck,

    Indeed, I WAS the story.

    Quote:

    bbrv wrote:
    Before you post again, please read everything and make a sincere attempt to understand the Agreement and the process.

    I understand that (and I haven't read the entire agreement/contract), it didn't say Amiga OS 4.0. AOS4.0 isn't an "improvement", "enhancement", "upgrade", or anything similar at all to AmigaDE. They are currently unrelated products, only having HAD the same company own them. Heck, it would probably take a year to get AmigaDE to work on AOS4.0.

    Quote:


    bbrv wrote:
    It is clear the general environment is something you have been and are a part of -- why be one of the problems here? Read your last 50 posts for confirmation.

    "-- why be one of the problems here?", is premature to state this about me. Yes, I am VERY critical of what is happening.

    We are 2 fish in a VERY SMALL pond, and that is a major problem. Until one of us negotiates some breakthrough deal to get much cheaper systems to the general public, there's bound to be friction, us chasing the same small group of enthusiasts, and all.

    This forum belongs to you and MOS users, I'm not here to pollute it.

    Quote:


    bbrv wrote:
    You are not constructive and even more rarely instructive.


    Thanks, love you too. No, seriously, so I don't dispense helpful advice that often. But those are usually hostile conversations, where the side I'm on is being attacked. And your comment is an opinion that I rarely, no, never, see you use on people that see things your way.

    Quote:


    bbrv wrote:
    Try harder because you do have potential. We said this to Rich.


    Thank you.

    Quote:


    bbrv wrote:
    How about putting yourself in the cross-hairs and deal with it.

    I did (but you're referring to more here, obviously).

    Quote:


    bbrv wrote:
    You can contribute positively and helpfully if you change your attitude.

    Raquel and Bill

    Well, I'm not ready to give up on waiting for AOS4.0.

    But, I'd like to let you know, should AOS4.0 not come about, or it fades away (somehow), you are making it VERY difficult if not impossible, to move over to MOS later on.

    Heck, code MOS for AmigaOne, and I may even buy a copy. (Constructive enough for you?)
  • »23.03.04 - 05:02
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  • Targhan
    Posts: 2833 from 2003/2/8
    From: USA
    Hello Atheist,

    First, welcome aboard. Second, I think the DE+OS4 intergration that BBRV was referring to is best described in issue #21 of AmigActive magazine. While it is discussed in other issues, that particular issue broke things down to their lowest common denominator.

    Gee, I miss AmigActive magazine...

    Anyway, glad you could join us for a bit.
    :idea:Targhan

    MorphOS portal? www.MorphZone.org
  • »23.03.04 - 05:20
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    bbrv
    Posts: 750 from 2003/2/14
    From: Earth
    Well, Atheist, your post is a step in the right direction...:-)

    Thank you.

    You promise to read just the Agreement and the posts we made on this thread and we promise to listen to and comment on your opinion. Plus, if you have some suggestions on how to make it less "impossible, to move over to MOS later on" we are ready to listen to that too. But, just know this: we are not trying to force anyone to do anything they do not want to do. First, we do not presume this and second it is not the way we are. You are free to make your own choices.

    Go back to our earlier posts (2000-2002). Think about this Community and the people that are here and active. Are they the type of computer user that is going to be restricted by a EULA or worse a dongle? Recognize that this question is not an encouragement to piracy, it is just our understanding of the market. This is why we told Bill McEwen from the beginning that he needed to position himself WITH a hardware platform. You are welcome to bring OS4 to the Pegasos (assuming you legally obtain it). The OF should make that task definable and achievable. Likewise, we know MorphOS can run on the AmigaOne/Teron. As an early development partner with Mai we probably had the Teron at bplan before any one else in this Community. It works. The problems however are the same as they were on the Betatester and Pegasos I. This does not make for a perfect system. Good, but not good enough in our opinion for commercial success.

    Back to the small fish in a small pond...this is precisely the reason why we are trying to break through to the embedded Linux development market with Motorola. From here we will seek to position ourselves as a solution for the PowerPC Linux Desktop market, but that will still not be enough. Hence, the discussion found in THIS THREAD. This should be something that everyone can get excited about. We need to lower the cost of the hardware by at least HALF if we are going to mount a serious effort to move to a bigger pond. Volume production, big partners and big projects lead to the success that will benefit all the Community. We are doing our best and you are welcome to contribute in any way you think you can. :-)

    Thanks for the conciliatory post. :-) We appreciate it. You are as welcome here as anyone else and hard discussions are good. "As iron sharpens iron, so one man (or woman!) sharpens another."

    R&B

    Morph is more than an OS, its a CONCEPT! :-D
  • »23.03.04 - 11:37
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  • Just looking around
    Posts: 20 from 2004/2/26
    From: Saint-Petersbu...
    Quote:

    P.S. BTW, we FINALLY have received the recognition from ATI that we are a player and are being added to the ATI Developer early release schedule. We will be getting PowerPC driver support and and they will give us their latest compiled lib/binary for PPC, so we can then insert this into our framework. That will get the Scene humming too...


    Are that lib/binary will be based on Scitech's SNAP or ATI Develop they own driver?
    SNAP/PPC isn't here, in fact Scitech haven't even announced a beta of it, so it could be months away still.
    Autor of the BTR_8x8 - Video Capture program for MOS/QNX4/Windows.
  • »26.03.04 - 07:48
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  • Acolyte of the Butterfly
    Acolyte of the Butterfly
    zephar123
    Posts: 139 from 2004/3/8
    R&B

    Thankyou for posting in the forum I personally apreciate it. You give me answers to my concerns. I look forward to owning a peg in a the near future. :-D
  • »26.03.04 - 17:44
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  • Acolyte of the Butterfly
    Acolyte of the Butterfly
    downix
    Posts: 105 from 2003/2/10
    From: Lightning capi...
    @Athiest

    Actually, Mr. McEwan referred to AmigaDE *as* AmigaOS 4.0 on more than one occasion. By trade-law, this means that trademark could be used to define the *new* AmigaOS 4.0 as a replacement for the originally discussed AmigaOS 4.0, in the definition of a licensing agreement. This is why you *NEVER* use a companies trademark as the product trademark if you plan on multiple products, you can and WILL cause this kind of legal quagmire, and can end up handing over a product you never intended due to a shared trademark. If you insist on including a companies trademark, you must have a sub-trademark to define the products as well. (Adobe does this very well with Photoshop, Acrobat, etc) It is simply Amiga's idiocy to have referred to two different products using the exact same trade names. It causes confusion, and can lead to the very kind of claims made here.

    So it is Bill McEwan's fault, for calling AmigaDE AmigaOS 4.0, that is at the root of the whole claim here.
    Nate Downes
    Genesi SARL
  • »27.03.04 - 00:07
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  • Just looking around
    jungleboogie
    Posts: 5 from 2004/3/28
    Hi Bill,

    Your company is a SCAM, and you are a SCAM. Your hardware is incredibly overpriced, it does not represent the Amiga in any way, shape or form, it is nothing but a PC with an "PowerPC" processor. Stop wasting people's time. The fact that you had my account deleted and my posts removed proves that you have everything to hide and nothing of any value to deliver.
  • »28.03.04 - 23:36
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    bbrv
    Posts: 750 from 2003/2/14
    From: Earth
    Hi, we never deleted any posts from you.

    But, if you here for just making trouble then just leave.

    Thanks,
    R&B
  • »29.03.04 - 00:17
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  • News Moderator
    News Moderator
    Darth_X
    Posts: 571 from 2003/2/10
    From: Vancouver Isla...
    @jungleboogie

    I know you are having a field day here on morphzone and just joking around! Guess what??? I'm joking around too!

    Please note, I am a moderator here and would happily delete any posts and/or account of anyone for any reason! How does that sound? Like a SCAM?

    Have a nice day! :-D


    Correct: research, evidence, get a lawyer.

    Incorrect: make false accusations on a message board.
    When you have eliminated all which is impossible,
    then whatever remains, however improbable, must be the truth!!! - Sherlock Holmes
  • »29.03.04 - 01:56
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  • Butterfly
    Butterfly
    Druideck
    Posts: 82 from 2003/5/6
    From: Canada
    @jungleboogie

    HAKUNA MATATA!
  • »29.03.04 - 10:56
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