amiga-news.de - Court records of the trial Genesi vs. Amiga Inc. chronologically adapted

15.Nov.2003
ANN (Website) Court records of the trial Genesi vs. Amiga Inc. chronologically adapted
In a still running trial at the court Washington-West in Seattle, USA, has the German Thendic Electronic Components GmbH - respectively Genesi S.à.r.l. as their legal successor they claim to be with reference to the trial about a licence agreement - brought an action on January, 2nd 2003 against Amiga Inc.

Sammy Nordström, known as "Samface", has now made for the first time the referring court records - as far as they are publicly available - freely available in chronological order.

The lawsuit is all about an OEM licence dated November 2000 in which Amiga Inc. committed themselves against the Thendic Electronic Components GmbH to adapt AmigaDE to their products Cashboy, Mobicash, transponder smart chip readers, Cashboy@Home and WindowsCE terminal (or "Smartboy").

The point at issue here seems to be the second paragraph of appendix A that follows after the product listing that reads as follows: "Thendic has the right with the consent of Amiga at any time to add new products to this list to thereby implicate Amiga's obligations under the Agreement to integrate the Licensed Software into such additional Thendic Products. Amiga will not unreasonably withhold constent to expand the list of Thendic Products."

Therefore has Amiga Inc. given Thendic the right to add further Thendic products to this list at any time with the consequence that AmigaDE would have to be adapted to those. Amiga Inc. commits themselves not to unreasonably withhold their consent to the addition of single such further products to Thendic.

The question to be solved by the judge may well be whether this OEM licence is valid for the at that time by the formerly Thendic-France S.à.r.l. (now part of the Genesi group) exclusively world wide distributed PowerPC computer Pegasos or whether Amiga Inc. have the right to reject the adaption of AmigaDE to this product.

That Genesi S.à.r.l. themselves appeared as a plaintiff is based on the - according to them - possible transferability of the licence agreement as the Thendic Electronic Components GmbH as well as Thendic-France S.à.r.l. and Genesi S.à.r.l. have the same main shareholder, Raquel Velasco and Bill Buck.

The court records about this lawsuit have already been made available via the Internet before (as far as they had been publicly available) but to have access there you had to register (for free) at the owner of the site, Rich Woods, and then you received a password. Free accessible had made only chosen documents.

Update: (19.12.2017, 23:45, cg)

Changed link to the court documents to point to a local copy, since the original website has gone offline a decade ago. (snx) (Translation: wk)

[News message: 15. Nov. 2003, 09:09] [Comments: 0]
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