1

The Honorable Robert Lasnik

2 3

5

111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111

6

03-(:\'-00003-1>1<:(:1,

4

7 8

UNITED STATES DISTRICT COURT

9

WESTERN DISTRICT OF WASHINGTON AT SEA1TLE

10

11

THENDIC ELECTRONICS COMPONENTS, ) a foreign corporation, and GENESI SARLI a ~

12

foreign corporation,

13

NO. 03·003

Plainti!ls;

14 VB.

15 16

AMlGA INC., a corporation in the state of

Washington,

DECLARATION OF BILL BUCK IN SUPPORT OF PLAINTIFF'S MOTION TO MODIFY THE ORDER GRANTING SPECIFIC PERFORMANCE

Defendant.

17

18

19

20

I, Bill Buck, am over 18, reside in Paris, Prance and am competent to declare as follows:

1.

At the time the OEM Software Agreement (hereinafter the "Agreement'") was entered into and

21

22 23

24 25

26 27

28

29

until recently, I was a Director at Tbendic Electronics Components (hereinafter '''Thendic''). 2.

The "Agreement" stales that the Amiga DE Operating System shall be comprehensively

integrated into "'fhendic's'l products including any and all Henhancements," "upgrades/' iiupdates," "changes" and "improvements" See i'AGREEM..)j""Nr' ~.l. I am concerned with Amiga's attempts

to minimize the functionality of Amiga's DE Operating System, deviating from the express terms and spirit ofthe iiAgreement."

DECLARATION OF BILL BUCK Page -1-

LAW OFFICE OF RJ:CI-L\RD]. HlJGI-lBS 1424 FOURTH AVENUE, SUITE 909

SEATTLE, WA 98101

PH. (206) 91))-0664 FAX (206) 903-6144

1

3.

When the parties executed the "Agreement," Amiga's DE Operating System was intended to

2

be its only Operating System and the Operating System for the future. Amigo's prior Operating

3

System, as 3.9, was antiquated and future development of Auriga's OS v.ras conditioned on robust

4

sales of OS 3.9 which did not occur. Attached as exhibit 1 is a true and accurate copy of Arni;\,,'8.'s

5

Executive Update dated November 22"", 2000. To the cootw)', sales

6

4.

7

Operating System as an ~~Operating System" and began referring to it as 11 "content-environment."

8

IiThcodie" contracted for an Operating System not a '~contcnt environm.ent." Subsequently, Amiga

9

introduced another Operating System, OS 4.0 and its progeny. OS 4.0 encompassed many ofthe

or OS 3.9 were a bost.

Soon after the "AgreemenV' was executed, Amiga stopped referring to the Amiga DE

10

functions that were to haw been part of the Amiga DE Operating System.

It

5.

12

operating system that was to be mutually enhanced by way ofits integration into "Thendic" products-

13

like Pegasos. See "AGREEMENT" p. 5. ~14.2.3 ("Thendic agrees that the marketing and distribution

14

rights granted for the Amiga DE Sottware are conditioned On the obligation ofThendie to add value to

15

the Amiga DE Software...."). To that end, "Thendic" was prepared to develop and did develop

16

products to utilize Amiga DE only to meet with Amiga's continued refusal to integrate.

17

6.

18

accurate copy ofan email written by Fleecy Moss late last week. It appears that Amib'" is attempting

19

to further marginalize the functionality of the Amiga DE Operating System so as to prevent and/or

20

frustrate effectlve integration into "Thendie' s" products.

21

7.

22

teclmolOb'Y updato posted on Amigo's website (confirming integration of the Amigo DE Oper.n:ing

23

System with Amiga 08 4 and 4.2).

24

8.

25

promotional posting as found On Amiga's website (confinning integration of the Amiga DE Operating

26

System with Amiga OS 5.0 and beyond).

When the "AGREF.MENT" was executed, Amiga DE was touted to become a comprehensive

Fleecy Moss is Amiga's Chief Technology Officer (CTO). Attached as exhibit 2 is a true and

Attached .. e.hibit 3 is a true and accurate copy ofa pottionofAmigo's April 12, 2001

Attached as exhibit 4 is a true and accurate copy of a portion of Amiga's July 1, 2002

27

28 29

DECLARATION OF BILL BUCK

LAw OPJllGEOFRlCHAlIDj. HUGHF.S

l'age -2-

1424 FOUR'l'H AVENUE, Stn'I'E 909 SRAl1rLE, ~)l 98101 I'll. (206) 903-06.. FAX (206) 903-6144

aJ(Ol/~QQ4

14;2~

PA!

---_.. __...._-_

...

lroDically, despite Ami2a" consistent effotU to minim17-e its DE Operating 8)'5tcm, it bali

1

9.

2

oleotol '" l'uJly iDtegr.... ito Oponting System willi AmiI' llE (so<

3

''ThcIldic','' position I!lIliJ'wligo" Opm.tlng Sy>_ i, part and p""",1 '" Amip llE 0DdI'" It ill""

4

"upgrod.," "_ _" "imptovomml;" "'haIlllc" or ''update'' as a =cit of tho ..."tIIaI '" plaDned

S

iDtegmlon of Amip llE wifu AmilIa OS.

~

10.

7

tho partieo' "IlR.m
S

9

_ih 3 ..d 4). It i,

I believe that tbo l""'i<',.,j cilangut!'. O,.ler would bettet reflect cnfuroewent of I ....... \lUlm pma!tyofpmi"'Y, \IlIdet1he 1..., .ftho Stale QfW"~D thattbe -

i.

true wul correct 1D tho boot of my l>ell.'..,o know1odse·

10 11 12 13

DATI!D: Marcl> 1-,2004.

~~ ..::...:....----

=mn=-=s'--""";"k:'::"""-

14

15 16 17

18 19

20 21

22 23

24 2S

26 27

28

29

L6" OPnClIj OJ II,IC8o\JtD J. H1Je,';1tm,

llECIARAnON OF J3lLL J3UCK

POi" ·3-

1424 F01a-TIlA~'B., ~t.IlTtI W9' SUTIL" WA 91101 .... (206) FA:<

(206)-"