Intellivision Amico’s trademark changed to ‘abandoned’

[Cebus Capucinis]

12 minutes ago, MrBeefy said:

Sudesh is also allegedly the one who blocked their attempt to go bankrupt earlier in the year.

Not to get into more legalese, LOL, but there's a very solid argument (at minimum a very grey legal area) to be made that one cannot contract away one's right to file for BK or require consent to do so as part of a loan. Not sure where the chips fall on it as it's only tangentially in my wheelhouse and I haven't boned up on distressed assets, but I wouldn't have a dropped jaw if they filed anyway and it ultimately was decided that any "BK blocking rights" in a contract we're unenforceable (not saying it's certain, just that there's unsettled law in this area).

 

Having said that, to get MORE in my wheelhouse, Sudesh is a director, and generally filing a voluntary petition for BK has to be consented to by the board at minimum and shareholders at maximum per any bylaws or organizational documents. If there's a blocking right for BK in the org docs, say that Sudesh has to approve it as part of a "fundamental transaction," that's likely more enforceable (and is probably in there somewhere).

 

Now if three creditors who otherwise meet the requirements for an INvoluntary BK petition were to get together..... 🤔

[MarioMan88]

All we need is the official “it’s over” email from Phil.

 

Then the CU Podcast victory lap…

[Cebus Capucinis]

Taking a victory lap over a failed console, of all things, is frankly equally as pathetic as the console in the first place. But then again we're talking that circle of fat, balding nerds talking about other fat, balding nerds, so I shouldn't be shocked if that happens.

[Tommy2D]

24 minutes ago, Cebus Capucinis said:

Not to get into more legalese, LOL, but there's a very solid argument (at minimum a very grey legal area) to be made that one cannot contract away one's right to file for BK or require consent to do so as part of a loan. Not sure where the chips fall on it as it's only tangentially in my wheelhouse and I haven't boned up on distressed assets, but I wouldn't have a dropped jaw if they filed anyway and it ultimately was decided that any "BK blocking rights" in a contract we're unenforceable (not saying it's certain, just that there's unsettled law in this area).

 

Having said that, to get MORE in my wheelhouse, Sudesh is a director, and generally filing a voluntary petition for BK has to be consented to by the board at minimum and shareholders at maximum per any bylaws or organizational documents. If there's a blocking right for BK in the org docs, say that Sudesh has to approve it as part of a "fundamental transaction," that's likely more enforceable (and is probably in there somewhere).

 

Now if three creditors who otherwise meet the requirements for an INvoluntary BK petition were to get together..... 🤔

I'm not an attorney but I'm continually surprised at how often a contract can limit what someone might consider a "basic right".  The U.S. Congress just passed a law...this year... that prohibits locking someone into arbitration for sexual harassment claims, which suggests that it was a fairly common practice. 

 

The thought of being compelled not to declare bankruptcy seems pretty draconian but I'm not shocked to see that it's a grey area. 

Edited December 29, 2022 by Tommy2D

[MrBeefy]

10 minutes ago, MarioMan88 said:

All we need is the official “it’s over” email from Phil.

 

Then the CU Podcast victory lap…

3 minutes ago, Cebus Capucinis said:

Taking a victory lap over a failed console, of all things, is frankly equally as pathetic as the console in the first place. But then again we're talking that circle of fat, balding nerds talking about other fat, balding nerds, so I shouldn't be shocked if that happens.

I think their victory lap will be way more subdued than what most people would like to see. They've already been proven right with time. It is really more just waiting for the final nail in the coffin. There are still people thinking there is a chance for this thing. I think it's less about celebrating a failed console but laughing at Tommy's idiocy.

 

I mean they've put themselves into a situation it cannot be successful or have a chance to be even.

 

I think the victory lap may be more make fun of some Tommy quips and maybe do a deep dive on that hour long non-apology apology video from Tommy.

 

[Tommy2D]

9 minutes ago, Cebus Capucinis said:

Taking a victory lap over a failed console, of all things, is frankly equally as pathetic as the console in the first place. But then again we're talking that circle of fat, balding nerds talking about other fat, balding nerds, so I shouldn't be shocked if that happens.

I often think about the absurdity of cascading tiers of "punditry", involved in fandoms.  Instead of having a Cliff Clavin type, at the bar or on your bowling team, he has an obscure YT channel. 

[Cebus Capucinis]

6 minutes ago, Tommy2D said:

The U.S. Congress just passed a law...this year... that prohibits locking someone into arbitration for sexual harassment claims, which suggests that it was a fairly common practice. 

That's specifically because of Weinstein. He repeatedly harassed actresses but because their contracts included arbitration clauses AND water-tight NDAs that would mean extreme damages if they reported anything, none of them could report the decades of abuse. It took an act of Congress to finally make this practice (which was common in Hollywood for decades) expressly illegal.

 

There's something to be said for freedom of contract, and that in itself is a fundamental right as well, so it's a tough call from a purely legal perspective.

[MrBeefy]

1 minute ago, Tommy2D said:

I often think about the absurdity of cascading tiers of "punditry", involved in fandoms.  Instead of having a Cliff Clavin type, at the bar or on your bowling team, he has an obscure YT channel. 

[MrBeefy]

Just now, Cebus Capucinis said:

That's specifically because of Weinstein. He repeatedly harassed actresses but because their contracts included arbitration clauses AND water-tight NDAs that would mean extreme damages if they reported anything, none of them could report the decades of abuse. It took an act of Congress to finally make this practice (which was common in Hollywood for decades) expressly illegal.

 

There's something to be said for freedom of contract, and that in itself is a fundamental right as well, so it's a tough call from a purely legal perspective.

It would be interesting to know if there was similar issues in the gaming industry.

[Cebus Capucinis]

3 minutes ago, MrBeefy said:

It would be interesting to know if there was similar issues in the gaming industry.

Not to go too off topic, but I candidly doubt it. The game industry has never had a consolidated power player or players with the sheer financial wherewithal to force such "take it or leave it" terms on others. This is partially tainted by my opinion regarding certain potentially false allegations from a specific game "journalist" which triggered some really nasty movements, but that's delving into rule breaking territory.

[Matt_B]

10 minutes ago, Tommy2D said:

The thought of being compelled not to declare bankruptcy seems pretty draconian but I'm not shocked to see that it's a grey area. 

Just consider how hard it is to get a student loan discharged. 😀

[MrBeefy]

36 minutes ago, Cebus Capucinis said:

Not to go too off topic, but I candidly doubt it. The game industry has never had a consolidated power player or players with the sheer financial wherewithal to force such "take it or leave it" terms on others. This is partially tainted by my opinion regarding certain potentially false allegations from a specific game "journalist" which triggered some really nasty movements, but that's delving into rule breaking territory.

Here let me bring it back on topic.

 

[Razzie.P]

2 hours ago, Tommy2D said:

if you're a successful business, you probably want to focus on your core activity 

 

Hehehe...

[Tommy2D]

1 hour ago, Cebus Capucinis said:

That's specifically because of Weinstein. He repeatedly harassed actresses but because their contracts included arbitration clauses AND water-tight NDAs that would mean extreme damages if they reported anything, none of them could report the decades of abuse. It took an act of Congress to finally make this practice (which was common in Hollywood for decades) expressly illegal.

 

There's something to be said for freedom of contract, and that in itself is a fundamental right as well, so it's a tough call from a purely legal perspective.

1 hour ago, MrBeefy said:

It would be interesting to know if there was similar issues in the gaming industry.

Hollywood may have been the worst offender and I don't know about the gaming industry but I can say, with some certainty, that it happened in other fields. 

 

Way back in 2010, Congress required the Department of Defense to bar its contractors from forcing their employees into mandatory arbitration to address sexual harassment allegations. If I recall correctly, there were some allegations involving DOD contractors operating in conflict zones. 

 

Speaking of start-ups: that electric car company Rivian wants to fit one more sexual harassment case under the old rules (mandatory arbitration).  They might be within their legal rights, if they can prove that the case predates coverage from the new law, but, at minimum: it looks like a horrendous P.R. decision.  

https://www.wglt.org/local-news/2022-11-18/rivian-wants-to-force-arbitration-in-sexual-harassment-case-despite-new-law-prohibiting-it

 

Speaking of aging nerdery: all of this contractual talk is making me think of Deep Space Nine and the Ferengi Rules of Acquisition. 

 

Edited December 29, 2022 by Tommy2D

[MrBeefy]

1 hour ago, Tommy2D said:

Hollywood may have been the worst offender and I don't know about the gaming industry but I can say, with some certainty, that it happened in other fields. 

 

Way back in 2010, Congress required the Department of Defense to bar its contractors from forcing their employees into mandatory arbitration to address sexual harassment allegations. If I recall correctly, there were some allegations involving DOD contractors operating in conflict zones. 

 

Speaking of start-ups: that electric car company Rivian wants to fit one more sexual harassment case under the old rules (mandatory arbitration).  They might be within their legal rights, if they can prove that the case predates coverage from the new law, but, at minimum: it looks like a horrendous P.R. decision.  

https://www.wglt.org/local-news/2022-11-18/rivian-wants-to-force-arbitration-in-sexual-harassment-case-despite-new-law-prohibiting-it

 

Speaking of aging nerdery: all of this contractual talk is making me think of Deep Space Nine and the Ferengi Rules of Acquisition. 

 

Some rules of acquisition were added. Like tell them you will never take money before you can try the product, then take their money and give them no product 

[Tommy2D]

Bringing this back to Amico...

 

DJC is planning to host ANOTHER weekly Amico show, in 2023.  He said that it will start once IE announces a new system release date. 

 

I guess that will be the start of the Amico Mafia's victory lap. 

[Tommy2D]

1 minute ago, MrBeefy said:

Some rules of acquisition were added. Like tell them you will never take money before you can try the product, then take their money and give them no product 

IE clearly follows the first rule. 

 

[MrBeefy]

17 minutes ago, Tommy2D said:

Bringing this back to Amico...

 

DJC is planning to host ANOTHER weekly Amico show, in 2023.  He said that it will start once IE announces a new system release date. 

 

I guess that will be the start of the Amico Mafia's victory lap. 

Amico infinity? They are gearing up to wait a while aren't they?

 

I mean what is there to really talk about weekly in regards to the vaporware console? Hey it would be great if they made a ___ game? Like even though they can't finish the 35 they initially wanted for launch 2021.

 

I forget they will be in Amico denial for infinity.

15 minutes ago, Tommy2D said:

IE clearly follows the first rule. 

 

 

If you want to take a stab at it yourself here's the blank one.

[SegaSnatcher]

Well there goes a 2nd Christmas without an Amico for the children.   These poor kids got new phones, tablets, PS5/SeriesX/Switch instead, which is a travesty! 

[MrBeefy]

44 minutes ago, SegaSnatcher said:

Well there goes a 2nd Christmas without an Amico for the children.   These poor kids got new phones, tablets, PS5/SeriesX/Switch instead, which is a travesty! 

Never underestimate a music guy! New phrase is that 2023 is year of the Amico!

[roots.genoa]

5 hours ago, Cebus Capucinis said:

Taking a victory lap over a failed console, of all things, is frankly equally as pathetic as the console in the first place. But then again we're talking that circle of fat, balding nerds talking about other fat, balding nerds, so I shouldn't be shocked if that happens.

I wholeheartedly agree. If I were Pat and Ian, I would go for a "victory 20-minute stare with a slight smile" instead. 🙂

(only problem is it would be very boring for the audio version)

[Rev]

6 hours ago, SegaSnatcher said:

Well there goes a 2nd Christmas without an Amico for the children.   These poor kids got new phones, tablets, PS5/SeriesX/Switch instead, which is a travesty! 

3rd….

 

2020

2021

2022

[Razzie.P]

He did promise "legal incoming" once upon a time, I believe.   

[Rowsdower70]

Regarding the lease agreement:   I think it was all part of Tommy's CEO costume.   For him it was like renting a tux.   He really wanted to put out those videos massaging his ego and showing off his fancy office, and that required him to go out and rent a tux.   

[atarifan88]

18 hours ago, MarioMan88 said:

Well appears INTV is on the furniture launchpad, so to speak….just need some fuel 😉