AROS is an API clone of Amiga OS 3.1, identified in the Agreement as 'The Software'. Amiga Inc are prohibited from selling anything running a substantially similar software architecture, either by themselves or through licensees. This includes any substantially similar software, not just one developed by Amiga Inc. No doubt Hyperion would have had MorphOS and AROS in mind when they negotiated this aspect of the agreement.
AROS being open source and free of charge is irrelevant. The agreement clearly states that the Amiga Parties will not distribute, free of charge or otherwise, any software exhibiting a Software Architecture (note - software architecture, not CPU Instruction Set Architecture) similar to the original Software.
"to the extent that such software architecture is protectable under the copyright laws of the United States (a "Substantially Similar Software Architecture").
Joined: 4-Jan-2010 Posts: 580
From: London, UK (ex-pat; originally from Norway)
@T-J
Quote:
Of course, CommodoreUSA could simply decide not to bundle AROS, but their PCs really rather depend on having a substantial link back to the original Amiga lineup. In my opinion, running AROS isn't nearly enough, but not running AROS out of the box would be worse.
Basically, if Mr Altman wants to make money, he would be better advised to stick to the Commodore brand and make his money from the nostalgia for the C=64 for now. In the highly unlikely event of this being a success, he could then move onto the Amiga scene with the aid of some PC-64 derived profits, but as it stands the legal situation is too much of a minefield. Why expose a fragile startup to unnecessary risk?
CommodoreUSA are taking a very small legal risk. From their POV they have negotiated a license with the owner of the trademark.
Unless Hyperion can prove that Commodore USA have somehow intentionally caused illegal interference with their business by signing a license with Amiga Inc., their best bet is to get a court to agree that Amiga Inc. can't legally grant the license, and that Commodore USA needs to stop using the trademark.
Commodore USA are unlikely to be more out of pocket than the cost of rebranding their product. Chances are that any attempt from Hyperion to go after Commodore directly would just result in their case getting dismissed almost immediately.
Amiga Inc. on the other hand, that is a different matter - they could have a real problem on their hands.
Note that I'm not saying picking up the Amiga brand for this is smart. I'd rather they didn't.
AROS is an API clone of Amiga OS 3.1, identified in the Agreement as 'The Software'. Amiga Inc are prohibited from selling anything running a substantially similar software architecture, either by themselves or through licensees. This includes any substantially similar software, not just one developed by Amiga Inc. No doubt Hyperion would have had MorphOS and AROS in mind when they negotiated this aspect of the agreement.
Hey, good point! I should have re-read the agreement. Looks like Amiga Inc messed-up when (if) they gave the Amiga name to CommodoreUSA, unless they agree to NOT ship it running AROS. If Amiga Inc didn't make this clear when licensing it to CommodoreUSA, then their license may be invalid?
EDIT: Reading later posts, seems it may not be quite so simple after all...
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