Looks like the first round has been awarded to Hyperion.

http://www.merlancia.us/amiga-hyperion/38orderdenyinginjunctionshow_case_doc.pdf

Now awaiting round 2.

@Pyramider

There may not be a second round. With the ownership of the OS in contention, and the Judge "not" granting the injuction does not fair well for AI, Then there are the other points.

AI could still get something, if they have an ace up their sleeve, but if they were trying to keep OS 4 from going to market they should have played it. it's 50th and goal.

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@wolfe

So you're saying, Hyperion can go on as they were before and we should keep an eye on their website for more announcements?

@wolfe

Hopefully with this result AI will realize that if they were to continue with the case, it will be a long and expensive battle without any guarrantees that they will get a favourable result, so perhaps they will now be more open to negotiations with Hyperion out of court.

@Pyramider

Yes, Hyperion can now (for the time being) go on as before, with their partnership with ACube, etc.

Last edited by COBRA on 13-Jun-2007 at 10:05 AM.

@Pyramider

Quote:

Pyramider wrote: Looks like the first round has been awarded to Hyperion. http://www.merlancia.us/amiga-hyperion/38orderdenyinginjunctionshow_case_doc.pdf

Sounds like real good news after all...

Quote:

Pyramider wrote: Now awaiting round 2.

Any idea when "round 2" is going to take place?

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Dandy
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Ouch! Not looking good for A-Inc...

Quote:

In the absence of proof of Amiga Delaware?s status as lawful successor in interest to the rights set forth in the Agreement, and of Hyperion?s and Eyetech?s written acceptance thereof in compliance with §7.12 of the Agreement, it cannot be said that plaintiff has demonstrated a strong likelihood of success on the merits. The motion for a preliminary injunction may be denied on this basis alone.

In other words, the shell game may be catching up with them.

Does Hyperion go for the jugular? Will A-Inc regroup and redeploy? Will they kiss and make up?


Time to warm up that popcorn popper again....

@Pyramider

Very interesting, the court document shows that at this stage not enough and too conflicting information has been provided to the court to even assert AInc rights to OS4.

It's only the motion for a preliminary injunction which has been denied (thus in favor of Hyperion) and that doesn't mean they'd lose the actual lawsuit, but at this point it doesn't look good for AInc.

By filing this lawsuit they might have opened the OS4/trademarks ownership "can of worms". Until then it looked like Hyperion was still considering them as rightful owner and things could have been worked out in their favor but now, unless they settle with Hyperion, they better get their act together and produce valid, reliable and convincing documents and arguments to the court or by the looks of it they're likely [to] lose round #2 as well.

I'm not surprised that the judge couldn't see a clear picture throughout all the mess of documents, neither could we

Last edited by AmigAlex on 13-Jun-2007 at 10:34 AM.

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@COBRA

Not wanting to be negative here but Hyperion always said that they cannot port AOS4 to any hardware (including SAM) when there is no license from AInc.

So if they continue as before we will never see AOS4 on any new hardware.

Furthermore the partnership with ACube regarding the AOS4 part only encloses classic hardware (as far as I understood that announcement)!

@AmigAlex

And just in case the Judge is doing some homework on the case...


Hello Mr Judge

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@Thread

If I said that I was shocked I would be lying .

I await further Tigger "It does not matter" point of view" .

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So if Amiga Inc no longer own OS4 (or at least might not be able to prove they do), does this affect other versions of the OS or just the code Hyperion contracted out?

If the latter, then buggering hell. The Amiga desktop will remain in developer limbo. A hobby version from Hyperion and a (even longer) delayed OS5 from Amiga Inc. The boat is sailing on both camps...

If the former, hello! Roll up govna. Get your geniune OS4 ere. Two boxes for a tenna. Get em cheap while they last. Don't mind the label saying 3.1 - They are genuine OS4's I tell yah. Roll up, roll up.

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Well, I think that's good news..

Maybe AInc will strike up a new deal with hyperion instead of continuing now... Maybe leave hyperion develop the OS for them and they get object code to run on whatever hardware they want... There's no reason they couldn't develop their own hardware drivers if they really wanted.. All they need is the core OS in binary really then build their own drivers and software for it...

I'm not really taking sides with anyone at the moment...
Hyperion HAS done all the work... but Amiga IS the owner of the IP...

I just hope the following happens:

Mess gets sorted once and for all, new hardware with OS4 final gets released

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Banana?

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ikir

@ikir

Well yes, especially if it means that Hyperion have a chance to take the brand and trademarks too.

Amiga will be with its rightful owners if that happens.

It's AInc's own fault for being dodgy in the first place and having all of these company insolvencies and transfers of rights.

Perhaps if you had actually concentrated on the Amiga from the start this could have been avoided?

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Sam

@Pyramider

Taken from official document:

Quote:

In light of this unresolved factual question, it cannot be said that Amiga has demonstrated a likelihood of success on the merits of its claims.

Ouch!

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Sam

@Reth

Since Amiga Delaware could not show proof of a legal transfer of their IP and OS4 contract, Hyperion can (for the time being) assume full ownership rights to OS4, until it is proven otherwise (if that ever becomes the case).

But even if they still want to honour their contract, according to that contract Hyperion have a license to distribute OS4 for the "Target Hardware", which is defined by the contract as "the PPC based hardware developed and marketed for the Amiga platform including but not limited to the hardware developed and marketed by Phase 5, DCE and the AmigaOne hardware developed by Escena under contract with the AmigaOne partners."

This definition grants a license to any PPC-based hardware, as long as it is developed and marketed for the "Amiga platform". That means a MiniMac or Playstation3 port is obviously out of the question because those hardware are not targeted at the Amiga market, but ACube is obviously intending the Sam440 for the Amiga market and there is even a voice recording from Bill McEwen acknowledging this. Amiga Inc. would probably object to this and say "but we want to make money from that too by getting ACube pay for a license", but Hyperion no longer has to "play nice" with them and accept their unjustified claims like before when they were hoping for a friendly resolution.

@wolfe

Quote:

There may not be a second round. With the ownership of the OS in contention,

On the contrary, Amiga Inc will want to fight for the IP. The only way to settle that is to move on with a full trial. It's only the injuction that has been defeated, there's still much more to be settled.

Plaz

@Plaz


What this is about is the rights to OS4.0. Between Amiga Delaware and Hyperion.

No one has yet challenged Amiga Inc's rights to anything else.
If Amiga Inc continue with this legal action Hyperion may be forced to open other
cans of worms in their defense that could expose Amiga INC to claims about ownership of other IP.

Last edited by Spectre660 on 13-Jun-2007 at 11:53 AM.

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@COBRA

Quote:

Since Amiga Delaware could not show proof of a legal transfer of their IP and OS4 contract, Hyperion can (for the time being) assume full ownership rights to OS4, until it is proven otherwise (if that ever becomes the case).

I think both sides are left in limbo for the moment, but with momentum on Hyperion's side. Each is still going to have to prove in court why they own the OS. For the time being, the court ruling says there is no clear transfer of ownership from Amiga Inc W. to Amiga Inc D., but also says neither side agreed on exactly "insolvent" ment.

Will Amiga Inc take this defeat and go back to the bargaining table?
Is Hyperion even interested in dealing with Amiga Inc any more?
Or do we pull up comfy chairs and more popcorn to await the actual trial case?

Maybe Hyperion and/or Amiga Inc should post a poll here and ask us what we think is the next best move. (ha, ya right)

Plaz

@Spectre660

Quote:

What this is about is the rights to OS4.0. Between Amiga Delaware and Hyperion.

Specifically this passage from the document....

Quote:

Notably absent from the complaint, the motion, and the Declaration of William McEwen is any mention of a company named Itec, LLC, although Mr. McEwen did attach a copy of an agreement between Hyperion VOF and Itec, LLC to his declaration. Exhibit G. The role of Itec as initial assignee of the rights of Amiga Washington was not discussed in the motion papers until plaintiff’s reply. Dkt.# 33. Nowhere in the record is there a document demonstrating the initial transfer or assignment of rights from Amiga Washington to Itec.

If there is not a clear transfer of assest from Amiga Inc W. to Amiga Inc D., my guess would be that Hyperion could argue that the IP remained with Amiga Inc Washington (who is now defunct) and because of clause 2.07, Hyperion now owns the OS.

Total speculation on my part, but a reasonable guess of events if Amiga Inc decides to continue with the trial.

Quote:

No one has yet challenged Amiga Inc's rights to anything else.

Yes and No. The defeat of the injuntion doesn't determine rights, but Hyperion challenged Amiga Inc's rights as part of their defense against the injunction. Now that Hyperion has won and the Judge agrees there is a potential problem with rights, Hyperion may go on to contest the rights issue.

Plaz