@stew

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The license granted is for target hardware only.

true

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Hyperion obviously wanted to expand the target hardware range, and AINC. obviously did not want to. Each business looking out for their own interests.

true and understandable since they both want to make money(their own way).

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Therefore I don't think it was a misunderstanding at all but understanding by each party,

no this line of argument has no merit since eyetech was targeting the same customer base hyperion was. we were only getting the scraps off the table(or at least that was the intention anyway). there was no need to expand the hardware base to target a certain customer base. do you see the distinction? it would have helped hyperion to expand the hardware base and tried to do so through ainc but failed. the reasons for this failure is coming out in the court case. now just because hyperion was selling for use in set-top boxes,kiosks, etc does not mean they did anything against the contract.

so far the only legit claim that i hear is that hyperion spent too much time in developing os4. everything else is related to "the barney syndrome" (nip it in the bud). in other words they suspect something so they take action before the actual contract is compromised(regardless of whether or not hyperion intended to.)

in the situation of the macmini port the only thing i see that hyperion is guilty of is not holding the reins of their developers tight enough. tho if their contract don't forbid this type of development(without approval from hyperion/ainc) then really there is nothing hyperion can do to stop them. all they can do now is buyout the code to prevent a repeat of the macmini situation(assuming they can buy it out.)

Last edited by jkirk on 21-Jun-2007 at 01:08 PM.
Last edited by jkirk on 21-Jun-2007 at 01:07 PM.

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