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/  Forum Index
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      /  Who owns what?
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PosterThread
Rob 
Re: Who owns what?
Posted on 24-Dec-2009 21:48:06
#21 ]
Elite Member
Joined: 20-Mar-2003
Posts: 6344
From: S.Wales

@AmigaHeretic

Quote:
What does that mean? How can it be exclusive when other people have rights to it? Hyperion and Claonto for example both have "rights" to 3.1 so basically the may have perpetual world wide rights, but it's obviously not exclusive.


They are completely different contracts.
Hyperion is the only one that has rights to use the 3.1 source to further develop AmigaOS, therefore their rights are exclusive.
Cloanto only have the rights for distribution and sale of the of the original 1.0x to 3.1 binaries and data.

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Hyperionmp 
Re: Who owns what?
Posted on 25-Dec-2009 10:40:05
#22 ]
Hyperion
Joined: 8-Mar-2003
Posts: 502
From: Unknown

@Rob

The first source of information regarding ownership and exclusive license rights (which are two separate issues legally) is the recently entered stipulated judgment by the Federal Court in Seattle.

It is not only more recent but it is a judgment by a court of law which everyone needs to abide by, even parties who were not directly involved in the litigation.

In the legal order a judgment by a court has more value than a contract concluded between private parties.

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acefnq 
Re: Who owns what?
Posted on 25-Dec-2009 13:20:09
#23 ]
Cult Member
Joined: 11-Jan-2006
Posts: 617
From: Adelaide, South Australia

@tomazkid

So what does it matter to you?

ace

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Seer 
Re: Who owns what?
Posted on 25-Dec-2009 19:47:14
#24 ]
Team Member
Joined: 27-Jun-2003
Posts: 3725
From: The Netherlands

@acefnq

It's about the legal status of Boing Bag 3. It matters to us if it is or isn't and if we can or cannot have a news item on the site about it.

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rigo 
Re: Who owns what?
Posted on 25-Dec-2009 20:36:57
#25 ]
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Joined: 30-Jul-2003
Posts: 718
From: Unknown

@Seer

If that is true, a post on a public forum seems a strange way to determine that. Surely a private mail would have a much more direct and efficient effect...

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Comments made by me on any public fora are not representative of, or on behalf of, any company I may have, or assumed by the reader to have, any association with.

Any comments are a personal opinion, and should be accepted as such.

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cgutjahr 
Re: Who owns what?
Posted on 25-Dec-2009 20:54:10
#26 ]
Cult Member
Joined: 8-Mar-2003
Posts: 969
From: Unknown

@Seer

Quote:

It's about the legal status of Boing Bag 3. It matters to us if it is or isn't and if we can or cannot have a news item on the site about it.

The legal status of BoingBag 3 is obvious: It's not legal. It contains AmigaOS modules, hence it has to be considered illegal until the maintainer of this product steps forwards and tells us that he got a license and where he got it.

If you're actually not concerned about the legal status, but want to know if there's an IP owner willing to and/or capable of prosecuting parties pirating his IP, the answer is a lot more complicated - the situation is similar to OS4: code derived from 3.1 belongs to Amiga (both Amiga and Hyperion can prosecute people pirating 3.1 code), 3.5/3.9 specific code belongs to its respective authors (many external individuals, plus some modules written by H&P inhouse), the distribution rights were licensed to H&P but that license may or may not be canceled by now (depending on whom you ask - Amiga or H&P).

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Seer 
Re: Who owns what?
Posted on 25-Dec-2009 21:08:27
#27 ]
Team Member
Joined: 27-Jun-2003
Posts: 3725
From: The Netherlands

@rigo

We did, it just took time before we got a reply from them. So Tomaz thought it could also make a nice topic since things have changed recently.

Last edited by Seer on 25-Dec-2009 at 09:11 PM.

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tomazkid 
Re: Who owns what?
Posted on 25-Dec-2009 23:06:48
#28 ]
Team Member
Joined: 31-Jul-2003
Posts: 11694
From: Kristianstad, Sweden

@rigo

Quote:
If that is true, a post on a public forum seems a strange way to determine that. Surely a private mail would have a much more direct and efficient effect...


As Seer wrote above.

This thread was more of general interest, due to the a bit messy state of the ownership and rights of the different versions of AmigaOS.

Emails were sent as well.

Last edited by tomazkid on 25-Dec-2009 at 11:07 PM.

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tomazkid 
Re: Who owns what?
Posted on 3-Mar-2011 2:30:04
#29 ]
Team Member
Joined: 31-Jul-2003
Posts: 11694
From: Kristianstad, Sweden

@tomazkid

Well, it is funny, but this thread actually can be reused.

anyway, Workbench is apparently a trademark registered by Cloanto.

Explains a few recent events.

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number6 
Re: Who owns what?
Posted on 3-Mar-2011 2:56:51
#30 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@tomazkid

Once again:

http://www.amiga-news.de/de/news/AN-2011-03-00002-DE.html

Sorry for German only atm.

"Amiga" forever...ironic.

#6

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A1200 
Re: Who owns what?
Posted on 3-Mar-2011 10:30:17
#31 ]
Elite Member
Joined: 5-May-2003
Posts: 3086
From: Westhall, UK

@rigo

Quote:
If that is true, a post on a public forum seems a strange way to determine that. Surely a private mail would have a much more direct and efficient effect...


The trouble with that of course is depending on which company/individual you talk to, they might have different claims to the rights based on whatever bar napkin they happen to have in their safe.

_________________
Amiga A1200, 3.1 ROMs, Blizzard 1230 MKIV 64MB & FPU, 4GB DoM SSD, Workbench 3.1

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1Mouse 
Re: Who owns what?
Posted on 3-Mar-2011 14:14:08
#32 ]
Super Member
Joined: 23-Jun-2005
Posts: 1356
From: Bradford, West Yorkshire

What about Amiga name variations?

Amiga - Amiga Inc
Amiga OS - ?
AmigaOS - Hyperion
A1 - Eyetech
AmigaOne - Eyetech

Just curious

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pavlor 
Re: Who owns what?
Posted on 3-Mar-2011 14:35:41
#33 ]
Elite Member
Joined: 10-Jul-2005
Posts: 9577
From: Unknown

@1Mouse

Quote:
Amiga OS - ?


Hyperion.

Quote:
AmigaOne - Eyetech


Hyperion (and also "Amiga One" according to the September 30 Settlement Agreement).

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WolfToTheMoon 
Re: Who owns what?
Posted on 3-Mar-2011 14:50:11
#34 ]
Super Member
Joined: 2-Sep-2010
Posts: 1351
From: CRO

@1Mouse

Quote:
Amiga - Amiga Inc
Amiga OS - ?
AmigaOS - Hyperion
A1 - Eyetech
AmigaOne - Eyetech


All trademarks are owned by Amiga Inc. Some of those trademarks are exclusively licensed to Hyperion. Hyperion owns the OS4 source code and can use OS 3.1 code and distribute it exclusively.

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pavlor 
Re: Who owns what?
Posted on 3-Mar-2011 14:56:14
#35 ]
Elite Member
Joined: 10-Jul-2005
Posts: 9577
From: Unknown

@WolfToTheMoon

Sure, all these trademarks are owned by Amiga.Inc. However, only Hyperion can use AmigaOS/Amiga OS/AmigaOne/Amiga One names and Amiga OS source codes. Yes, it is not ownership, but it is really close to it.

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tomazkid 
Re: Who owns what?
Posted on 3-Mar-2011 14:58:34
#36 ]
Team Member
Joined: 31-Jul-2003
Posts: 11694
From: Kristianstad, Sweden

@WolfToTheMoon

Quote:
All trademarks are owned by Amiga Inc.


What about Lotus Pacific then ?

http://www.cucug.org/amiga/aminews/1997/ai970722.html

Last edited by tomazkid on 03-Mar-2011 at 02:59 PM.

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number6 
Re: Who owns what?
Posted on 3-Mar-2011 19:49:04
#37 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@tomazkid

Please refer to my post #8 of this thread.

The related grouping - Newstar Electronic Corporation
Rightiming Electronics Corporation
Regent Electronics Corp.
Lotus Pacific Inc.
were an unknown element when Cloanto mentioned them long ago.

They were not mentioned in the list after the Amiga Inc./Hyperion settlement.

#6

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persia 
Re: Who owns what?
Posted on 4-Mar-2011 14:44:30
#38 ]
Super Member
Joined: 14-Jul-2009
Posts: 1059
From: Unknown

@number6

Does Amiga Inc have the right to distribute UAE with aOS roms? It appears that C=USA think they do.

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number6 
Re: Who owns what?
Posted on 4-Mar-2011 14:49:51
#39 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@persia

That might depend on this one, and by "one" I mean this name mentioned in settlement and what they might have rights to:

Quote:
Envizion: worldwide rights to kickstart modules


Can not say for sure. This name has changed many times.
It's included "inc." and been spelled "Envision".

In 2006, they called it "Envizions Computer Entertainment Corporation"

http://amigaworld.net/modules/newbb/viewtopic.php?topic_id=27283&forum=2


#6

Last edited by number6 on 04-Mar-2011 at 06:58 PM.

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pavlor 
Re: Who owns what?
Posted on 4-Mar-2011 14:50:40
#40 ]
Elite Member
Joined: 10-Jul-2005
Posts: 9577
From: Unknown

@persia

Quote:
Does Amiga Inc have the right to distribute UAE with aOS roms?


Yes they can distribute ROMs, but Workbench UI must be hidden.

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