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      /  OS4 OpenLinux: Regarding the Amiga Community
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blizz1220 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 18-Jul-2013 18:09:37
#641 ]
Regular Member
Joined: 12-Jun-2013
Posts: 437
From: Unknown

@cgutjahr

Quote:
He says he does have a "license" - which might be true, everybody who buys a copy of AmigaForever does have a license. Contrary to what his website still claims, he does not have an agreement with Cloanto though. He apparently plans to buy copies of AmigaForever somewhere, then resell them to his own customers - if somebody ever orders from him.


This is you talking or MCB of Cloanto ?

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cgutjahr 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 18-Jul-2013 18:11:50
#642 ]
Cult Member
Joined: 8-Mar-2003
Posts: 826
From: Unknown

@blizz1220

Quote:

I'm more curious of claims on Hyperion , A-Eon and A-Cube
sites that AmigaOS 4 and Boing Ball _are_ registered
trademarks ...

Please link to any claims on said websites that "AmigaOS (4)" or "BoingBall" are registered trademarks. I don't think there are any.

A trademark doesn't have to be registered to be protected - simply using it in commerce is enough to gain the rights to that mark. For example, A-EON's website states that "AmigaOne and Boing Ball are valid trademarks" - that is a perfectly valid statement, no matter if these trademarks are registered or not.

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number6 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 18-Jul-2013 18:11:58
#643 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9893
From: In the village

@cgutjahr

Quote:
and from what I hear (rumours), he got cease&desist orders for both attempts.


Minor correction. It was mentioned in an open irc channel #team*amiga. I therefore consider it public information.
But other than the mention of both Amiga Inc. and Hyperion, I don't recall any other details offered.

Someone could confirm that through the channel logs.

Actually people have been throwing around the term more often lately and the content does not seem to match, so I'll just remind people that these are just words. I realize people love to take a few words and create a narrative from them, but I don't suggest it.

#6

Last edited by number6 on 18-Jul-2013 at 06:29 PM.

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*Secrecy has served us so well*

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blizz1220 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 18-Jul-2013 18:13:59
#644 ]
Regular Member
Joined: 12-Jun-2013
Posts: 437
From: Unknown

@number6

Yes , I'm aware of that ... Heh ... US is a strange land
when it comes to business and law

I really need someone to answer simple question here :

Can anyone verify claims on Hyperion , A-Eon and ACube
sites that AmigaOS 4 (R) and Boing Ball (R) is a registered
trademark and if so where ?

EDIT: Timing was almost exact for the answers

Last edited by blizz1220 on 18-Jul-2013 at 06:15 PM.

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blizz1220 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 18-Jul-2013 18:46:26
#645 ]
Regular Member
Joined: 12-Jun-2013
Posts: 437
From: Unknown

http://www.amiga.com/about/contact/

For one ... I did read that "AmigaOS 4 and Boing Ball" trademarks
are registered treademarks blah blah on Hyperion's site some time
before too ...

Now it seems to be gone forever ...

A-Eon only claimed to be using them under licence , and only
that they're "valid" , you're right there ...

Problem is that if nobody has them registered (it's not that
much work / money for a company to do so) then how can you
really approach such company and ask for the licence ?

EDIT:

I know I wouldn't ...

http://www.acube-systems.biz/index.php?page=software&pid=1

Copyright states 2001 - 2008 all stuff is owned by people who
own stuff ...

I talked to a friend of mine who is a copyright lawyer and he
took a look at situation and laughed ... He said that it is a jungle
created on purpose to protect all companies that have any-
thing to do with AmigaOS 4 and prevent anyone else to try
and take anything away ... You would need to hire professionals
to get to the bottom of who gets to use what and why and
in which country ...

Thanks for the info ...

Last edited by blizz1220 on 18-Jul-2013 at 06:56 PM.
Last edited by blizz1220 on 18-Jul-2013 at 06:47 PM.

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cgutjahr 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 18-Jul-2013 18:55:45
#646 ]
Cult Member
Joined: 8-Mar-2003
Posts: 826
From: Unknown

@blizz1220

Quote:

http://www.amiga.com/about/contact/

Ah, different situation - I assumed you were referring to the US. Note how the site states "registered in the USA and other countries" - that's a valid statement again, because "AmigaOS" and the Boing Ball are actually still registered trademarks in Germany for example.

Check the PDF file #6 linked to for more information.

Last edited by cgutjahr on 18-Jul-2013 at 06:56 PM.

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blizz1220 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 18-Jul-2013 19:02:03
#647 ]
Regular Member
Joined: 12-Jun-2013
Posts: 437
From: Unknown

@cgutjahr

Yes ... Took me some time to read it though ...

I answered above ...

Can you provide some link / evidence that Boing Ball
is a registered trademark in Germany ?

Also "AmigaOS 4" is just not registered anywhere ...
It's only used by company going bankrupt fast so I
guess if Ben hits the ground it will be Trevor that
takes his place because after all he is using them ...

And England is one of the few Common Law legal
systems , especially in Europe ...

Last edited by blizz1220 on 18-Jul-2013 at 07:06 PM.
Last edited by blizz1220 on 18-Jul-2013 at 07:05 PM.
Last edited by blizz1220 on 18-Jul-2013 at 07:03 PM.

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blizz1220 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 18-Jul-2013 19:17:41
#648 ]
Regular Member
Joined: 12-Jun-2013
Posts: 437
From: Unknown

@blizz1220

As for Cloanto situation Roberto made no false statement
when he said he can sell his bundle in agreement with
Cloanto as far as I know ... Cloanto didn't ask him to stop
selling it as far as I know ...

I really think that all of Amiga people should ask _all_
companies involved in this to make a clear statement
that they will not sue Aros,Morphos and even AmigaOS 4
developers and users for doing anything that would only
benefit everyone including their companies ...

I heard none of them make such statements except maybe
Roberto but he's still a new kid on the block ...

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OlafS25 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 8:03:38
#649 ]
Elite Member
Joined: 12-May-2010
Posts: 5098
From: Unknown

@blizz1220

something new on os4online.com

"Now, refurbished PowerPC Macs. These machines have life left in them, as leases end and those machines become part of our Green strategy. We will be taking in PowerBook G4's, Mac minis and G5's. Until OS/4 PowerLinux becomes available we will ship those systems by default with MorphOS. Which is another Amiga like operating system. Its very elegant, very powerful and even more modern than the current release of AmigaOS 4.1. "

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Cool_amigaN 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 9:21:03
#650 ]
Super Member
Joined: 6-Oct-2006
Posts: 1164
From: Athens/Greece

@cgutjahr

Quote:

cgutjahr wrote:
@blizz1220

Quote:

http://www.amiga.com/about/contact/

Ah, different situation - I assumed you were referring to the US. Note how the site states "registered in the USA and other countries" - that's a valid statement again, because "AmigaOS" and the Boing Ball are actually still registered trademarks in Germany for example.

Check the PDF file #6 linked to for more information.


Interesting that in the above link the rainbow colored Checkmark (original Amiga logo) isn't listed anywhere. To the best of knowledge, this subject wasn't brought up also during all legal battles that Amiga Inc got involved. Was it owned by Commodore and now belongs to another IP holder?

Last edited by Cool_amigaN on 19-Jul-2013 at 09:23 AM.
Last edited by Cool_amigaN on 19-Jul-2013 at 09:23 AM.

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Cool_amigaN 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 9:22:51
#651 ]
Super Member
Joined: 6-Oct-2006
Posts: 1164
From: Athens/Greece

@OlafS25

Quote:

OlafS25 wrote:
@blizz1220

something new on os4online.com

"[...] Until OS/4 PowerLinux becomes available we will ship those systems by default with MorphOS. Which is another Amiga like operating system. Its very elegant, very powerful and even more modern than the current release of AmigaOS 4.1. "


LOL

Com'on he is just trolling. Though, as a user, I agree with his statement, I believe he is doing it purposely. In any case, he made my day xD

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Rob 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 9:29:30
#652 ]
Elite Member
Joined: 20-Mar-2003
Posts: 5588
From: S.Wales

@blizz1220

Quote:
Can you provide some link / evidence that Boing Ball is a registered trademark in Germany ?


I'm sure cgutjahr can back up what he says.

Quote:
Also "AmigaOS 4" is just not registered anywhere ... It's only used by company going bankrupt fast


Since you're such a stickler for proof, I guess you can show us Hyperion's accounting information.

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OlafS25 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 9:30:52
#653 ]
Elite Member
Joined: 12-May-2010
Posts: 5098
From: Unknown

@Cool_amigaN

MorphOS user will agree on that (AmigaOS user propably not)

I must be careful what I write, I am already accused being "positiv", that makes me very suspicious here

I see it relaxed... I had a similar idea than they already. There is the headquarter of "SUSE" nearby so I had the idea to get AROS somehow in SUSE but I dropped the idea because of lack of time (one distribution is enough for one person doing it in spare time ). Perhaps I will start this idea again in future somewhen ("when my other ideas are done"). We will see what will come out, if it is now "trolling" or not. Roberto certainly does it not just because of altruism but because to make his Linux distribution more popular. He wants to benfit from it, so in this sense he "trolls". Every company "trolls", I try it too every day . In business "trolling" is called "marketing" and you can even study it .

Last edited by OlafS25 on 19-Jul-2013 at 09:42 AM.
Last edited by OlafS25 on 19-Jul-2013 at 09:41 AM.

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Rob 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 10:28:49
#654 ]
Elite Member
Joined: 20-Mar-2003
Posts: 5588
From: S.Wales

@OlafS25

Quote:
MorphOS user will agree on that (AmigaOS user propably not)


I think they are fairly evenly matched in terms of modernity. MorphOS has a browser that does youtube and Amiga OS4 has support for newer video card (no 3D yet) but other than that there is not much to separate them.

MorphOS of course is more optimised but in real use they both seem pretty snappy.

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vox 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 10:53:27
#655 ]
Elite Member
Joined: 12-Jun-2005
Posts: 3725
From: Belgrade, Serbia

@OlafS25

Quote:
Now, refurbished PowerPC Macs. These machines have life left in them, as leases end and those machines become part of our Green strategy. We will be taking in PowerBook G4's, Mac minis and G5's. Until OS/4 PowerLinux becomes available we will ship those systems by default with MorphOS. Which is another Amiga like operating system. Its very elegant, very powerful and even more modern than the current release of AmigaOS 4.1. "


As it indicates certainity of OS/4 Linux PowerPC I can greet that, as well as if it provides
a centralized shop for PPC Macs in good condition, its nice for MorphOS users

_________________
Future Acube and MOS supporter, fi di good, nothing fi di unprofessionals. Learn it harder way!

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cgutjahr 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 11:39:39
#656 ]
Cult Member
Joined: 8-Mar-2003
Posts: 826
From: Unknown

@Cool_amigaN

Quote:

rainbow colored Checkmark [...] Was it owned by Commodore

A word mark ("Amiga") is easy to check - you just search the relevant (public) databases for the string in question and get a list of results. The checkmark is a "design mark" though, and it's not that easy to find using a text based search engine.

You can check the database for all marks owned by (say) Amiga Inc., or you can try to search for keywords that might have been used to describe the design mark. I did both and didn't get any hits - but that doesn't prove it was never registered (the legal clerk at Commodore might have used a different description, for example).

I'm 95% sure the checkmark is not a registered trademark, and 100% sure that Amiga Inc. doesn't own it.

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wawa 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 12:10:25
#657 ]
Elite Member
Joined: 21-Jan-2008
Posts: 5726
From: Unknown

@cgutjahr

Quote:
A word mark ("Amiga") is easy to check


easy to check perhaps, but the results will likely refer to computers in least cases;)

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number6 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 13:15:44
#658 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9893
From: In the village

@cgutjahr

If the fellow who claimed trademarks and licensing was his field (who posted on AW before) is correct, then it's extremely possible that things are different than what most people "want" to believe.

The never proven claim of CUSA's right to enforce was deemed highly significant. The contention was that either (1) Amiga Inc was poorly advised or (2) Amiga Inc. had no intention of enforcing the rights themselves.

This, in turn, makes the rumors about "cease&desists" significant. Knowing -who- they came from becomes perhaps more telling than the content itself.

#6

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This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

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WolfToTheMoon 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 13:50:33
#659 ]
Super Member
Joined: 2-Sep-2010
Posts: 1252
From: CRO

@number6

I'm sorry for barging in this thread, could you elaborate? I wasn't following this situation, who sent "c&d" to whom?

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number6 
Re: OS4 OpenLinux: Regarding the Amiga Community
Posted on 19-Jul-2013 13:56:49
#660 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9893
From: In the village

@WolfToTheMoon

Quote:
I'm sorry for barging in this thread, could you elaborate? I wasn't following this situation, who sent "c&d" to whom?


To save you reading these threads, we're just talking about the term being thrown around by many individuals. Some folks insist this kind of paperwork had to have been issued, due to the constant changes Mr. Dohnert has made to his website since this began.

What I mentioned above is only pertinent (to me) in the case of both knowing for fact who -does- have the enforcement rights and in knowing the issuing party of any such C&Ds, if in fact they were issued.

#6

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