http://www.commodore-amiga.org/en/forum/2-welcome-mat/11285-some-more-good-news-to-end-2011#11285

_________________
Dammy

@damocles

And this post is censored from the front page on "Amigaworld" displaying a boingball, go figure. There is just so much fuel in this and the likely repercussions to come.

So how does this affect websites unfriendly to CUSA? How does this affect Companies like A-Eon and AmigaKit who have been using the Boingball logo?

We've known a sh**storm was coming, it will start right after my post.

_________________
Power Mac G4 "Quicksilver 2002"
800Mhz, 1.5GB RAM, Radeon 8500
MorphOS 2.7 (Registered)
$225 total spent!

@redrumloa

No #### storm from me. No wild rants. Only the same question as you. How does this effect the other sites using all this.

_________________
My personal blog - CritAnime.com

Admin at Commodore Gaming Wiki

@redrumloa

You do realize that the boing ball is non-exclusive right?

#6

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

@number6

Quote:

number6 wrote: @redrumloa You do realize that the boing ball is non-exclusive right? #6

That would make more sense, but the post from Barry states exclusive.

On Dec 22, 2011 Commodore USA, LLC and Amiga Inc. signed a new contract granting us EXCLUSIVE WORLDWIDE rights to ALL format computers branded with the Amiga trademark IP. These registered trademarked logos include the BOING Ball, TIC/Check mark, letter A and the word AMIGA logos. Form factors include, but are not limited to Desktop, HTPC, Tower, AIO/ Keyboard etc.

Sounds like they are saying exclusive to me.

_________________
Power Mac G4 "Quicksilver 2002"
800Mhz, 1.5GB RAM, Radeon 8500
MorphOS 2.7 (Registered)
$225 total spent!

@redrumloa

Quote:

EXCLUSIVE WORLDWIDE rights to ALL format computers branded with the Amiga trademark IP. These registered trademarked logos include the BOING Ball,

But A-EON/Acube are not branding with the Amiga trademark IP, so I clearly see this as distinctly different.

this summary still seems up to date to me

#6

Last edited by number6 on 30-Dec-2011 at 04:34 PM.

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

@redrumloa

Quote:

So how does this affect websites unfriendly to CUSA? How does this affect Companies like A-Eon and AmigaKit who have been using the Boingball logo? We've known a sh**storm was coming, it will start right after my post.

that's an excellent question. if what dammy has shared is true, and there is no reason to suspect otherwise, then web sites using amiga-related marks could be threatened by CUSA should CUSA wish to do so. i think it would be horribly petty and wrong, but legally, they would be within their rights.

as for A-EON and other firms working with hyperion to produce or market OS4 or hardware running OS4, that's easier. in the settlement the parties agreed:

Quote:

Solely for the purposes of marketing, distributing and making available AmigaOS 4 and any hardware required or desired to operate with AmigaOS 4, the Amiga Parties grant Hyperion an exclusive, perpetual, worldwide and royalty-free, transferable right and license to use the Exclusive Licensed Marks, and a nonexclusive, perpetual, worldwide and royalty-free, transferable right and license to use the "Boing Ball" logo mark.

hyperion and its partners have an exclusive right to four marks (specifically 'AmigaOS,' 'Amiga OS,' 'AmigaOne,' and 'Amiga One') and a non-exclusive right to the 'boing ball' mark. in theory they could argue that the community sites are a necessary adjunct to their marketing efforts and license it to AWN and others, but i can't imagine they would do that. for one thing it would taint the perceived objectivity of the sites' management teams and secondly would enjoin hyperion in a legal mess they wouldn't want any part in.

personally i don't see the big deal. i hate to think someone like CUSA ends up with the brand after all of these years, but then again, it's probably better than the brand being used to flog televisions or snowman maker or the like. at least CUSA are producing computers with it.

i would also hope that hyperion and its partners really coalesce around the amigaone brand, if nothing else to differentiate their offerings from amiga-branded PCs. if you want a PC with the amiga brand, then you go to CUSA; if you want a system descended from the original platform, you go with an amigaone.

let's hope people don't overreact. and although i don't like where they're heading with the brand, i should at least congratulate barry on his coup. others could have attempted the same thing but didn't. i wish him luck with the brand -- and hope he doesn't use this agreement as an anvil to wield over the heads of those who disagree with him.

-- eliyahu

_________________
"Physical reality is consistent with universal laws. When the laws do not operate, there is no reality. All of this is unreal."

@redrumloa

Quote:

That would make more sense, but the post from Barry states exclusive. On Dec 22, 2011 Commodore USA, LLC and Amiga Inc. signed a new contract granting us EXCLUSIVE WORLDWIDE rights to ALL format computers branded with the Amiga trademark IP. These registered trademarked logos include the BOING Ball, TIC/Check mark, letter A and the word AMIGA logos. Form factors include, but are not limited to Desktop, HTPC, Tower, AIO/ Keyboard etc. Sounds like they are saying exclusive to me.

yeah, that confused me as well. in the amiga/hyperion settlement agreement AI agreed that any partner, successor, or future licensee of their marks or IP would also be bound to respect the rights granted hyperion. so they may have exclusive rights to everything but the boing ball. perhaps he meant exclusive rights to use it in conjunction with a computer branded as 'amiga?'

-- eliyahu

_________________
"Physical reality is consistent with universal laws. When the laws do not operate, there is no reality. All of this is unreal."

@redrumloa

Quote:

And this post is censored from the front page on "Amigaworld" displaying a boingball, go figure. There is just so much fuel in this and the likely repercussions to come.

i agree. this agreement is something big enough to be on the front page. i'm sure everyone will find this topic anyway who is interested, but it seems silly to keep this news off the front page a an 'amiga' community portal festooned with a boing-ball logo.

-- eliyahu

_________________
"Physical reality is consistent with universal laws. When the laws do not operate, there is no reality. All of this is unreal."

@eliyahu

Quote:

perhaps he meant exclusive rights to use it in conjunction with a computer branded as 'amiga?'

That's what I just said above.

Using the boingball on a computer branded "AmigaOne" is another thing entirely.

#6

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

@number6

sorry. didn't see your reply before i posted mine.

-- eliyahu

_________________
"Physical reality is consistent with universal laws. When the laws do not operate, there is no reality. All of this is unreal."

@number6

Quote:

number6 wrote: But A-EON/Acube are not branding with the Amiga trademark IP, so I clearly see this as distinctly different. this summary still seems up to date to me #6

A-Eon/Amigakit have been using Boingball. Is it active? The Aminet link states no longer in the USA, we shall see.

_________________
Power Mac G4 "Quicksilver 2002"
800Mhz, 1.5GB RAM, Radeon 8500
MorphOS 2.7 (Registered)
$225 total spent!

@number6

Quote:

number6 wrote: @eliyahu Quote: perhaps he meant exclusive rights to use it in conjunction with a computer branded as 'amiga?' That's what I just said above. Using the boingball on a computer branded "AmigaOne" is another thing entirely. #6

I see your point, but there are still considerations. AmigaKit is not called Amigaonekit. Amigaworld is not called Amigaoneworld. When thought through, everything becomes muddy.

Personally I would think it would be bad taste to go after certain websites and such, but they are a company and some have been very hostile towards them.

Last edited by redrumloa on 30-Dec-2011 at 05:10 PM.

_________________
Power Mac G4 "Quicksilver 2002"
800Mhz, 1.5GB RAM, Radeon 8500
MorphOS 2.7 (Registered)
$225 total spent!

@redrumloa

Also, being granted a right does not mean someone is going to exercise a right.

Correct me if I am wrong, but did not the Commodore "tick" win pretty much every popularity poll ever run? (on a.org at least)

#6

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

@redrumloa

Quote:

I see your point, but there are still considerations. AmigaKit is not called Amigaonekit. Amigaworld is not called Amigaoneworld. When thought through, everything becomes muddy. Personally I would think it would be bad taste to go after certain websites and such, but they are a company and some have been very hostile towards them.

it doesn't matter. so long as amigakit is a partner in developing or marketing amigaOS or hardware which runs amigaOS, they can use the boingball for said activities

sites such as amigaworld, though, are a different story. the amiga marks apply to computer technology, so calling it amigaworld shouldn't be an issue. the boing ball, though, i don't know about. i would imagine that would be problematic if CUSA made an issue of it. i don't think they would, though. bit of an own goal, especially in light of their history.

-- eliyahu

_________________
"Physical reality is consistent with universal laws. When the laws do not operate, there is no reality. All of this is unreal."

@number6

Quote:

@redrumloa Also, being granted a right does not mean someone is going to exercise a right.

Very true, I also think it would be counter productive to exercise that right in the ways we are discussing. Then again, I also think the blind venom and ill-will some have against CUSA is counter-productive.

Quote:

Correct me if I am wrong, but did not the Commodore "tick" win pretty much every popularity poll ever run? (on a.org at least)

You are probably right. The check mark is more associated with Commodore Amiga. Despite the famous boing ball demo, the boing ball trademark is probably more associated with post-commodore Amiga products.

Last edited by redrumloa on 30-Dec-2011 at 05:26 PM.

_________________
Power Mac G4 "Quicksilver 2002"
800Mhz, 1.5GB RAM, Radeon 8500
MorphOS 2.7 (Registered)
$225 total spent!

@redrumloa

I realize many people will read the latest statement and feel threatened because they have a knee jerk reaction.
I see it more it terms of clarity.

You might recall the original agreement about AIO in terms of exclusivity?
I think the important part of this statement may well be the renegotiation to put more clarity into the right to use the other form factors.
I don't think Barry Altman would have been comfortable being limited to AIO, do you?

#6

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