Joined: 24-Oct-2003 Posts: 3205
From: Maryland, USA
@wolfe
Quote:
There may not be a second round. With the ownership of the OS in contention,
Of course there will be a second round. This was really a half-round or so, we haven't got to round 1.0 yet. This judge just decided whether Amiga will obviously win the real trial or not. And he decided that no, Amiga is not the obvious winner of the real trial, and thus he did not begin Hyperion's punishment now, before the real trial begins or ends. If Amiga was the obvious winner of the real triel not yet happened, then the judge would have approved the injunction, essentially punishing today Hyperion for losing the future real trial.
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
Hyperion only is looking to take OS 4.0. The IP contains more than that. Amiga risks *all* of it if they go to trial. If the transfer is closely examined and does not look proper Genesi and Bolten will use evidence from this trial for new actions likely, just as Hyperion used a deposition from the Thendic case. No one is trying to take all the ip, *yet*. The more they fight for OS 4.0 in this action, the more they expose the facts of the entire IP transfer. From the lack of paperwork submitted and then "redacted" other documents in general I doubt Amiga, Inc. will be as gungho as you think.
_________________ Pegasos2 G3 running AOS 4.1 and MorphOS 2.0 Amikit user, tinkering with Icaros VM (AROS) EFIKA owner Amiga 1200
Joined: 18-Aug-2003 Posts: 1283
From: Under The Moon - Howling in the Blue Grass
@Plaz
Well. I see an out of court settlement coming. Generally when ownership is in contention, a stay would be granted until ownership is clear. Court could get really muddy for both parties. IMO
"" I. Amiga Delaware as Successor in Interest (...) 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. ""
The key here is " Hyperion’s and Eyetech’s written acceptance ". Does AI have that - if no - up hill goes the battle for AI. AI shot themself in the foot here "proof of Amiga Delaware’s status as lawful successor" beyond that acceptance. Entering into a court case without proof you are the rightful successor, reguardless of the above acceptance is a " Bonehead Maneuver " . .
"" II. Insolvency of Amiga Washington (...) However, nowhere have the parties to the Agreement defined what was meant by “insolvent”. There is thus a serious factual dispute over whether (and when) Amiga Washington became insolvent, and the effect of that insolvency on its trademark rights under § 2.07 of the Agreement. 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. ""
This may be AI's only saving grace . . .
The issue of $ 25k is Mute until the above is sorted out. Getting the IP may not be that easy, but either side taking more chances at this point is stupid. If AI prove they are the rightful successor, and dates of final fall their way "as beta is not final" AI would then pay the difference and get the code and rights to use those parts contracted by Hyperion "as per Hyperion's agreement with same". Then AI makes a deal with third party developers to pay in full for said code, then Hyperion losses that code for OS 4.
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 12:53 PM.
_________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card