Joined: 20-Jun-2003 Posts: 2162
From: Long Riston, East Yorkshire
@Thread
Maybe, just maybe, this is the proverbial "knocking their heads together" that both parties need to sort this out.
The judge refered at the end of the oral hearing that it would be cheaper to negotiate than to litigate.
In my opinion, if AInc continue with this case, they may win what they want, but they risk losing any ownership of OS4, and with AInc not having paid for the cleaned up OS3.1 sources, this would put them back several years.
If Hyperion successfully defend the court case, the court case itself could actually bankrupt them. Although I have no knowledge of Hyperions financial situation to back that up, it's just my impression.
Both parties should get back round the table, reinstate the contract, or negotiate a new one, and get OS4 into the marketplace as quick as possible.
_________________ Peter Swallow. A1XEG3-800 [IBM 750FX PowerPC], running OS4.1FE, using ac97 onboard sound.
"There are 10 types of people in the world: those who understand binary, and those who don't."
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.
Joined: 26-Apr-2004 Posts: 1809
From: Auckland, New Zealand
@wolfe
Hopefully with this result AI will realize that if they were to continue with the case, it will be a long and expensive battle without any guarrantees that they will get a favourable result, so perhaps they will now be more open to negotiations with Hyperion out of court.
@Pyramider
Yes, Hyperion can now (for the time being) go on as before, with their partnership with ACube, etc.