I think this is good news, now Hyperion can continue to advertise AmigaOS4, under the name AmigaOS, as it has been proved then AmigaInc where insolvent, under the legal disputes between BBRV and Amiga Inc, its now clear that AmigaInc delver does not have the right to transferee assist, that are protected by contract in case of insolvent or bankruptcy.
Quote:
the Amiga One Partners are granted an exclusive, perpetual, world-wide and royalty free right and license to develop (at their sole expense), use, modify and market the Software and OS 4 under the “Amiga OS” trademark.
As result Hyperion can now go on, and modify AmigaOS4 to work on ACube or any other hardware out side the scope of the contract, well done Hyperion.
Joined: 11-Sep-2003 Posts: 3043
From: here To: there
Amiga Washington LIVES!
---RCW 23B.14.050
Effect of dissolution.
Detail: : RCW 23B.14.050Effect of dissolution. *** CHANGE IN 2006 *** (SEE 6596.SL) ***(1) A dissolved corporation continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including: (a) Collecting its assets; (b) Disposing of its properties that will not be distributed in kind to its shareholders; (c) Discharging or making provision for discharging its liabilities; (d) Distributing its remaining property among its shareholders according to their interests; and (e) Doing every other act necessary to wind up and liquidate its business and affairs. (2) Dissolution of a corporation does not: (a) Transfer title to the corporation's property; (b) Prevent transfer of its shares or securities, although the authorization to dissolve may provide for closing the corporation's share transfer records; (c) Subject its directors or officers to standards of conduct different from those prescribed in chapter 23B.08 RCW; (d) Change quorum or voting requirements for its board of directors or shareholders; change provisions for selection, resignation, or removal of its directors or officers or both; or change provisions for amending its bylaws; (e) Prevent commencement of a proceeding by or against the corporation in its corporate name; (f) Abate or suspend a proceeding pending by or against the corporation on the effective date of dissolution; or (g) Terminate the authority of the registered agent of the corporation.[1989 c 165 158.] ---
Well, that makes a little more sense, creditors may still go after them.
What happens if both Amiga Washington and Amiga Delaware have to appear in court with Hyperion at the same time? Would they make Bill McEwen wear different colored shirts so they can keep track of which company he's representing at that moment?
_________________ "If you want to tell people the truth, make them laugh, otherwise they'll kill you." - Oscar Wilde
Amiga Inc's response to the judge's decision will be very interesting. They have failed to quickly obtain the source code (which is all they really wanted). I see three possibilities:
1. Amiga Inc decide to go bankrupt, as it was just a (failed) bluff to get the source code (i.e. IP) & to see how poor Hyperion's evidence was (turns out to be quite strong, at least compared to their own).
2. Amiga Inc back-down, and either do a deal with Hyperion, or at least agree to go into arbitration. This would indicate that they really are serious about OS4 as a living product.
3. Amiga Inc decide to continue with the (jury) trial. This would be unbelievably stupid, and I can only see them doing it if they are certain that Hyperion does not have the cash to go very far.
Whatever Amiga Inc do, I am hopeful that Hyperion & ACube will immediately go ahead with OS4. The next couple of weeks (or so) should be VERY interesting, I hope!
_________________ Author of the PortablE programming language. It is pitch black. You are likely to be eaten by a grue...
So does this mean ACK hardware will remain vapor and never see the light of day and we can expect to start talking about when we will be using sam440 then?
_________________ A3000D (16mhz, 2MB Chip, 4MB Fast, SCSI (300+MB), SuperGen Genlock, Kick 3.1) --------------------------------------------------------------------------- Back in my day, we didn't have water. We only had Oxygen & Hydrogen, & we'd just shove 'em together
So, when will classic PowerPC Amiga users be able to buy their copy?
My understanding is that Amiga Inc. still need to license other PowerPC hardware before Hyperion can sell Amiga OS4.0 for them (assuming that the license agreement stands). Of course, they could take a gamble in assuming that they will win overall and gain full rights to Amiga OS 4.x, but that's a bit risky. The Judge has only said that the injunction is denied, not that Amiga Inc. was insolvent or failed to pay the $25000 "buy-in" (the term that his ruling uses).
Hans
_________________ http://hdrlab.org.nz/ - Amiga OS 4 projects, programming articles and more. Home of the RadeonHD driver for Amiga OS 4.x project. https://keasigmadelta.com/ - More of my work.
Joined: 28-Oct-2003 Posts: 1690
From: Melbourne, Australia
I think Hyperion threw enough mud in the form of uncertainties that the judge thought it best just to keep the status quo until trial.
If Amiga's lawyers bothered to focus on what the judge said in regard to Hyperion's defence I believe they could quash these issues.
If Amiga had bothered to contend that insolvency should be regarded as a legal state rather than the state McBill just said the company was in during another trial. I agree with the people on here that saying your company is insolvent doesn't make it legally so.
And for crying out loud, McBill's signature probably would have been on all the papers for transferring IP ownership both on the source and destination end. It's the same players so I struggle to see how the IP doesn't get transferred. Is it too late to tie that loose end? But anyway IANAL. Is Amiga Washington declared bankrupt, bought outright or neither?
And the stuff with contracts being different. What the hell is with that? Is AmigaInc just incompetent or what? I think incompetence lost them the injunction more than anything else.
In any case, Amiga wants a jury trial because the legality is fuzzy. Is it not about the spirit of their case as their lawyer put forth?
I just wish they could get together and come to a deal that leads to a win-win situation. Why take the OS in-house anyway? Why not let the people who are enthusiastic about it make it great? Let Hyperion make your OS5 for chris-sakes.
Oi, I wonder if AmigaInc, as cashed up as it seems to be now, made a bid recently for Intent as Garry mentioned they had made an aquisition bid for TAO at Amiwest. What does TAO going under mean to Amiga's DE?
Ok. Going back to my happy place now.
_________________ Leo Nigro, CTO Commodore USA, LLC Opinions expressed are my own and not those of C= USA. Commodore/AMIGA "Beautiful, High-Performance, Home Computers for Creativity and Entertainment."
Joined: 22-Jan-2004 Posts: 1300
From: City of Lost Angels, California.
@Pyramider
Very interesting, the court document shows that at this stage not enough and too conflicting information has been provided to the court to even assert AInc rights to OS4.
It's only the motion for a preliminary injunction which has been denied (thus in favor of Hyperion) and that doesn't mean they'd lose the actual lawsuit, but at this point it doesn't look good for AInc.
By filing this lawsuit they might have opened the OS4/trademarks ownership "can of worms". Until then it looked like Hyperion was still considering them as rightful owner and things could have been worked out in their favor but now, unless they settle with Hyperion, they better get their act together and produce valid, reliable and convincing documents and arguments to the court or by the looks of it they're likely [to] lose round #2 as well.
I'm not surprised that the judge couldn't see a clear picture throughout all the mess of documents, neither could we
Last edited by AmigAlex on 13-Jun-2007 at 10:34 AM.
Dandy __________________________________________ If someone enjoys marching to military music, then I already despise him. He got his brain accidently - the bone marrow in his back would have been sufficient for him! (Albert Einstein)
Joined: 18-Aug-2003 Posts: 1283
From: Under The Moon - Howling in the Blue Grass
@Pyramider
There may not be a second round. With the ownership of the OS in contention, and the Judge "not" granting the injuction does not fair well for AI, Then there are the other points.
AI could still get something, if they have an ace up their sleeve, but if they were trying to keep OS 4 from going to market they should have played it. it's 50th and goal.