@NutsAboutAmiga

I agree that the news about the case is good news, but not for the reasons you bring forward.

I.
Amiga Delaware has not proven they are legal successor of Amiga Washington.
Amiga Delaware has not proven they own registered Amiga trademarks and IP.
Quote:

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.

II.
Hyperion has not proven that Amiga Washington was insolvent.
Quote:

Hyperion asserts that William McEwen admitted in a sworn 2003 deposition that Amiga Washington had become insolvent, and therefore Amiga Delaware has no rights under the Agreement.

Quote:

However, nowhere have the parties to the Agreement defined what was meant by "insolvent". There is thus a serious factual dispute over wether (and when) Amiga Washington became insolvent, and the effort of that insolvancy on its trademark rights under § 2.07 of the Agreement.

III.
Quote:

The $25,000 "Buy-In" by Amiga

Hyperion state that Amiga did not pay the full 25,000
Amiga state Hyperion December 2004 OS 4.0 was merely a "beta"
Quote:

These disputes regarding the payments and the completion date for OS 4.0 cannot be resolved on the record before the Court as it now stands.

Again, I agree that points II and III are highly disputable, but point I is crystal clear.
This is the reason Hyperion probably can go an as before, and the reason why they made a counterclaim against Amiga.

The counterclaim mainly being:
Quote:

Hyperion denies that Amiga Delaware is the company it claims to be

So the counterclaim is on the table, and we wait for more news/hardware/software.

@NutsAboutAmiga

Quote:

as it has been proved then AmigaInc where insolvent,

Quote:

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.

Quote:

Hyperion now owns it (or the work accumulated), if Amiga Inc can prove other vice.

No idea where you derived/interpreted this from, but it can't be the "Motion for Preliminary Injunction". At the moment, the legal situation around OS4 isn't any different from what it was say 1-2 years ago.

@NutsAboutAmiga

Quote:

as it has been proved then AmigaInc where insolvent,

not quite correct. though ainc was insolvent(nobody disputes that) the definition of insolvent is still a source of contention. i would guess the judge will try to avoid that issue since it is such a hot topic and there are no real answers to be had. this will be i assume the last resort.

however if the judge rules the ip was improperly transferred the next step is to either force amiga washington into bankrupcy(hyperion option if they are a creditor) or repurchase the assets(ainc option). as to which gets priority will probably be decided by another judge.

so things are far from clear about this case and it can still go either way.

_________________
Win•dows: n. A thirty-two bit extension and graphical shell to a sixteen-bit patch to an eight-bit operating system originally coded for a four-bit microprocessor which was written by a two-bit company that can't stand one bit of competition.