@Rob
Those are not at all key in this context.
The graphics was mostly intended to show first time use of trademarks up till 2017, not everything that happened and all kinds of releases in between.
How long you have used a trademark in practice for real products serves as a base for any claims of it. You see Ben Hermans try to do just that with ”AmigaOS” and ”AmigaOne” in his opposition. But Cloanto’s use of ”Amiga Forever” reaches two years before Hyperion even existed as a corporation, and SEVEN years prior to Hyperion’s first use of the trademark on a product at the market. Plus Cloanto de-facto has the trademark registered now. Amiga Inc (who ”licensed” it to Hyperion) doesn’t have it anymore. Not much to argue about really.
Your points on the other hand are about copyright issues. Cloanto owns the copyright. One thing differs from trademarks and copyrights: trademark infringements must be dealt with quickly, otherwise it might cause you to de-facto lose your right to it. Copyright infringements can be dealt with the same way (legally) but you can also chose not to do it (right now) without this meaning you lose your copyright, nor will you lose your right to come back and raise hell at a later point, should you want to.
Cloanto owns the copyright to the OS here pictured as the ”Checkmark Branch” (the copyright is formally registered). Olaf ”Olsen” Barthel’s ”Boing Ball Branch” builds on the Cloanto sources (ported/rewritten/cleaned). He has copyright for his work, but make no mistake, as Cloanto owns the copyrighted material that was base for the ”Boing Ball Branch”, they are also a direct stakeholder in the ”Boing Ball Branch” as well, they have shared copyright!
Point 1 happened at a time when not all knew about Cloanto’s copyright ownership, but point 3 took it out, so it’s gone. Doesn’t matter, Cloanto is already granting the same kind of licenses. Point 2 the same as 1, Individual Computer didn’t know better at the time. But nothing has come out of it yet, so no harm done, simply ask Cloanto instead. The name ”Commodore Amiga 1200 Reloaded” doesn’t sound bad at all, maybe even with an optional ”Forever” suffix together with All OS’s, All documentation, extra bells and whistles? Could increase value for the product?
Point 4 hasn’t happened yet, just talk, but it surely does raise the question to why someone like Olsen is hanging with someone like Hermans? Doesn’t he know better? Or is he in on the scheme? Ben Hermans is building castles in the air, based on promises from Amiga Inc of right to use property that not even Amiga Inc themselve own or control! Amiga Inc had to get an IP license themselves from Cloanto for exactly that property, true story!
Castles in the air... |
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