A settlement agreement where the parties cannot agree on what was settled, is pretty much void.
Also, the letter of a settlement is less valid than the intentions of a settlement - when all parties involved, except one, agree on what the agreement really was, and what the intentions with the agreement was... the last party will have a hard time convinsing any court otherwise. It doesn't help that Ben afterwords bragged about having sneaked in some last minute rewording of sentences that could open up for Hyperion in the future.
All Hyperion holds, is a license to develop - they did try to pretend to own all rights, but were called out on it - licenses can rather easily be terminated, isn't that very much the point of handing out licenses instead of just fully sell the entire portefolio.
And... Hyperion isn't developing diddly squat - none of the developers are under contract with Hyperion, there's just an NDA and unpaid work. At best you can call them a distributor.
(I say whack because expect the NDA to be equally whack as their EULAs)
And as I have mentioned before... lots of the OS 3.1 code wasn't even copyright of CBM, but rather copyrighted by various third parties and only licensed to Commodore at the time. When was it established that all those licenses to use, and develop further, were transferable to successors of Commodore?
Joined: 12-Jan-2005 Posts: 2020
From: Cheshire, England
@matthey
Quote:
Cloanto, but you still seem pretty bitter.
Its just slightly annoying that it only happened when two Community Back films happened, Id be less annoyed if it was a private company that paid for the films, or Cloanto them self had plans for the Adverts, they wanted them part of there Amiga Forever package or there own YouTube channel, but they done nothing with them, but copyrighted them. before that they had lets face it little perceived value, I mean maybe a third party is involved that wanted money / copyrighted them but still I just think its a real shame that the videos (that are largely just adverts) cant be made public domain now. But true they are not all evil like I said they did allow a few of the vids to remain online and removed the strikes but I just wish they them self shared them or made them available all in one place and if they have no plans with them, then whats wrong with giving it to the community.
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