What's your take on this latest document submitted by the Amiga Parties, and what way do you think the case is leaning, in favor, or against Hyperion winning? If you don't want to share your opinion, that's okay. I don't blame anyone for not wanting to express their opinions on this ridiculous situation, I just wish it would finally go to trial and get settled, because I'm pretty sure that any jury or judge would see Hyperion as the party that has broken the 2009 agreement, and hopefully through it out and strip them of everything they stole when it was signed.
We don't have much help from the latest document available. There are documents we can't see (sealed because of confidential business info?). One of the missing documents is likely Hyperion's defense of the ownership grab by registering Amiga marks. I am not so worried about the Amiga parties. They are trying to limit Hyperion's defense using some technicalities of their own (that evidence introduction phase of court case is over) and allegations without evidence are speculative (speculative objection). If the technicalities are not accepted by the judge, then there should be no harm done. It looks like Hyperion claims the United States Copyright Act of 1976 allows them to "challenge ownership" which may be true but that doesn't mean the 2009 settlement agreement allows it and they may have admitted they tried to claim ownership in arguing this. It also looks like Hyperion has tried to challenge the transfer of some Amiga marks from Amiga Inc. to Cloanto. The judge has already decided that some Amiga marks licensed in the settlement agreement were not transferred (Cloanto did not receive them as they had no standing to join the lawsuit so they are still at Amiga Inc.) as the settlement agreement doesn't allow it (without termination) and Amiga Inc. is in good standing and part of the lawsuit so I don't see that point either.
Last edited by matthey on 18-Apr-2021 at 06:22 AM.
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