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      /  The lawsuit... a never ending story.
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HammerD 
Re: The lawsuit... a never ending story.
Posted on 30-Mar-2023 21:01:29
#41 ]
Cult Member
Joined: 31-Oct-2003
Posts: 934
From: Ontario, Canada

@eliyahu

Yes...seems to be a total victory for Hyperion. I hope Cloanto lets it go so we can all move on!

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BigD 
Re: The lawsuit... a never ending story.
Posted on 30-Mar-2023 21:27:58
#42 ]
Elite Member
Joined: 11-Aug-2005
Posts: 6922
From: UK

@HammerD

How can they let it go? All Cloanto got from all of that IP buyout is OS3.1 when the future is 3.2+! A confusing outcome but one where AmigaOS on the Classic continues as a paid for single fork project where the developers get nothing! Mike has my sympathy! Hyperion have the keys to Cloanto's Kingdom!

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redfox 
Re: The lawsuit... a never ending story.
Posted on 30-Mar-2023 21:47:20
#43 ]
Elite Member
Joined: 7-Mar-2003
Posts: 2025
From: Canada

@HammerD
@eliyahu





---
redfox

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eliyahu 
Re: The lawsuit... a never ending story.
Posted on 30-Mar-2023 22:09:17
#44 ]
Super Member
Joined: 3-Mar-2010
Posts: 1907
From: Waterbury, Connecticut (USA)

@BigD

All I want is an equitable arrangement where Mike is able to control his IP and receive compensation for anything Hyperion uses that he now owns; and where Hyperion is able -- and actually does -- continue development of AmigaOS 4.x, including working with third-party developers such as A-EON.

I want the A1222 to finally ship!!!!

-- eliyahu

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cgutjahr 
Re: The lawsuit... a never ending story.
Posted on 30-Mar-2023 22:11:37
#45 ]
Cult Member
Joined: 8-Mar-2003
Posts: 969
From: Unknown

@HammerD

Could you send the document to team@amiga-news.de? I can host it on our server.

Where did you get it, btw., if not from some public site you could link to?

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HammerD 
Re: The lawsuit... a never ending story.
Posted on 30-Mar-2023 22:48:57
#46 ]
Cult Member
Joined: 31-Oct-2003
Posts: 934
From: Ontario, Canada

@cgutjahr

Sent!

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cgutjahr 
Re: The lawsuit... a never ending story.
Posted on 30-Mar-2023 23:00:20
#47 ]
Cult Member
Joined: 8-Mar-2003
Posts: 969
From: Unknown

@HammerD

Thanks a lot, it's online: http://www.amiga-news.de/files/wawd-2-2018-cv-00381-00141.pdf

I'll assume Ben feed you this one, until I hear another explanation

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terminills 
Re: The lawsuit... a never ending story.
Posted on 30-Mar-2023 23:17:13
#48 ]
AROS Core Developer
Joined: 8-Mar-2003
Posts: 1469
From: Unknown

@HammerD


It doesn't actually read as a total victory it reads as a new lawsuit needs to be filed.

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HammerD 
Re: The lawsuit... a never ending story.
Posted on 30-Mar-2023 23:53:58
#49 ]
Cult Member
Joined: 31-Oct-2003
Posts: 934
From: Ontario, Canada

@terminills

Yes, correct, however this is a major victory nonetheless.

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amigang 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 12:27:00
#50 ]
Super Member
Joined: 12-Jan-2005
Posts: 1946
From: Cheshire, England

Well it great to just finally see progress in this lawsuit that basically not helping anyone!

I do wonder if Hyperion owns 3.1+ rights now, would that mean they could make there own Amiga Mini if they wanted to?

Any way the best thing I've seen is this infighting over the scraps of who owns what didn't stop project like Vampire! Who basically said screw it and supported Aros! That to me is the best thing, that no matter what happens we got ways to get around this crap now!

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OlafS25 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 12:27:52
#51 ]
Elite Member
Joined: 12-May-2010
Posts: 6222
From: Unknown

@HammerD

that only proofs the old phrase "in court and on the high seas you are in gods hand". It will not be the end as long there are legal options available.

And I do not understand why people would start cheering if Ben H. owns everything. In my view it would be final nail on the coffin of the traditional amiga platform.

Last edited by OlafS25 on 31-Mar-2023 at 12:34 PM.

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OlafS25 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 12:38:14
#52 ]
Elite Member
Joined: 12-May-2010
Posts: 6222
From: Unknown

@eliyahu

the question is if others want to do arrangements with Ben H.. If he would really win then we would see. And you really expect that Ben H. start to invest lots of money in 4.X development? I not as long he can earn money with selling 3.2 licenses without paying for development. With 4.X he only makes money with new hardware and he not even controls the OS components anymore. I more assume that Aeon will try get a kind of distribution for Tabor that uses parts of AmigaOS and adds specific components and drivers avoiding Hyperion. That will not change even if Hyperion would finally win. Business is not only written contracts but also trust.

Last edited by OlafS25 on 31-Mar-2023 at 12:42 PM.

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eliyahu 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 13:48:04
#53 ]
Super Member
Joined: 3-Mar-2010
Posts: 1907
From: Waterbury, Connecticut (USA)

@OlafS25

I said what I want, not what is likely.

-- eliyahu

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Beajar 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 14:25:44
#54 ]
New Member
Joined: 26-Mar-2023
Posts: 1
From: Magnolia, TX

@terminills

Head is now spinning. I hope they'll hurry up and reach a solution before i die of old age.

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NutsAboutAmiga 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 19:12:03
#55 ]
Elite Member
Joined: 9-Jun-2004
Posts: 12440
From: Norway

@terminills

Yeh, maybe they sue for damages now LOL

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Dave73 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 20:18:07
#56 ]
Member
Joined: 21-Sep-2016
Posts: 42
From: Toronto, Canada

@HammerD

Wow - that is convoluted. But seeing the judge wind through these arguments helped me understand (somewhat.) I rarely comment on these threads, I have no dog in the fight, except carry a dim hope that one day someone gets to sell Amigas again.....

The big takeaway was this:

"The Court agrees that the issue here is that Plaintiffs have tied
themselves into a knot. The Court cannot change the facts before it or the parties’ admissions and cannot reconstruct an unambiguous Settlement Agreement borne out of lengthy litigation."

If I understood this correctly:
- The Amiga Parties - who maybe could have sued Hyperion - are not Cloanto. And Cloanto were previously tossed out of this argument.
- C.A. Acquisition maybe *is* the equivalent of the Amiga Parties (by buying their property and rights) - but weren't allowed to join this argument?

So could C.A. Acquisition simply relitigate?

And finally - that original Settlement Agreement - it gave Hyperion the right to use a bunch of Software and Marks, and preventing anyone from challenging their use or mis-use unless there was a "Material Breach" of the Settlement Agreement. I'm left with the question - what would be a material breach? Would anything Hyperion did be considered so? Presumably we have no answer from the court because they basically said "Yo Plaintiff, you aren't the right dudes to complain - actually you are totally prevented from complaining."

Again, who *could* complain? C.A. Acquisition? Or nobody?

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QBit 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 21:03:08
#57 ]
Regular Member
Joined: 15-Jun-2018
Posts: 325
From: Unknown

@all


The Answer to a never ending Srory hahahahaha

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kolla 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 21:57:17
#58 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2480
From: Trondheim, Norway

@Dave73

If nobody is entitled to complain, then it’s done deal - ANYONE can do whatever the fcuk they want with AmigaOS - Ben, Mike, you, me, all of us … share and enjoy!

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BigD 
Re: The lawsuit... a never ending story.
Posted on 31-Mar-2023 22:42:52
#59 ]
Elite Member
Joined: 11-Aug-2005
Posts: 6922
From: UK

@QBit

I thought it's settled now? Cloanto lost the right to enforce Hyperion to respect their IP! The Neverending Story seems to have finished unless they appeal!

@kolla/HammerD

It seems Cloanto should have waited to buy/incorporate C.A. Acquisitions before bring litigation against Hyperion. However, we'd still have 5 years to go if had only just started! It surprising not more tech started ups go bust by having their IP stolen before capitalising on the sales potential!

Last edited by BigD on 31-Mar-2023 at 10:49 PM.
Last edited by BigD on 31-Mar-2023 at 10:48 PM.

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NutsAboutAmiga 
Re: The lawsuit... a never ending story.
Posted on 1-Apr-2023 9:33:12
#60 ]
Elite Member
Joined: 9-Jun-2004
Posts: 12440
From: Norway

@kolla

Only Hyperion has this strange contract, anyone else can be sued. But not by Hyperion as they are not the owners, as they are only work on under the settlement contract.

Last edited by NutsAboutAmiga on 01-Apr-2023 at 09:34 AM.

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