@matthey

Cloanto has a life and business outside of Amiga shenanigans, the Amiga activities are a side “hobby project” of Mike. Unlike Hyperion, which only exists as a shell company for Amiga related activities.

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B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC

@thread

the court doc concerning the latest delay

Unlike the initial brief mention on Pacer that Hyperion was the one filing for the delay, this doc as with previous docs concerning delay, indicate a joint move by both parties.

#6

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@kolla

Quote:

kolla wrote: @matthey Cloanto has a life and business outside of Amiga shenanigans, the Amiga activities are a side “hobby project” of Mike. Unlike Hyperion, which only exists as a shell company for Amiga related activities.

I think matthey meant Hyperion would go bankrupt, after using the law to delay payment as long as possible, of the 3.14 68k proceeds to Cloanto.

I'm just sick and tired of the lack of progress that Hyperion has made, and believe that the Amiga community deserves better. I hope that Cloanto wins the suit and it wouldn't hurt my feelings one bit if Hyperion were forced to close their business. They don't do anything productive anyway, and anyone could do better than they have over the past decade and more.

Ben Hermans thinking that the AmigaOS4 assets are worth millions is so laughable, in a tragic way.

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@thread

Re:posts prior page outlining the current status of the Amiga trademark:

Status has changed again.

Quote:

Application Status: Notice of Allowance - Issued

Basically this means:

Quote:

Use the mark in commerce and submit a statement of use (SOU); or Request a six month extension of time to file a statement of use (extension request).

Source definition

Added:
the notice of allowance

#6

Last edited by number6 on 29-Oct-2020 at 11:28 AM.

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@thread

Settlement and extension of court dates

#6

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@thread

The interesting bit:

The Parties resumed settlement discussions to resolve all of the matters between them in October 2020. On Thursday of last week, the Parties reached the terms of settlement on the main agreement. The only tasks that need to be completed are for the Parties to attend to seven ancillary documents, including an assignment and novation agreement, mutual releases, stipulations of dismissal, and documents related to a proceeding in Belgium. In addition, Hyperion requires additional time to confer on one point with counsel in Delaware regarding a security interest. The additional time requested will enable the Parties to focus exclusively on finalizing documents and following through with the settlement.

Could the long nightmare be ending, or will yet another legal trick be forthcoming?



-- eliyahu

Last edited by eliyahu on 22-Jan-2021 at 07:03 PM.

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@eliyahu

Quote:

Could the long nightmare be ending, or will yet another legal trick be forthcoming

Of course there be more legal tricks...

How are the law suits “internally” in Hyperion going btw, Hermans vs de Groote?

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B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC

@kolla

From the quotation above taken from the legal filing:

Quote:

and documents related to a proceeding in Belgium.

Documents related to as opposed to the proceeding itself.....is how I would read this.

#6

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@thread

reference to Monard Law (Ben Hermans) filing for Amiga Forever trademark euipo

A few days ago the representative changed.

Quote:

Notification of entry of a change of representative in the Office - Register and database

Source

Nele Somers now listed as representative, happens to be founder of Artes Law, the firm Ben Hermans moved to from Monard Law.

Question: why the change since AmigaOS and Workbench trademarks at euipo are still showing Monard Law as representative?

#6

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@number6

Didn't he get fired from Monard for misrepresentation?

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Why is it possible to trademark a word when you don't have any products that use such word, and it is obvious that the trademark application is solely motivated by malice? I think that trademark applications should require a description of a product, or company that uses, or intends to use the word, before the application can be submitted. Otherwise, it is no different than URL squatters, that obtain an URL just in hopes that someone else will pay them for it at a later date. I have no use for such scumbags.

If there is a legal way to "encourage" Ben Hermans to leave the Amiga community forever, I would strongly support it. I hope the reports that a settlement has been agreed upon between Hyperion Entertainment and Cloanto are incorrect, and that Cloanto can finally get Ben Hermans to give up and go away. I know some people don't like or support Cloanto's products, but come on guys, how could Cloanto be any worse than Hyperion? I'm starting to believe that even McBill would have some how done a better job than Ben Hermans and Hyperion.

Last edited by amigadave on 13-Mar-2021 at 10:37 PM.
Last edited by amigadave on 13-Mar-2021 at 10:31 PM.
Last edited by amigadave on 13-Mar-2021 at 02:34 AM.

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@thread

Reference post #1069 (above):

There has been another change in the status of the Amiga Forever trademark (euipo)

Although the representative remains the same "Nele Somers" (Artes Law)

Quote:

Trade mark status: Registration surrendered

Source

#6

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@amigadave

the longer the lawsuit endures the more certain all companies involved will be the looser. The Vampire Team had problems to distribute V2 cards because they no loger could license 3.1 roms because of the lawsuit so they have adapted aros roms and can now distribute the cards without 3.1 licenses (V4 is distributed with aros roms already for some time). So both are now loosing a secure customer for the roms. Of course users can and will still use the roms they want but we all have lots of roms already and there is no problem to find them in web if you search so finally both sides will loose lots of money. I (as egoist ;) ) hope they will continue for another year then the amiga roms will be more or less obsolet.

@amigadave

I see you re-entered your post that was deleted prior.

Just to be clear, since you are obviously referring to the trademark for Amiga Forever (euipo) regarding usage:

The classification of "surrendered" means that trademark # is dead dead dead. So you need not be concerned about that one now. Frankly it had zero chance of survival from the start.
It had been described in notes long ago that it was just a bargaining chip for later settlement talks.

#6

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@AmigaDave
" I know some people don't like or support Cloanto's products, but come on guys, how could Cloanto be any worse than Hyperion? I'm starting to believe that even McBill would have some how done a better job than Ben Hermans and Hyperion."

I think it's something to do with the fact that Cloanto never pushed the development seriously, instead they mostly hang in there profiting from the trademarks (yes, I know they did some stuff, but it's mostly meaningless...). Hyperion has, to a good extent and admittedly with some problems delivered AOS4 and 3.1.4 (and soon 3.2). I think most of their problems are financial, really.. But yeah, not getting employees payed for a long time is messed up, I think they did end up getting paid right ? Honestly don't remember... but yeah it shouldn't have taken so long...

Last edited by Jose on 14-Mar-2021 at 04:20 PM.

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José

@Jose

not Hyperion delivered 3.1.4 or 3.2, it was some developers who work for free and Hyperion makes money with it

I see no real difference between Cloanto and Hyperion there

@OlafS25

Quote:

I see no real difference between Cloanto and Hyperion there

Cloanto's emulator packages do contain custom code that somebody has to write. I'm assuming these people get paid. On the other hand, we know Hyperion is not paying people - and we know people owed money have not been paid either.

That whole notion - trying to decide which company might be 'nicer' or 'more useful' - is completely absurd anyway. If you're still looking at companies to provide assistance 27 years after CBM went down, you need a new doctor, not an OS vendor.

@Jose

I think you should seriously do some home work to find the facts before you make more comments about Hyperion being more productive than Cloanto. At least the owner of Cloanto knows how to write a bit of code. The only thing that the owner of Hyperion knows how to write is legal documents and how to screw people out of their money and time.

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@Jose

Hyperion doesn't do development at all, they never have. They are a publishing company, trying to profiteer on the trademarks and conduct foul play in order to rob trademarks and other IP from the legit owners. A scattered community, unpaid developers and crushed future is Hyperion's legacy.

Cloanto is also mainly a publishing company. But they have for decades sponsored Amiga development in various ways, for example they made "Workbench 3.X" happen, a re-make of everything essential on "OS 3.9", they have published updated OS distributions of all OS branches with date fix, support for big harddrives, etc, including the ROM's, and they have sponsored WinUAE development in various ways during the years, including Toni Wilens work on PowerUP emulation to be able to run OS4 in WinUAE/Amiga Forever.

The most important work IMHO however, is the fact that they have managed to secure IP from various sources in various ways, bringing together everything under one single umbrella again, thus securing a possibility of Amiga (both as retro and NG development) having any hope of a future.

Things can only become better now as a result, thanks to Cloanto.

@TRIPOS

Quote:

Cloanto is also mainly a publishing company. But they have for decades sponsored Amiga development in various ways, for example they made "Workbench 3.X" happen, a re-make of everything essential on "OS 3.9", they have published updated OS distributions of all OS branches with date fix, support for big harddrives, etc, including the ROM's, and they have sponsored WinUAE development in various ways during the years, including Toni Wilens work on PowerUP emulation to be able to run OS4 in WinUAE/Amiga Forever. The most important work IMHO however, is the fact that they have managed to secure IP from various sources in various ways, bringing together everything under one single umbrella again, thus securing a possibility of Amiga (both as retro and NG development) having any hope of a future. Things can only become better now as a result, thanks to Cloanto.

This!

If there is one currently active Amiga company that can handle the IP the way it deserves, that's Cloanto IMHO.