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Jose
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Re: Cloanto acquire Amiga Inc Trademark Posted on 16-Mar-2021 21:56:41
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Cult Member |
Joined: 10-Mar-2003 Posts: 997
From: Unknown | | |
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| Hey I was just answering AmigaDave's question regarding how he doesn't understand the attitude of some people. I think what I said is more or less the perception that people have, and I honestly don't have the patience to investigate all the details... I still find it hard to believe that the situation with the developers is that bad that they're developing 3.2 for free, surely some of the money from 3.1.4 went to them ? If not maybe it was because of the trademark issue ? ... They can't be that naive to be working for free while Hyperion profits and doesn't pay them, surely there must be another side to the story, just saying. Then again, I hardly get surprised at anything these days so just say it...
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José |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 16-Mar-2021 23:24:24
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Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @Jose
Actually Thomas Richter who was the most prominent spokesperson for 3.1.4 wasn't doing it for the money. Olaf, Thomas, and the rest of the team wanted to get the work out. Simple as that. In exchange, sadly, they had to suffer the grief of attacks that performing free service was only serving to help/fund Hyperion and their lawsuits. It's just one example of the destruction in amigaland.
In addition Thomas was asked to do an execsg replacement after Trevor had obtained ownership (as an individual) of same. Source
If you wish to read more history and these statements about payment, there are extremely long threads on eab, a.org, and a1k. You could risk asking the team publically if the team is still working "gratis". They have not been shy about responding to this in the past. 50 pages about 3.1.4 54 pages about 3.2
better direct info on execsg replacement Ignore the part where he says "A-eon", which is incorrect.
#6 Last edited by number6 on 16-Mar-2021 at 11:49 PM. Last edited by number6 on 16-Mar-2021 at 11:33 PM.
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Mar-2021 11:24:37
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 20-Mar-2021 11:33:29
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @thread
https://sites.google.com/site/amigadocuments/all
It appears that 3 of the documents have been uploaded, 301-303 at bottom of list. They are clearly titled as to content.
In addition I noticed an additional string of postings, which seems to be an appeal to one's better angels?
https://twitter.com/amigadocuments?lang=en
Rulings on motions will follow.
#6 _________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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AP
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Re: Cloanto acquire Amiga Inc Trademark Posted on 20-Mar-2021 11:47:41
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Cult Member |
Joined: 31-Jul-2003 Posts: 617
From: Vienna/Austria | | |
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| @number6: My problem with the amigadocuments-guy is that he has a clear agenda and is not interested in a objective research like you. So I take at least his "personal" comments and opinion with a big pinch of salt.
_________________ AmigaOne X5000/40, 2.2 Ghz, 4 GB RAM, Radeon R9 280X, M-Audio Revolution 5.1, 240 GB SSD |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 20-Mar-2021 12:04:40
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @AP
Thank you for your posting.
I usually post links to public information and let others decide for themselves what it means for them personally.
Not to be redundant, but I've posted before that this is lose/lose for me. Some folks want information, others feel information soils the reputation of Amiga related people and businesses.
*shrug*
#6 _________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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amigang
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Re: Cloanto acquire Amiga Inc Trademark Posted on 20-Mar-2021 17:15:49
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Elite Member |
Joined: 12-Jan-2005 Posts: 2084
From: Cheshire, England | | |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 20-Mar-2021 17:22:55
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @amigang
no. With any luck someone will post a news item in plain english this weekend.
#6 Last edited by number6 on 20-Mar-2021 at 05:23 PM.
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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amigang
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Re: Cloanto acquire Amiga Inc Trademark Posted on 21-Mar-2021 10:33:29
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Joined: 12-Jan-2005 Posts: 2084
From: Cheshire, England | | |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 21-Mar-2021 12:03:50
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Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 21-Mar-2021 18:18:27
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Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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eliyahu
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Re: Cloanto acquire Amiga Inc Trademark Posted on 21-Mar-2021 18:37:52
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Super Member |
Joined: 3-Mar-2010 Posts: 1966
From: Waterbury, Connecticut (USA) | | |
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| @number6
Is there an existing schedule that hints as to when the court might respond to these motions? Would it first grant the motion and then later render the actual decision, or if it grants the motions for summary judgement it includes said judgement in the response?
In other words do we have any inkling as to when this never-ending nightmare might end?!
-- eliyahu _________________ "Physical reality is consistent with universal laws. When the laws do not operate, there is no reality. All of this is unreal." |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 21-Mar-2021 18:59:55
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Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @eliyahu
No. sorry.
With the court backlog I wouldn't want to guess.
#6 _________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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ne_one
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Re: Cloanto acquire Amiga Inc Trademark Posted on 22-Mar-2021 23:37:12
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Cult Member |
Joined: 13-Jun-2005 Posts: 905
From: Unknown | | |
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| Has Ben Hermans ever indicated why he continues to pursue litigation?
I honestly can't imagine his motivation.
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matthey
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Re: Cloanto acquire Amiga Inc Trademark Posted on 23-Mar-2021 3:51:12
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Elite Member |
Joined: 14-Mar-2007 Posts: 2350
From: Kansas | | |
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| Quote:
ne_one wrote: Has Ben Hermans ever indicated why he continues to pursue litigation?
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What makes you think Ben wants to "pursue" litigation? I doubt anyone wants litigation to cease more than him and the Amiga status quo to be maintained. Hyperion is the defendant (although with counterclaim) and has requested all plaintiff claims be dismissed.
2021-03-18_hyperion-amiga-itec-cloanto-ca_filing-105_hyperion-motion-summary-judgment.pdf https://docs.google.com/file/d/13-bsmVLq3gVtYggOf_Ej6rGhDhV4tx3l/edit
Hyperion likely wins unless Amiga Inc. can get a judgement that Hyperion "materially breached" the 2009 settlement.
2021-03-18_hyperion-amiga-itec-cloanto-ca_filing-100_amiga-motion-partial-summary-judgment.pdf https://docs.google.com/file/d/18T3HZC4kSN1sa8pgmowSCJziHaxfykjS/edit
The 2001 contract was easier to terminate and Amiga Inc. claims it was terminated after a written 30 day notice (Hyperion would still be obligated to fulfill the terminated contract they materially breached). No litigation was required.
Quote:
6.02 Termination for Material Breach. Any party may, at its option, terminate this agreement in the event of a material breach by another party. Such termination may be effected only through a written notice to another party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches and this Agreement shall terminate in the event that such a cure is not made by the end of such period. The claim of material breach justifying termination shall be limited to the specific breached set forth in the above written notice as explained, supported and negated by evidence.
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2001-11-03_amiga-hyperion_amiga-hyperion-eyetech-oem-license-and-software-development-agreement.pdf https://docs.google.com/file/d/0BxlY9g_OfLqDYmMxMjY3YjAtYTMwOC00NjhiLWEzOGItOTJhZTRiYTFkNTUz/edit
The 2009 settlement contract was likely obtained with Amiga Inc. under financial duress and was very favorable for Hyperion. Termination is much more difficult.
Quote:
9. Termination. This Agreement and the rights and obligations contained therein, shall enter into force as of the Effective Date and remain in force until such time as a court of competent jurisdiction has issued a final and non-appealable ruling on the existence of a material breach justifying termination of this Agreement.
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2009-12-11_amiga-hyperion_settlement-agreement.pdf https://docs.google.com/file/d/0BxlY9g_OfLqDZTQyNGFkYzEtZDI5Zi00YzcxLThhODYtODcyZTg0M2I4MzQ1/edit
It looks like the plaintiffs are seeking to terminate the 2009 agreement for material breach of contract with a court "ruling" as specified by the contract (see above). The agreement does not allow the transfer of the agreement to another party.
Quote:
24. Assignment. This Agreement may not be assigned to any third party without the prior written consent of all Parties hereto. The consent given by one of the Amiga Parties shall be sufficient to satisfy the requirement of prior written consent.
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Hyperion did not give written consent for the transfer of the agreement to Cloanto so it remains with Amiga Inc. while the 2009 contract is valid (likely along with some IP specified in the settlement). This is why Cloanto did not have standing to join the lawsuit. It appears Amiga Inc. is in good standing and can ask for a summary judgement against Hyperion for violation of the 2009 agreement.
2019-08-21_us-de-sos_amiga-inc-delaware_good-standing-certificate.pdf https://docs.google.com/file/d/1dYOpU4E0JlKWEHUa-d4s6Usz3jCAwjoE/edit
It looks to me like the 2009 contract gives Hyperion unprecedented (and suspicious) use of Amiga party IP while the Amiga parties receives nothing of value in return. The Amiga parties owned the castle (practically everything) if the 2001 contract was successfully terminated yet the 2009 contract hands Hyperion the keys to the castle. I don't see where the Amiga Parties receive anything of value (consideration) in the 2009 contract. Perhaps the contract is invalid for lack of a quid pro quo contract?
https://en.wikipedia.org/wiki/Consideration
It appears Ben Hermans was a predator taking advantage of Bill McEwen and the financial situation of Amiga parties where Amiga parties helped save Hyperion from bankruptcy with cash payments when it was in financial trouble. The 2009 contract should never have been signed. Was Bill that incompetent or did he receive under the table payment from Hyperion? I hope the court can see Ben for the con man he is and do everything in their power to thwart him. This isn't the first time Ben has abused the law but rather it is his modus operandi. Hyperion is completely bereft of ethics from what I can see. This reflects the sole person in charge at Hyperion which is Ben Hermans.
Last edited by matthey on 23-Mar-2021 at 03:08 PM. Last edited by matthey on 23-Mar-2021 at 11:20 AM. Last edited by matthey on 23-Mar-2021 at 11:17 AM.
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Gws
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Re: Cloanto acquire Amiga Inc Trademark Posted on 23-Mar-2021 6:56:53
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Member |
Joined: 31-Jan-2010 Posts: 20
From: Unknown | | |
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| @matthey
And they were judging and judging until all the customers and users were long dead ... the fairy tales were over. Good night kids. |
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kamelito
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Re: Cloanto acquire Amiga Inc Trademark Posted on 23-Mar-2021 12:14:27
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Cult Member |
Joined: 26-Jul-2004 Posts: 832
From: Unknown | | |
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| What if MorphOS had been choosen to be AmigaOS in 99 I wonder… |
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 23-Mar-2021 14:07:38
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Super Member |
Joined: 4-Apr-2014 Posts: 1205
From: Unknown | | |
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| @matthey
The document "301" that is linked to in post 1084 does a great job in explaining and arguing their standing point based on evidence after evidence. A masterpiece. Everyone should read that document. |
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 23-Mar-2021 14:10:11
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Super Member |
Joined: 4-Apr-2014 Posts: 1205
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kamelito
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Re: Cloanto acquire Amiga Inc Trademark Posted on 23-Mar-2021 15:32:54
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Cult Member |
Joined: 26-Jul-2004 Posts: 832
From: Unknown | | |
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| @matthey
He’s smart and based on what I’ve read Hyperion should win. What is signed is signed. Amiga inc. and co. have lawyers Hermans was not going after a poor old sick woman right? |
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