@Hammer

Quote:

Rainbow Tick Logo Mark (Live) Boing Ball Logo Mark (Live) Amiga (Live) A1200 (Live/Pending)

First 3 are registered, which imo is more important than the "live" classification.

A1200 is merely an application awaiting attorney examination. In other words, not anywhere near publication or objection phase.

(I can see where this is going...)

#6

Last edited by number6 on 12-Jun-2025 at 07:29 PM.

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@number6

I had an alarm set :)

So stuff happened:

Quote:

05/30/2025 56 Filed (ECF) notice of appearance of Tim John Billick (Practus LLP 11300 Tomahawk Creek Pkwy., Ste. 310 Leawood, KS 66211) for Appellee Hyperion Entertainment C.V.B.A.. Date of service: 05/30/2025. (Party was previously proceeding pro se.) [12930588] [23-35315] (Billick, Tim) [Entered: 05/30/2025 03:06 PM]

Quote:

05/30/2025 57 Added Attorney(s) Tim J. Billick for party(s) Appellee Hyperion Entertainment C.V.B.A., in case 23-35315. [12930590] (NAC) [Entered: 05/30/2025 03:20 PM]

Quote:

06/09/2025 58 SUBMITTED ON THE BRIEFS TO SIDNEY R. THOMAS, MILAN D. SMITH, JR. and DOUGLAS L. RAYES. [12931294] (KT) [Entered: 06/09/2025 01:18 PM]

Quote:

06/10/2025 59 Filed (ECF) Appellee Hyperion Entertainment C.V.B.A. motion for reconsideration of non-dispositive Clerk Order of 11/07/2024. Date of service: 06/10/2025. [12931441] [23-35315] (Billick, Tim) [Entered: 06/10/2025 04:26 PM]

I was able to download the last doc - not sure why it is not showing on courtlistener yet but should be available via RECAP archive soon (very temporary link here)

Basically Hyperion's new lawyer says something like "waah waah waah I don't know what's going on we should take a step back and redo the appeal hearing waah waah waah"

Last edited by dalek on 11-Jun-2025 at 12:47 PM.
Last edited by dalek on 11-Jun-2025 at 12:45 PM.

@dalek

Thank you as always.

This "might" help anyone looking at this if put through AI:

Quote:

motion for reconsideration of non-dispositive Clerk Order

Please let us know when CourtListener or elsewhere uploads or comments.

#6

From what little is mentioned:
Quote:

Party was previously proceeding pro se

which means - Hyperion had no lawyer

I find this from AI hilarious given the history:
Quote:

It is generally recommended to have an attorney because the courtroom is complex, and mistakes due to lack of legal knowledge can be detrimental to a case.

Last edited by number6 on 12-Jun-2025 at 07:11 PM.
Last edited by number6 on 11-Jun-2025 at 01:48 PM.
Last edited by number6 on 11-Jun-2025 at 01:47 PM.

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@thread

Here ya' goes

#6

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#6 Quote:

From what little is mentioned: Quote: Party was previously proceeding pro se which means - Hyperion had no lawyer I find this from AI hilarious given the history: Quote: It is generally recommended to have an attorney because the courtroom is complex, and mistakes due to lack of legal knowledge can be detrimental to a case.

I found the following paragraph of Hyperion's attorney Tim J. Billick hilarious also.

Cloanto Corporation v. Hyperion Entertainment C.V.B.A. (on appeal by Hyperion)
https://www.courtlistener.com/docket/70497006/59/cloanto-corporation-v-hyperion-entertainment-cvba/ Quote:

“Generally, an appellee waives any argument it fails to raise in its answering brief.� United States v. Dreyer, 804 F.3d 1266, 1277 (9th Cir. 2015) (en banc); However, this Court has discretion to make an exception to waiver under the “exceptional� case in which review is necessary to prevent a miscarriage of justice or to preserve the integrity of the judicial process. Id. To prevent a miscarriage of justice, and to further this Court’s policy of considering cases on the full merits, Appellee’s Answering Brief should be considered. It is unclear from the record why prior counsel for Appellee’s withdrew from the case – especially after they completed the bulk of the work on the matter already and before oral argument was ordered. Nonetheless, they did. (Dkt. 37.) Unfortunately, Hyperion was not able to secure new counsel until recently. Without divulging attorney-client communications, or waiving privilege, Hyperion was delayed in its ability to secure new counsel due to its status as an international entity, and confusion regarding the sufficiency of its foreign counsel Mr. Ben Hermans to appear on its behalf. Also, the nebulous nature of prior counsel’s departure after filing the Answering Brief created an atypical procedural posture that assuredly dissuaded potential attorneys within the Ninth Circuit to appear for Hyperion. But at this point, Hyperion is making a good-faith effort to comply with the clerk’s orders. Hyperion therefore should not be penalized for compliance, particularly when its tardiness has not prejudiced Appellants, as discussed below.

"It is unclear from the record why prior counsel for Appellee’s withdrew from the case – especially after they completed the bulk of the work on the matter already and before oral argument was ordered. Unfortunately, Hyperion was not able to secure new counsel until recently." I guess Hyperion's new lawyer has not seen the long list of previous Hyperion counsel yet. Instead he blames the problem on Hyperion being "an international entity". "Also, the nebulous nature of prior counsel’s departure after filing the Answering Brief created an atypical procedural posture that assuredly dissuaded potential attorneys within the Ninth Circuit to appear for Hyperion. But at this point, Hyperion is making a good-faith effort to comply with the clerk’s orders." Is "Hyperion making a good-faith effort" to pay their attorneys? Did Hyperion find counsel clueless enough that they are honestly this naive or is this a lying lawyer that has honed his skills at sounding sincere?

@matthey

The mission statement of delay when you have no case continues. Not as entertaining as prior attorneys who bailed though. Who can forget Mr. Harrison. Ahh the memories.

#6

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@dalek

Quote:

Basically Hyperion's new lawyer says something like "waah waah waah I don't know what's going on we should take a step back and redo the appeal hearing waah waah waah"

As number6 pointed out, that's what Hyperion's lawyers always say. It's the only real strategy Hyperion ever had.

But this seems more important than just another delay. Am I reading this correctly?

August 9, 2023: Cloanto files their "opening brief" - i.e. the reasoning for the appeal, I guess?
Rest of August: Hyperion adds new lawyers to the case and files a request for extension of the deadline for submitting their answer
October 6, 2023: Hyperion files their answer
April 1, 2024: new lawyers run away again
September 5, 2024: since no new lawyers have appeared, court warns Hyperion that the answering brief will be removed and ignored if they don't get new lawyers within 28 days
October 10, 2024: deadline for presenting new lawyers extended until October 30.
November 7: still no new lawyers for Hyperion, so the answering brief is removed and will be ignored.
March 13: court thinks (in contrast to lots of earlier notices) that oral argument is no longer neccessary.
May 30: Hyperion presents a new lawyer
June 10: new lawyer asks court to reconsider the decision to remove Hyperions answering brief

IMHO, Hyperion is facing the very real possibility that the court will decide on the appeal without hearing Hyperion's arguments. I can't imagine they get *another* extension, seven months after the original (already extended) deadline of 28 days expired? How much delay can you get away with, if you're already presenting your fourth (?) lawyer?

And yeah, that paragraph is hilarious. "Nebulous nature of their departure" my ass.

@cgutjahr

Nearly forgot to mention: you have to love them referring to Ben Hermans as their "foreign counsel". This is the same Hyperion telling *us* to relax, because Ben is gone. It's the "all new Hyperion management", you know?

Some things never change.

I wondering if the Ben Herman's bankruptcy was another evil masterstroke: see impending successful appeal by Amiga Inc and leave everyone else holding the bag.

Then he is no longer liable for any awards against Hyperion and it would be up to Hyperion's new management to personally sue him for mismanagement of the business. And who in their right mind sues a lawyer that can represent themselves? One that is technically bankrupt nonetheless.

Would love to see his offshore account balance

@cgutjahr

Quote:

cgutjahr wrote: @cgutjahr Nearly forgot to mention: you have to love them referring to Ben Hermans as their "foreign counsel". This is the same Hyperion telling *us* to relax, because Ben is gone. It's the "all new Hyperion management", you know? Some things never change.

I see what you want to imply, but maybe, just maybe the "all new Hyperion management" still needs to sometimes ask where he hid some papers, or what he meant in-between some words he wrote on paper?

Don't know, just my thoughts.

@cgutjahr/matthey/anyone

Speaking of "delay"...

Is there anything to back up the claim by Amiga Documents (x) six days ago in a 3 part posting about Hyperion filing another lawsuit against Amiga/Cloanto?

"Hyperion announced"? where?

#6

Last edited by number6 on 12-Jun-2025 at 06:05 PM.

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@amigang

Would you please change the thread title to:

Amiga IP acquisition and ongoing dispute with Hyperion

This thread is being read elsewhere and the current title is obsolete/inaccurate regarding current discussion/status.

Thank you.

#6

Last edited by number6 on 12-Jun-2025 at 06:56 PM.

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@Amigo1

Quote:

but maybe, just maybe the "all new Hyperion management" still needs to sometimes ask where he hid some papers

Their actual claim is that he's their (foreign) counsel, and that they were "uncertain" if he couldn't represent them in the US court - hence the very, very, very late addition of a new (US) lawyer.

This is very, very funny. For multiple reasons.

@number6

I ditched my X account a few months ago :/

Hoping amigadocuments can also post somewhere friendly like BlueSky

@dalek

Heh. I don't have social media accounts, so I can't read this either. You need either an "x" status link or:

try this

#6

Important addition:

I don't know when anyone clicked this, but you should "refresh" (seriously)

Last edited by number6 on 12-Jun-2025 at 11:53 PM.

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In short - "it is undisputed that Cloanto is the legal owner of the copyrights that Hyperion allegedly infringed, there is no question that Cloanto has standing to claim copyright infringement."

"Morna, Jens!"

https://www.amigalove.com/viewtopic.php?t=972

Last edited by kolla on 13-Jun-2025 at 12:30 AM.
Last edited by kolla on 13-Jun-2025 at 12:28 AM.

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B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC

@thread

CLOANTO CORPORATION; et al.,
Plaintiffs-Appellants,

v.
HYPERION ENTERTAINMENT C.V.B.A.,
Defendant-Appellee.

#6

Added:
Also on Justia

Last edited by number6 on 13-Jun-2025 at 05:01 AM.

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@kolla

Quote:

kolla wrote: In short - "it is undisputed that Cloanto is the legal owner of the copyrights that Hyperion allegedly infringed, there is no question that Cloanto has standing to claim copyright infringement."

That's the key point.

And since the copyright violation is proved... bye bye 2009 Settlement: Hyperion will lose everything! It's just a question to wait for this new lawsuit to end.
Quote:

"Morna, Jens!" https://www.amigalove.com/viewtopic.php?t=972

Indeed!

@thread

AmigaNews article (German)

AmigaNews article (English)

#6

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cdimauro Quote:

kolla Quote: In short - "it is undisputed that Cloanto is the legal owner of the copyrights that Hyperion allegedly infringed, there is no question that Cloanto has standing to claim copyright infringement." That's the key point. And since the copyright violation is proved... bye bye 2009 Settlement: Hyperion will lose everything! It's just a question to wait for this new lawsuit to end.

I do not believe the copyright violations would be proven unless and until there is a verdict of the original case which was appealed. The reverse in part of the appeal allows the original case to proceed with Cloanto having standing to claim damages for copyright infringement. If Cloanto proves copyright infringement, another case from a business with standing, likely Amiga Corporation, may be required to obtain a declaratory judgement that Hyperion violated the 2009 settlement agreement (a material breach of contract) allowing nullification. Perhaps the nullification of the 2009 settlement agreement would just be a formality at that point but court cases take time.

Hyperion has nothing to worry about if they did not infringe on the Cloanto IP. Ben Hermans is a lawyer with extensive experience in IP and IT law so he knew exactly what he was doing. Hyperion can move forward with full confidence in Ben's professional legal work for Hyperion. Ben is a mighty giant experienced in lawfare and could never fall to a small man with no legal experience hurling stones with a pesky slingshot.

cdimauro Quote:

kollla Quote: "Morna, Jens!" https://www.amigalove.com/viewtopic.php?t=972 Indeed!

Jens would benefit from more open AmigaOS development. It may be possible to negotiate the exchange of P96 ownership into the AmigaOS for money owed to Cloanto or Amiga Corporation from Amiga IP violations. It should not be difficult to obtain the other half of P96 ownership from the remains of Hyperion.