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ne_one
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Re: Cloanto acquire Amiga Inc Trademark Posted on 12-May-2018 0:28:55
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Joined: 13-Jun-2005 Posts: 905
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| @number6
Quote:
As several of the other combatants are indeed businesses, I'm sure they have every much the same right to post publically their stance. They simply choose not to. |
And in typical Amiga fashion, the idea of directly communicating is an incredibly foreign concept.Last edited by ne_one on 12-May-2018 at 12:29 AM.
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simplex
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Re: Cloanto acquire Amiga Inc Trademark Posted on 12-May-2018 4:15:29
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Joined: 5-Oct-2003 Posts: 896
From: Hattiesburg, MS | | |
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| @ne_one
Quote:
And in typical Amiga fashion, the idea of directly communicating is an incredibly foreign concept. |
To be fair, a competent lawyer can use almost anything you say in public against you in court, and the companies involved are tied up in court, so..._________________ I've decided to follow an awful lot of people I respect and leave AmigaWorld. If for some reason you want to talk to me, it shouldn't take much effort to find me. |
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umisef
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Re: Cloanto acquire Amiga Inc Trademark Posted on 12-May-2018 12:02:02
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Joined: 19-Jun-2005 Posts: 1714
From: Melbourne, Australia | | |
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| @simplex
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To be fair, a competent lawyer can use almost anything you say in public against you in court, and the companies involved are tied up in court, so... |
I am intrigued --- are you suggesting that the only ones not worrying about the opposition having a competent lawyer are Hyperion?
Or are you implying that they are only ones who have no idea what a competent lawyer can do?
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Nonefornow
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Re: Cloanto acquire Amiga Inc Trademark Posted on 12-May-2018 15:07:50
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Joined: 29-Jul-2013 Posts: 339
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| @thread
I am suggesting that since the owners / principals of Hyperion are lawyers, it follows that their preferred method of communication would be through the courts.
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ne_one
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Re: Cloanto acquire Amiga Inc Trademark Posted on 12-May-2018 17:07:49
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Joined: 13-Jun-2005 Posts: 905
From: Unknown | | |
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| @simplex
Quote:
To be fair, a competent lawyer can use almost anything you say in public against you in court, and the companies involved are tied up in court, so... |
That's not my point.
At Amiga Ireland 2017, Cloanto's Michael Battilana proclaimed that the time for detente was long overdue and that one of his personal mandates was ensuring that the various parties would cooperate.
I realize the litigation is a bit serpentine and involves multiple parties but the Amiga way has always been protracted, expensive battles. Why is it so difficult to simply work privately on a solution?
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simplex
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-May-2018 3:34:10
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Joined: 5-Oct-2003 Posts: 896
From: Hattiesburg, MS | | |
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| @umisef
Quote:
I am intrigued --- are you suggesting that the only ones not worrying about the opposition having a competent lawyer are Hyperion? |
I am saying nothing more and nothing less than what I said. The companies are tied up in legal battles that strike most of us as strange and counterproductive. Many of these are in the United States. It is well-known here that litigants are routinely advised by their lawyers to answer "No comment" during litigation, and the smart ones follow that advice routinely precisely because any comment can be twisted in ways a non-lawyer cannot anticipated. It is a natural conclusion, at least in these parts, that this is the reason for the companies' silence.
It is of course also true that people who speak in the heat of emotion say dumb things that make behind-the-scenes negotiation harder, so that would be a second one. But the advice I refer to is commonly given in both criminal and civil cases: KEEP YOUR TRAP SHUT, to the point that in criminal cases people called as witnesses (i.e., not even on trial) will appeal to their "fifth amendment rights" as reasons to keep quiet._________________ I've decided to follow an awful lot of people I respect and leave AmigaWorld. If for some reason you want to talk to me, it shouldn't take much effort to find me. |
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jorit2
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-May-2018 11:25:32
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Joined: 22-Apr-2011 Posts: 243
From: Unknown | | |
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| @simplex
Quote:
Many of these are in the United States. It is well-known here that litigants are routinely advised by their lawyers to answer "No comment" during litigation, and the smart ones follow that advice routinely precisely because any comment can be twisted in ways a non-lawyer cannot anticipated. ... It is of course also true that people who speak in the heat of emotion say dumb things that make behind-the-scenes negotiation harder ...
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Tell that to mister Giuliani 
EvertLast edited by jorit2 on 13-May-2018 at 11:28 AM.
_________________ -- Posting for charity -- Investing €10 in a charity related to education or civil rights for every message I post -- |
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simplex
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-May-2018 3:23:02
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Joined: 5-Oct-2003 Posts: 896
From: Hattiesburg, MS | | |
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| @jorit2
I don't think Mr. Guiliani has acquitted himself well this week, if that's what you're suggesting, but President Trump has not to my knowledge ever shown himself to be discreet with this mouth. I'd have been shocked at his election if I didn't know a bunch of his supporters, or for that matter sat through yet another disingenuous university commencement where high principles are enunciated while simultaneously elaborated in base fashion. _________________ I've decided to follow an awful lot of people I respect and leave AmigaWorld. If for some reason you want to talk to me, it shouldn't take much effort to find me. |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 24-May-2018 15:58:42
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @thread
Summonses Electronically Issued
#6
_________________ 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 27-May-2018 16:20:53
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Joined: 25-Mar-2005 Posts: 11663
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ne_one
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Re: Cloanto acquire Amiga Inc Trademark Posted on 27-May-2018 16:57:44
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Cult Member  |
Joined: 13-Jun-2005 Posts: 905
From: Unknown | | |
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| Well we now know the direction of the olive branch Cloanto was extending. |
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Amigo1
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Re: Cloanto acquire Amiga Inc Trademark Posted on 27-May-2018 17:54:24
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Super Member  |
Joined: 24-Jun-2004 Posts: 1583
From: the Clouds | | |
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| @number6 Quote:
I have not read through the entire PDF. On page 6 and 7 I do not understand point "25a" and "26". They seem contradictory to me.
Please, can someone with a better understanding of english and lawers-lingo explain them? |
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Jose
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Re: Cloanto acquire Amiga Inc Trademark Posted on 28-May-2018 11:35:45
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Super Member  |
Joined: 10-Mar-2003 Posts: 1001
From: Unknown | | |
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| Well, for old games 1.2 is probably better anyway :)
_________________
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SHADES
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Re: Cloanto acquire Amiga Inc Trademark Posted on 28-May-2018 13:32:24
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Cult Member  |
Joined: 13-Nov-2003 Posts: 867
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| @ne_one
But Hyperion declared bankruptcy. Or was that a front for anpther company? I'm so confused by all this. _________________ It's not the question that's the problem, it's the problem that's the question. |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 28-May-2018 13:56:22
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Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @SHADES
I think you might be confusing 2 different events.
2015 bankruptcy declared by the court (and subsequent reversal)
and
2017-18 Hyperion forcibly deleted from Belgium's company register
The 2nd (current condition of Hyperion) is actually one of the points made in the amended claim by Cloanto against Hyperion C.V.B.A. (link in post #510 this thread)
Page 4: Quote:
Upon information and belief, Defendant is not currently in good standing in its country of incorporation, and while it may defend actions against it, it may not bring actions. |
#6_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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SHADES
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Re: Cloanto acquire Amiga Inc Trademark Posted on 28-May-2018 14:03:05
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Cult Member  |
Joined: 13-Nov-2003 Posts: 867
From: Melbourne | | |
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| @number6
So, they aren't bankrupt then? You are correct. I am confused. I didn't see anything to say they were ok again in those links.
So, Cloanto are suing them for breech of contract that they have exclusive rights of os 3.1 and the ability to sell/use/modify any of the amiga os's and also the names AMIGA amigaos, workbench etc but they will allow them to use them to sell OS 4x???
huh? Last edited by SHADES on 28-May-2018 at 02:03 PM.
_________________ It's not the question that's the problem, it's the problem that's the question. |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 28-May-2018 14:13:56
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @SHADES
Quote:
I didn't see anything to say they were ok again in those links. |
Ben Hermans (AW nickname Hyperionmp at the time) posted about the reversal. the statement and 3rd entry titled "Clarification of Current Situation" on Hyperion's home page
In addition, time and time again the official link was given as to the status of the business: Source
At the time of the reversal, of course, everything indicated in this link was normal. Now, it is not (which refers to the status after the 2nd event of the striking off of the business from the registry).
Should conditions change again, no doubt the information in this link will be updated to reflect said change.
#6Last edited by number6 on 28-May-2018 at 02:33 PM. Last edited by number6 on 28-May-2018 at 02:23 PM.
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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kamelito
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Re: Cloanto acquire Amiga Inc Trademark Posted on 28-May-2018 17:43:23
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Cult Member  |
Joined: 26-Jul-2004 Posts: 836
From: Unknown | | |
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| All that for the Boing Ball and Kickstart 1.3 really? |
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kolla
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Re: Cloanto acquire Amiga Inc Trademark Posted on 28-May-2018 19:03:11
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Elite Member  |
Joined: 20-Aug-2003 Posts: 3366
From: Trondheim, Norway | | |
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| Woop woop!
With section one in the "prayer for releaf" OS 3.1.4 is in limbo, and hilariously enough, so are any further OS3 development done by ThoR and Olsen... allthought I very much would like to see OS 3.1.4 come alive, having the core developers and initiative takers for the development, and especially the copyright/closed source/NDA loving ThoR, being legally pulled away from working on OS3 due to his current association with Hyperion.. which he was well warned about... will be a good laugh. For a minute or so. _________________ B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 28-May-2018 19:41:15
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @kolla
Gee...might that explain some of the frustration with Hyperion being expressed by Thomas about a month ago? Perhaps its a good thing that some Amiga sites are currently unreadable to non-members. That way we can pretend it never happened. Heh.
#6 _________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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