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PosterThread
ne_one 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 12-May-2018 1:28:55
#501 ]
Cult Member
Joined: 13-Jun-2005
Posts: 870
From: Unknown

@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 01:29 AM.

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simplex 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 12-May-2018 5:15:29
#502 ]
Cult Member
Joined: 5-Oct-2003
Posts: 769
From: Hattiesburg, MS

@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...

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umisef 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 12-May-2018 13:02:02
#503 ]
Super Member
Joined: 19-Jun-2005
Posts: 1672
From: Melbourne, Australia

@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...


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 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 12-May-2018 16:07:50
#504 ]
Regular Member
Joined: 29-Jul-2013
Posts: 137
From: Greater Los Angeles Area

@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 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 12-May-2018 18:07:49
#505 ]
Cult Member
Joined: 13-Jun-2005
Posts: 870
From: Unknown

@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 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-May-2018 4:34:10
#506 ]
Cult Member
Joined: 5-Oct-2003
Posts: 769
From: Hattiesburg, MS

@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.

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jorit2 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-May-2018 12:25:32
#507 ]
Regular Member
Joined: 22-Apr-2011
Posts: 235
From: Unknown

@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 ...


Tell that to mister Giuliani

Evert

Last edited by jorit2 on 13-May-2018 at 12:28 PM.

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simplex 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-May-2018 4:23:02
#508 ]
Cult Member
Joined: 5-Oct-2003
Posts: 769
From: Hattiesburg, MS

@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.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-May-2018 16:58:42
#509 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10691
From: In the village

@thread

Summonses Electronically Issued

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 27-May-2018 17:20:53
#510 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10691
From: In the village

@thread

Amended complaint Cloanto Corporation against Hyperion Entertainment C.V.B.A.

courtesy: Amiga Documents
note:previous notes give courtesy to freeamiga, whereas the site name is actually Amiga Documents now.

#6


Last edited by number6 on 29-May-2018 at 02:54 PM.

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ne_one 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 27-May-2018 17:57:44
#511 ]
Cult Member
Joined: 13-Jun-2005
Posts: 870
From: Unknown

Well we now know the direction of the olive branch Cloanto was extending.

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Amigo1 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 27-May-2018 18:54:24
#512 ]
Super Member
Joined: 24-Jun-2004
Posts: 1502
From: Cork Ireland

@number6
Quote:

number6 wrote:
@thread

Amended complaint Cloanto Corporation against Hyperion Entertainment C.V.B.A.

courtesy: freeamiga

#6




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 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2018 12:35:45
#513 ]
Cult Member
Joined: 10-Mar-2003
Posts: 927
From: Unknown

Well, for old games 1.2 is probably better anyway :)

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SHADES 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2018 14:32:24
#514 ]
Cult Member
Joined: 13-Nov-2003
Posts: 636
From: Melbourne

@ne_one

But Hyperion declared bankruptcy. Or was that a front for anpther company?
I'm so confused by all this.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2018 14:56:22
#515 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10691
From: In the village

@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

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SHADES 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2018 15:03:05
#516 ]
Cult Member
Joined: 13-Nov-2003
Posts: 636
From: Melbourne

@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 03:03 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2018 15:13:56
#517 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10691
From: In the village

@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.

#6

Last edited by number6 on 28-May-2018 at 03:33 PM.
Last edited by number6 on 28-May-2018 at 03:23 PM.

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kamelito 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2018 18:43:23
#518 ]
Cult Member
Joined: 26-Jul-2004
Posts: 699
From: Unknown

All that for the Boing Ball and Kickstart 1.3 really?

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kolla 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2018 20:03:11
#519 ]
Super Member
Joined: 21-Aug-2003
Posts: 1295
From: Trondheim, Norway

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.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2018 20:41:15
#520 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10691
From: In the village

@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

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