@kolla

That's what I said, I agree with the answers provided by Amiga Inc that Hyperion is in violation. But the result of Hyperion being blunt and still come up with 3.1.4 has now also jeopardized their AOS4.x development now too.

This may have been an even more stupid gamble by Hyperion than I originally thought it was

So when's the new book titled "The rise and fall of Hyperion" coming out lol

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@g01df1sh

You can not very well write a book when even the people involved don't know what's going on.

#6

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@g01df1sh

i doubt the current proceedings are worth a book. perhaps the whole affair what concerns amiga ip since the nineties could be a subject of some write up or lecture about exemplary malversation and the mystical naivety of audience, but thats about it i fear.

@spud101

Well, since the Software is AmigaOS 3.1 I don't see why Hyperion could not produce AmigaOS 3.1.4.


"Without prejudice to any Existing License Agreements listed on Exhibit 1, the
Amiga Parties hereby grant Hyperion (at Hyperion's sole expense) an exclusive,
perpetual, worldwide and royalty-free, transferable right and Object Code and
Source Code license to the Software in order to use, develop, modify,
commercialize, distribute and market the Software in any form (including through
sublicensing), on any medium (now known or otherwise), through any means
(including but not limited to making AmigaOS 4 available to the public via the
internet) and for any current or future hardware platform."

@kamelit0

Amiga Inc. is making the claim that the agreement only covers AmigaOS 4 and future versions, i.e., AmigaOS 4.x, AmigaOS 5, etc. See the section Fourth Affirmative Defense, paragraph 31 of the PDF posted earlier in this thread.

I have no idea if this is true or not, and we'll probably have to wait a year or more to find out for sure.

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@bison

Quote:

I have no idea if this is true or not

That is certainly not true... I hope rest of their legal stance is stronger than that. They would be digging their own grave otherwise.

@bison

if this was the case it would have been quite easy for Hyperion to name the OS version 4 or > instead of 3.1.4. I don't think that they're stupid.

Last edited by kamelit0 on 29-Oct-2018 at 04:45 PM.

oh boy this old soap opera needs once again more popcorn

Last edited by klx300r on 29-Oct-2018 at 05:37 PM.

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@spud101

Quote:

That's what I said, I agree with the answers provided by Amiga Inc that Hyperion is in violation. But the result of Hyperion being blunt and still come up with 3.1.4 has now also jeopardized their AOS4.x development now too. This may have been an even more stupid gamble by Hyperion than I originally thought it was

+1

It's hardly worth the agro to release AmigaOS 3.1.4 unless Hyperion actualy embrace legal conflict?! Any profit they were likely to make from the new Classic fork in their development will certainly get swalled up in the courts

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@kamelit0

The 2009 Settlement Agreement is public, I don´t get why nobody bothers to read it and I see the same nonsense repeated again and again...

@kamelit0

Quote:

Well, since the Software is AmigaOS 3.1 I don't see why Hyperion could not produce AmigaOS 3.1.4.

They could also make the argument that earlier versions of the OS are a subset of 3.1.

@kamelit0

Quote:

Well, since the Software is AmigaOS 3.1 I don't see why Hyperion could not produce AmigaOS 3.1.4.

Because what they can do is limited in another part of the agreement:

Solely for the purposes of marketing, distributing and making available AmigaOS 4 and any hardware required or desired to operate with AmigaOS 4, the Amiga Parties grant Hyperion an exclusive, perpetual, worldwide and royalty-free, transferable right and license to use the Exclusive Licensed Marks, and a nonexclusive, perpetual, worldwide and royalty-free, transferable right and license to use the "Boing Ball" logo mark.

("Exclusive Licensed Marks" is what allows them to use "AmigaOS")

@Rob

Quote:

They could also make the argument that earlier versions of the OS are a subset of 3.1.

So why do they separately include Kickstart 1.3 (which includes portions that are not part of 3.1) in the 3.1 or 4.1 products?

I don't have an answer to that (nor to that German trademark filing, which was asked in another post). I have bigger questions myself, like why on earth did Hyperion decide to sue Amiga, Inc. and Itec again a few months ago. What were they thinking? Was it an attempt to trigger some "catch all" clause in the settlement agreement, that would have given full ownership of everything to Hyperion?

At least OS 3.1.4 got pulled again...

@aria

Since they already changed some copyrights them just have to pull it again and put a 4 instead like ENCOM put a 12 on the box of Flynn OS.

@thread

Quote:

Pure digital sales of AmigaOS 3.4.1 closed. Please place your order for AmigaOS 3.1.4 at your local Amiga dealer. See our list of dealers for possible resellers.

Source

"possible resellers"

#6

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@aria

it can also be read as Hyperion do not have exclusivity for AmigaOS 3.x, just for 4 and >.

@kamelit0

Well, "AmigaOS 4" is defined at the start of the Settlement Agreement...

@thread

Posting this here, since questions have been asked earlier in this thread about how this legal activity might affect others not mentioned in the lawsuit....yet.

amigakit

#6

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