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spud101
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 14:52:45
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Joined: 4-Aug-2016 Posts: 83
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| @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
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g01df1sh
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 15:24:26
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Super Member |
Joined: 16-Apr-2009 Posts: 1782
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| So when's the new book titled "The rise and fall of Hyperion" coming out lol
_________________ A1200 ACA1232 128MB Indivison MkIICr Elbox empty Power Tower RPi3 Emulating C64 ZX Atari PS BBC Wii with Amiga emulation Vampire v4 SA |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 15:31:31
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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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 _________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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wawa
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 15:32:54
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Joined: 21-Jan-2008 Posts: 6259
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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. |
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kamelito
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 15:41:38
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Cult Member |
Joined: 26-Jul-2004 Posts: 832
From: Unknown | | |
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| @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." |
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bison
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 16:13:43
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Elite Member |
Joined: 18-Dec-2007 Posts: 2112
From: N-Space | | |
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| @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.
_________________ "Unix is supposed to fix that." -- Jay Miner |
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pavlor
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 16:40:45
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Elite Member |
Joined: 10-Jul-2005 Posts: 9636
From: Unknown | | |
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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. |
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kamelito
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 16:43:28
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Cult Member |
Joined: 26-Jul-2004 Posts: 832
From: Unknown | | |
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| @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.
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klx300r
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 17:36:56
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Elite Member |
Joined: 4-Mar-2008 Posts: 3845
From: Toronto, Canada | | |
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| oh boy this old soap opera needs once again more popcorn Last edited by klx300r on 29-Oct-2018 at 05:37 PM.
_________________ ____________________________ c64-2sids, A1000, A1200T-060@50(finally working!),A4000-CSMKIII ! My Master Miggies- Amiga 1000 & AmigaOne X1000 ! mancave-ramblings X1000 I BELIEVE |
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BigD
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 17:37:19
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Elite Member |
Joined: 11-Aug-2005 Posts: 7424
From: UK | | |
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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 _________________ "Art challenges technology. Technology inspires the art." John Lasseter, Co-Founder of Pixar Animation Studios |
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pavlor
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 17:53:24
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Elite Member |
Joined: 10-Jul-2005 Posts: 9636
From: Unknown | | |
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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... |
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Rob
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Re: Cloanto acquire Amiga Inc Trademark Posted on 29-Oct-2018 17:56:11
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Elite Member |
Joined: 20-Mar-2003 Posts: 6383
From: S.Wales | | |
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| @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. |
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aria
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Re: Cloanto acquire Amiga Inc Trademark Posted on 30-Oct-2018 1:45:37
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Joined: 6-Nov-2014 Posts: 27
From: Unknown | | |
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| @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")
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aria
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Re: Cloanto acquire Amiga Inc Trademark Posted on 30-Oct-2018 1:58:44
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Joined: 6-Nov-2014 Posts: 27
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| @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?
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spud101
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Re: Cloanto acquire Amiga Inc Trademark Posted on 30-Oct-2018 8:07:54
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Joined: 4-Aug-2016 Posts: 83
From: Unknown | | |
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| At least OS 3.1.4 got pulled again...
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kamelito
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Re: Cloanto acquire Amiga Inc Trademark Posted on 30-Oct-2018 9:21:33
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Cult Member |
Joined: 26-Jul-2004 Posts: 832
From: Unknown | | |
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| @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. |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 30-Oct-2018 12:51:26
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @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
_________________ 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 30-Oct-2018 13:02:53
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Cult Member |
Joined: 26-Jul-2004 Posts: 832
From: Unknown | | |
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| @aria
it can also be read as Hyperion do not have exclusivity for AmigaOS 3.x, just for 4 and >.
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pavlor
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Re: Cloanto acquire Amiga Inc Trademark Posted on 30-Oct-2018 15:21:14
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Elite Member |
Joined: 10-Jul-2005 Posts: 9636
From: Unknown | | |
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| @kamelit0
Well, "AmigaOS 4" is defined at the start of the Settlement Agreement... |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 1-Nov-2018 13:05:45
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @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
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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