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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Nov-2018 12:03:57
#681 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10524
From: In the village

@thread

Those following this might have noticed that Cloanto, Amino, and Amiga Inc. all filed:
Quote:
ANSWER to7 Amended Complaint


After the recent filings on behalf of Itec LLC for "notice of appearance" and "corporate disclosure", they become the last of the 4 to file:

Quote:
41 ANSWER to7 Amended Complaint with JURY DEMAND


Content not available atm.

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Nov-2018 18:34:57
#682 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10524
From: In the village

@thread

Document mentioned above now available:

Source

Courtesy Amiga Documents: https://twitter.com/amigadocuments

#6

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Anonymous 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Nov-2018 19:54:25
# ]

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0

@number6

I don't understand why Hyperion did not just called AmigaOS 3.1.4, AmigaOS 4 68K.
It is to me unthinkable that Hyperion put themselves in such bad position doing so, except maybe if they thought that Amiga Inc. would never find any funding to resurrect. BH is a clever guy and a lawyer specialized in intellectual property so all this should be part of his plan.

 
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pavlor 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Nov-2018 20:13:46
#684 ]
Elite Member
Joined: 10-Jul-2005
Posts: 8969
From: Unknown

@kamelit0

Again, why nobody bothers to read the 2009 Settlement Agreement? Hyperion can use any version number.

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Trixie 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Nov-2018 20:42:22
#685 ]
Amiga Developer Team
Joined: 1-Sep-2003
Posts: 1760
From: Czech Republic

@kamelit0

Quote:
I don't understand why Hyperion did not just called AmigaOS 3.1.4, AmigaOS 4 68K.

For the simple reason that despite all the welcome fixes and new features, AmigaOS 3.1.4. is nowhere near OS4.

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aria 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 8-Nov-2018 21:20:14
#686 ]
Member
Joined: 6-Nov-2014
Posts: 21
From: Unknown

@kamelit0

Quote:
I don't understand why Hyperion did not just called AmigaOS 3.1.4, AmigaOS 4 68K.


Is this what you would do, playing tricks and hoping it flies, instead of doing the right thing?

Perhaps Hyperion Entertainment knows that this is not about version numbers? The intent of the settlement agreement cannot be circumvented with a simple numbering trick. By the time the agreement was drafted in 2009, it was clear what OS4 was and where it was heading (OS4 had been released, and there were previous development contracts too).

The thesis here is that Hyperion was licensed the 3.1 source only to develop OS4, and anything else, no matter how you call it, would still be in breach.

If you read all the affirmative defenses and the counterclaims brought up by Itec yesterday you will see that 3.1.4 is just the last chapter of a long series of alleged breaches to the settlement agreement. The version number is the least of their problems.

Quote:
BH is a clever guy and a lawyer specialized in intellectual property


Interesting that you mention this, as I just had a discussion with my lawyer friend. I occasionally bribe him with a beer as I try to extort some opinion on this case. He was saying, "If BH is so clever, why did they not file a motion for default?" Both Amiga and Itec were late in filing their responses, as it took a long time to restore Amiga to good standing, so they would have been entitled to this. Sure, it would have been a "trick", but it could have been a good one.

Or maybe he is just clever at playing the victim? Hyperion filed to register Cloanto's marks well before the US "Amiga" mark expired, then publicly invented Cloanto as the enemy, and pretends that this is not a fact. Hyperion sued all the Amiga parties in 2018 (as it did 10 years before), and again pretends that this is not a fact.

The reality I see is that Hyperion, who never had a viable business other than via its in-house law services, made a last-ditch effort to foreclose on the Amiga assets, hoping that nobody would notice, while blaming others, as it always does. Very clever indeed. Or just very sad?

@g01df1sh

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


You mean this one?

https://www.amazon.com/Fall-Hyperion-Dan-Simmons/dp/0553288202/

Last edited by aria on 08-Nov-2018 at 09:32 PM.
Last edited by aria on 08-Nov-2018 at 09:31 PM.

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Anonymous 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 8-Nov-2018 21:49:20
# ]

0
0

@aria

Sure there’s also 1.2/1.3 Kickstart and Boing Ball...
IIRC Evert stated recently that Hyperion is having money so will see how it goes next year I guess.

 
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number6 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 8-Nov-2018 21:52:28
#688 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10524
From: In the village

@kamelit0

Quote:
IIRC Evert stated recently that Hyperion is having money


Surely you meant Tim (@simpleppc).

#6

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Trixie 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 8-Nov-2018 22:01:23
#689 ]
Amiga Developer Team
Joined: 1-Sep-2003
Posts: 1760
From: Czech Republic

@kamelit0

Quote:
Hyperion is having money

Looks like a rather fitting use of the Present Continuous tense

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Anonymous 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 8-Nov-2018 22:02:28
# ]

0
0

@number6

Yep

 
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g01df1sh 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 8-Nov-2018 22:09:36
#691 ]
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Joined: 16-Apr-2009
Posts: 1639
From: UK

@kamelit0

How long is this crap likely to go before someone looses case...

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number6 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 8-Nov-2018 22:15:17
#692 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10524
From: In the village

@g01df1sh

How long?

court schedule is item 32

#6

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number6 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 8-Nov-2018 23:16:22
#693 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10524
From: In the village

@thread

Litigation: Itec Responds to Hyperion's Lawsuit

German only atm.

#6

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Nonefornow 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 9-Nov-2018 1:26:17
#694 ]
Regular Member
Joined: 29-Jul-2013
Posts: 117
From: Greater Los Angeles Area

Quote:
How long is this crap likely to go before someone looses case...


Interesting question. It depends. Because the case was consolidated with the preceding case in NY. The parties are now both plaintiffs and defendants.

https://www.pacermonitor.com/public/case/23929642/Hyperion_Entertainment_CVBA_et_al_v_Itec,_LLC_et_al

So theoretically they could both loose and win at the same time, depending on the points of action.

Last edited by Nonefornow on 09-Nov-2018 at 01:27 AM.

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BigD 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 9-Nov-2018 1:43:43
#695 ]
Elite Member
Joined: 11-Aug-2005
Posts: 4821
From: UK

@Nonefornow

Quote:
So theoretically they could both loose and win at the same time, depending on the points of action.


Whoever wins, we lose

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kolla 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 9-Nov-2018 17:21:52
#696 ]
Super Member
Joined: 21-Aug-2003
Posts: 1133
From: Trondheim, Norway

@BigD

Well, I don't lose jack, and I am confident there will be more "source leaks" :)

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BigD 
Re: Hyperion suing Amiga, Amino, Itec and Cloanto
Posted on 9-Nov-2018 18:23:31
#697 ]
Elite Member
Joined: 11-Aug-2005
Posts: 4821
From: UK

@kolla

So for people like you the OS 3.1.4 release was great because if the companies all file bankruptcy you think everything will be leaked or open sourced? That is moronic wishful thinking from the mind of a criminal if I've understood you correctly. But perhaps you were brought up to thing copying and distributing cracked Amiga software wasn't hurting anybody and hence your view of the value of software and IP might be a bit askew?

A win for Amiga Inc. and the withdrawal of OS3.1.4 from sale is a loss for the users because we'd have less choice. A win for Hyperion and further souring of Hyperion's relationship with Cloanto is a loss for the users on the basis that the companies remaining are even less likely to work together plus development money has been squandered on legal costs. A win for Cloanto would result in no further 68k OS development and likely the bankruptcy of Hyperion due to lack of revenue as we all wait for the delayed Tabor!

We are not talking about Linux here. The Amiga and its remaining products is not too big to fail and do you really want a situation where A-EON are left updating the Enhancer Software as an ongoing development for a unavailable proprietary OS from the defunct Hyperion? That would be a sad way for all this to end. But no doubt you'd value tinkering with a pirated version of the OS3.1.4 source code more than ongoing 'professional' development anyway

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bison 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 9-Nov-2018 18:54:57
#698 ]
Super Member
Joined: 18-Dec-2007
Posts: 1293
From: N-Space

@thread

So the news here, for me, is that Itec is still a going concern. I'm a bit vague on the details, but my understanding is that Amiga copyright and trademark ownership went from Gateway 2000 to Amiga Inc. WA to Itec to KMOS to Amiga Inc. DE. I assumed that all of these companies except Gateway (acquired by Acer) and Amiga Inc DE were defunct. But obviously Itec is not. My question: what Amiga assets do they have that were not transferred to KMOS?

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 9-Nov-2018 19:04:09
#699 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10524
From: In the village

@bison

and follow the links

also useful

and this

Keep in mind that all postings are a snapshot in time.

#6

Last edited by number6 on 09-Nov-2018 at 07:13 PM.
Last edited by number6 on 09-Nov-2018 at 07:10 PM.

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bison 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 9-Nov-2018 20:16:08
#700 ]
Super Member
Joined: 18-Dec-2007
Posts: 1293
From: N-Space

@number6

Thanks for the links. This whole thing is so complicated that I wouldn't want to place any bets on the outcome of the trial.

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