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number6 
Re: Legal situation 2022
Posted on 20-Apr-2022 20:35:37
#41 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11593
From: In the village

@matthey & Hypex

Quote:
It should be obvious why. If one was confusing, why was not the other?


I think it all boils down to that. It's not a pick and choose situation. Since both are deemed confusing in usage (it has nothing to do with one's intention for the marks), they both need to be treated in the same fashion.

Regardless, it is a moot point, since both parties are agreed that everything reverts back to the lawsuits first. As uspto states, when that is resolved, then they can proceed with their ruling. Until then it is "stayed" or "suspended".

even this earlier lawsuit is still stayed/suspended
See summary item #26.

Almost anything you can think of concerning anyone requires the main lawsuit being resolved first.

#6

Last edited by number6 on 20-Apr-2022 at 08:48 PM.

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tygre 
Re: Legal situation 2022
Posted on 20-Apr-2022 21:49:46
#42 ]
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Joined: 23-Mar-2011
Posts: 280
From: Montreal, QC, Canada

Hi @number6

Thank you for your great work following all this!

I wonder: don't lawsuits in the USA have deadlines? Dates after which the judge must make a ruling?

Best,

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number6 
Re: Legal situation 2022
Posted on 20-Apr-2022 21:59:58
#43 ]
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Joined: 25-Mar-2005
Posts: 11593
From: In the village

@tygre

There have been numerous dates posted in the lawsuit documents.
With each delay that has occurred for a variety of reasons, a new set of dates gets published.

I've not been informed of any time limit for this civil proceeding.
It is also more than possible that since the court is understaffed due to the pandemic, that any rulings in place concerning time have long since been waived.

This court had to advertise for both judges and magistrates to apply for work. They've handled rather big name cases in the criminal case arena. As a result, I'd have to guess our little civil case struggles to get attention due to the precedence that the other cases garnish.

Regardless, there are postings on twitter about the 2 attempts at settlement and 1 attempt at proceeding to trial through (iirc) zoom, because of the pandemic.
In all cases it was claimed Hyperion prevented resolution. In one case it was mentioned in terms of Hyperion's attorney giving advice to settle, advice which Hyperion claimed was bad advice.
I believe there is a posting about that one, on this website.

What you have to understand is that due to the allowance of continued marketing of OS3.x by Hyperion until such time as the lawsuit is resolved, there is simply no reason Hyperon should be motivated to do anything but continue to file for further delays.

#6

Last edited by number6 on 20-Apr-2022 at 10:18 PM.

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tygre 
Re: Legal situation 2022
Posted on 20-Apr-2022 23:12:24
#44 ]
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Joined: 23-Mar-2011
Posts: 280
From: Montreal, QC, Canada

Thanks @number6!

So we still must wait and see...

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number6 
Re: Legal situation 2022
Posted on 20-Apr-2022 23:27:44
#45 ]
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Joined: 25-Mar-2005
Posts: 11593
From: In the village

@tygre

Yes, but on a more positive note:

Regardless of how one feels about TheA500 Mini project and/or RetroGames Ltd., I believe they deserve a great deal of credit for being able to progress from concept to distribution with a product -despite- all the things we've been discussing concerning impediments.

Perhaps others can learn something from this.

#6

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agami 
Re: Legal situation 2022
Posted on 21-Apr-2022 2:13:04
#46 ]
Super Member
Joined: 30-Jun-2008
Posts: 1691
From: Melbourne, Australia

@ferrels

Quote:
Sorry to disagree with you on this point, but fishy_fis's logic is spot on.

Oh you can disagree all you want. I've actually been on the business end of profitable products and services being nixed because they were not making the kinds of profits the business wanted.
Scripted TV shows got cancelled, and many never saw the light of day, not because they weren't popular or making a profit, but because they weren't as profitable as Unscripted "reality" TV.

History is littered with abandoned SKUs, many in spite of their popularity. Correlation is not causation. Industries trends are highly cyclical. Popular things are not dependent on profitability (Linux), Profitable things are not dependent on popularity (Blood Diamonds).


Quote:
The Amiga never had the popularity to become a contender in the home computer world in the late 80's/early 90's so it's insanity to claim that it will become popular enough in the 21st century to justify conversion to a SOC/ASIC.

And Apple was weeks away from insolvency shortly after the demise of Commodore, I suppose due to a lack of profitability directly correlated to its extreme growth in unpopularity. It would be insane to think a system like that could ever become popular enough in 21C.


Quote:
A few months ago matthey was claiming that classic AmigaOS was a perfect candidate for a RTOS

Obviously not OOTB. A candidate in this context clearly means as a foundation from which an RTOS is developed, on technical merits.


If someone has a view and shares some info to support those views, even if they are sourced from Wikipedia articles, then the appropriate response should be to come back with an alternate or opposing view with supporting info, and not ad hominem attacks.

You and @fishy_fis label anyone who doesn't see the world your way as deficient, to the point of not being able to tie our own shoe laces.

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agami 
Re: Legal situation 2022
Posted on 21-Apr-2022 2:17:57
#47 ]
Super Member
Joined: 30-Jun-2008
Posts: 1691
From: Melbourne, Australia

@number6

Quote:
Yes, but on a more positive note:

Regardless of how one feels about TheA500 Mini project and/or RetroGames Ltd., I believe they deserve a great deal of credit for being able to progress from concept to distribution with a product -despite- all the things we've been discussing concerning impediments.

Perhaps others can learn something from this.

I agree. Couldn't have said it better myself.

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tygre 
Re: Legal situation 2022
Posted on 21-Apr-2022 2:33:08
#48 ]
Regular Member
Joined: 23-Mar-2011
Posts: 280
From: Montreal, QC, Canada

Quote:

agami wrote:
@number6

Quote:
Yes, but on a more positive note:

Regardless of how one feels about TheA500 Mini project and/or RetroGames Ltd., I believe they deserve a great deal of credit for being able to progress from concept to distribution with a product -despite- all the things we've been discussing concerning impediments.

Perhaps others can learn something from this.

I agree. Couldn't have said it better myself.


And I second

Cheers to them!

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kolla 
Re: Legal situation 2022
Posted on 21-Apr-2022 7:47:08
#49 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2975
From: Trondheim, Norway

I really struggle to see what there is to learn, and who would theses "others" be?

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Hypex 
Re: Legal situation 2022
Posted on 21-Apr-2022 14:58:49
#50 ]
Elite Member
Joined: 6-May-2007
Posts: 11245
From: Greensborough, Australia

@matthey

Quote:
Cloanto was an entity as part of the Amiga parties suing Hyperion before the Amiga Inc. IP was purchased. Hyperion blocked the ownership transfer of IP they had licensed from Amiga Inc. to Amiga Corporation likely including "AmigaOne" and perhaps "AmigaOS". As I recall, Amiga Corporation or the short lived predecessor didn't have standing and/or tried too late to join the lawsuit. I doubt Cloanto/Amiga Corporation want to use "AmigaOne" but the claim of ownership of "AmigaOne" and "AmigaOS" is a potential avenue to claiming ownership of "Amiga" and appears to be forbidden in the 2009 agreement. "AmigaOS" is important to Cloanto/Amiga Corporation.


AmigaOS would be important yes since somehow they came to own it.

Quote:
It appears Amiga Inc. paid for AmigaOS 4 and became the owner even though Hyperion has failed to delivered the source. If anything, Hyperion would need to sue Cloanto to stop them from using AmigaOS 4 in Amiga Forever.


I don't know why they would want to pay for it. Since by then Amiga the Inc had no interest in pushing AmigaOS forward and likely didn't want to produce OS3.9 either. But did it for the community. I was at the Ace2K event where Bill announced OS3.9 and some guy shouts out soem comment about why can't you let it die. I can't hear it clearly in the video and forget at what point. But here is a video I found with the announcement. I kind of regret not retorting back some comment.

https://youtu.be/G6hju93bT2Q?t=1613

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agami 
Re: Legal situation 2022
Posted on 21-Apr-2022 22:40:53
#51 ]
Super Member
Joined: 30-Jun-2008
Posts: 1691
From: Melbourne, Australia

@kolla

Quote:

kolla wrote:
I really struggle to see what there is to learn, and who would theses "others" be?

Sounds very much like a YOU problem.

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kolla 
Re: Legal situation 2022
Posted on 22-Apr-2022 1:00:47
#52 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2975
From: Trondheim, Norway

@agami

The THEA500 Mini is just doing what "everybody" has been saying that someone should do for years, and obviously one has to tip-toe around the minefield of trademarks and other nonsense... so what's to learn here? I applaud them for actually doing it, but the idea itself and the execution of it is rather straight forward. So I ask again - what's to learn? "Don't step on toes"? And who are these "others" that should learn from this? Cloanto? Hyperion? A-EON? Who?!

Also, isn't it a bit too early to call it a success?

Last edited by kolla on 22-Apr-2022 at 01:03 AM.
Last edited by kolla on 22-Apr-2022 at 01:02 AM.

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kolla 
Re: Legal situation 2022
Posted on 22-Apr-2022 1:08:45
#53 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2975
From: Trondheim, Norway

@agami

Quote:

And Apple was weeks away from insolvency shortly after the demise of Commodore, I suppose due to a lack of profitability directly correlated to its extreme growth in unpopularity. It would be insane to think a system like that could ever become popular enough in 21C.


And it isn't, really - the system is different, the product is different, everything is different. Apple today is much more a descendant of NeXT than that of Apple. That was the deal.

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number6 
Re: Amiga legal situation 2022
Posted on 22-Apr-2022 16:46:09
#54 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11593
From: In the village

@number6

Quote:
@thread

Off-topic

I see the 2 news postings on the front page (AmigaJam) that must have confused almost everyone here have had the author changed to "anonymous".

Guess why.


Nevermind. It seems to have been resubmitted with update under company name now.
https://amigaworld.net/modules/news/newcomment.php?item_id=8745

#6

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Hypex 
Re: Legal situation 2022
Posted on 22-Apr-2022 17:51:48
#55 ]
Elite Member
Joined: 6-May-2007
Posts: 11245
From: Greensborough, Australia

@number6

Quote:
I think it all boils down to that. It's not a pick and choose situation. Since both are deemed confusing in usage (it has nothing to do with one's intention for the marks), they both need to be treated in the same fashion.


Perhaps the answer lies in my accidental discovery. This might be common knowledge since years but I only looked it up recently. Amigaone is an anagram of egomania.

Quote:
Almost anything you can think of concerning anyone requires the main lawsuit being resolved first.


That makes sense. Since they need to resolve some dependencies. Perhaps theyd be better off with a package manager.

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number6 
Re: Legal situation 2022
Posted on 22-Apr-2022 18:05:05
#56 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11593
From: In the village

@Hypex

lol @ the anagram.

Egomania in the Amiga community?! Say it ain't so. heh.

#6

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QBit 
Re: Amiga legal situation 2022
Posted on 23-Apr-2022 12:59:02
#57 ]
Regular Member
Joined: 15-Jun-2018
Posts: 474
From: Unknown

@all



I answer with a good pld german Punk Song:

https://www.youtube.com/watch?v=-YFSRUXdua8

Legal, illegal, Scheißegal!

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bison 
Re: Legal situation 2022
Posted on 23-Apr-2022 15:49:05
#58 ]
Elite Member
Joined: 18-Dec-2007
Posts: 2112
From: N-Space

@kolla

Quote:
And who are these "others" that should learn from this?

Some keyboard manufacture somewhere, hopefully. Something like this in an A600-sized case with a functioning keyboard would be nice. A cheap keyboard costs about $20 US, so it probably wouldn't even cost much more.

Last edited by bison on 23-Apr-2022 at 03:49 PM.

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number6 
Re: Amiga legal situation 2022
Posted on 5-May-2022 18:14:12
#59 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11593
From: In the village

@number6

Quote:
btw-I basically stopped posting about trademark objections when the number became somewhat overwhelming. There have been others.


Looks like 1 of those has been disposed of:

https://twitter.com/amigadocuments/status/1522234911113031680

Then

Now

Same companies' opposition to the Amiga trademark (filed by Amiga Corporation) remains open as of this writing. according to EUIPO.

#6

Last edited by number6 on 05-May-2022 at 06:23 PM.

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Neuf 
Re: Legal situation 2022
Posted on 5-May-2022 18:52:49
#60 ]
Member
Joined: 17-Apr-2017
Posts: 46
From: Unknown

@tygre

These things can go on and on. A case in point is the Selden versus Ford dispute. They can go on till one of the litigants can go on no longer.IN this case I would expect that it could easily last another thirty years. Maybe though we could get lucky and it might be done in about two more weeks. However it will be done when its done.

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