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PosterThread
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-Jun-2021 18:24:03
#1501 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11587
From: In the village

@Rose

The lawyer count depends on whether you count lawfirms or lawyers.

There were 3 attorneys at Lee & Hayes. They filed Mar 16, 2020 Notice of withdrawal of counsel.

Replaced same day by Eric Harrison, who filed Jun 16, 2021 Notice of withdrawal of counsel.

Then just prior to that we have the 2 new attorneys Jun 13, 2021 filing for Notice of appearance.

Since there was legal activity in both Belgium and Delaware, it's likely that would be 2 others.

So that's 8...and I may have undercounted because of the 2 other related lawsuits and any other unrecorded events.

Checked original case in New York State, where this began, so add another 1 lawfirm or 3 attorneys to the total.

#6

Last edited by number6 on 18-Jun-2021 at 06:30 PM.

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amigadave 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Jun-2021 0:41:34
#1502 ]
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Joined: 18-Jul-2005
Posts: 1732
From: Lake Shastina, Northern Calif.

@number6

I wonder how many of those law firms retracted their representation of Hyperion due to lack of payment?

How ironic will it be for Ben to lose this case, if Cloanto/Amiga Inc. uses the exact same tactics he used to force McBill to sign away the farm in 2009? At some point it should become clear that Hyperion can't recoup all these legal costs, from our tiny niche community, no matter how many AmigaOS developers he gets to work for free for him.

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Jose 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Jun-2021 4:56:38
#1503 ]
Cult Member
Joined: 10-Mar-2003
Posts: 992
From: Unknown

@amigadave
" At some point it should become clear that Hyperion can't recoup all these legal costs, from our tiny niche community, no matter how many AmigaOS developers he gets to work for free for him"

Yeah, independently of who wins or has reason, what a pathetic judicial system most of the western world has...

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matthey 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Jun-2021 6:10:38
#1504 ]
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Joined: 14-Mar-2007
Posts: 1999
From: Kansas

amigadave Quote:

I wonder how many of those law firms retracted their representation of Hyperion due to lack of payment?


Possible scenario...

Ben Hermans contacts the law firm and asks them to take the case involving Hyperion. The law firm finds out he is an IP lawyer which are some of the richest lawyers and initially give him a high priority from senior partners. Then they find out the specifics of the case, the poor financial record of Hyperion and the lack of ethics of Hyperion which becomes clear is controlled by Ben. They realize that Hyperion could declare bankruptcy or stop paying and they could be out a month or more of bills. Bill payments may already be slow from Hyperion. What looked like a lucrative business IP and contract case now doesn't look so good. It is not so easy to drop a client especially using information discovered from the case as that would be a conflict of interest. Maybe it is time to put junior partners on the case and spread out the work so the loss of payment wouldn't be as painful.

amigadave Quote:

How ironic will it be for Ben to lose this case, if Cloanto/Amiga Inc. uses the exact same tactics he used to force McBill to sign away the farm in 2009? At some point it should become clear that Hyperion can't recoup all these legal costs, from our tiny niche community, no matter how many AmigaOS developers he gets to work for free for him.


Cloanto is "nuking from orbit" Hyperion the same way Hyperion was "nuking from orbit" Amiga Inc.? Did Ben Hermans forget the golden rule? Karma?

Last edited by matthey on 19-Jun-2021 at 06:13 AM.

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Rose 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Jun-2021 11:08:42
#1505 ]
Cult Member
Joined: 5-Nov-2009
Posts: 982
From: Unknown

@amigadave

Quote:
I wonder how many of those law firms retracted their representation of Hyperion due to lack of payment?


My thoughts exactly. Tho wouldn't be surprised if it would be case of one of following.

"Withdrawal is also justified if the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent, for a lawyer is not required to be associated with such conduct even if the lawyer does not further it. Withdrawal is also permitted if the lawyer's services were misused in the past even if that would materially prejudice the client. The lawyer may also withdraw where the client insists on taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement."

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 21-Jun-2021 20:28:00
#1506 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11587
From: In the village

@thread

2 New filings from the court.

Quote:
Miscellaneous Relief

and

Quote:
Declaration


126 and 127

More info when/if available.

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 12:06:17
#1507 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11587
From: In the village

@thread

Some detail concerning 126 and 127 above, plus another new filing.

126 - MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition

127 - Declaration concerning same with many exhibits related to the dissolution of Ben's BV

128 - Response from the new attorneys to the above

Source

#6

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TheodoreTwinky 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 15:23:11
#1508 ]
Member
Joined: 24-Sep-2005
Posts: 57
From: Whitehaven, Cumbria UK

@number6

Are Hyperion actually arguing with their own lawyers now? If so that doesn't sound good. The lawyers certainly wont represent Hyperion to the best of their abilities. Hyperion really are falling apart if so. Shame this didn't happen years ago. Maybe under a different stewardship AmigaOS could have been so much further along.

Last edited by TheodoreTwinky on 22-Jun-2021 at 03:23 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 16:12:55
#1509 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11587
From: In the village

@TheodoreTwinky

Sorry no filings (the actual docs) have been made available, as has been done prior.

But it is clear even from the Pacer summary that the lawyer being compelled to attend deposition is Eric Harrison, the lawyer that Ben could not reach, according to prior docs.

It seems like he is the recognized attorney of record, despite his filing to remove himself, and the 2 new attorneys are therefore not recognized as attorney of record.

We'll see...

#6

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Lou 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 18:02:45
#1510 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4169
From: Rhode Island

@number6

I just hope this is the trial to end all trials...

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 18:20:02
#1511 ]
Elite Member
Joined: 11-Aug-2005
Posts: 7322
From: UK

@Lou

Quote:

Lou wrote:
@number6

I just hope this is the trial to end all trials...


I suggest you just get AmigaOS3.2 while you can if it's of interest to you for there is no knowing how this will all end up or if anyone will be left standing! It might all be open sourced by default if Cloanto win because there won't be any money left and the Amiga parties will all be skint!

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simplex 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 18:57:40
#1512 ]
Cult Member
Joined: 5-Oct-2003
Posts: 896
From: Hattiesburg, MS

@BigD

Quote:
It might all be open sourced by default if Cloanto win because there won't be any money left and the Amiga parties will all be skint!

You say that like it's a bad thing.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 21:38:55
#1513 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11587
From: In the village

@thread

Obviously a busy day...

2 more filings.

Undoubtedly the Amiga Parties response and declaration to Hyperion's response to motion.

Details if/when made available as usual.

#6

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kolla 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 22:09:50
#1514 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2880
From: Trondheim, Norway

@BigD

Quote:

I suggest you just get AmigaOS3.2 while you can if it's of interest to you for there is no knowing how this will all end up or if anyone will be left standing! It might all be open sourced by default if Cloanto win because there won't be any money left and the Amiga parties will all be skint!


Good, there are quite a few “enhancements” I wish to roll back to pre 3.2 release versions.

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 22:49:16
#1515 ]
Elite Member
Joined: 11-Aug-2005
Posts: 7322
From: UK

@kolla

Just buy OS3.1 or Cloanto's OS3.X then if you want it all minimalist. Are the bug fixes without the enhancements worth the time to manually install OS3.2 the way you like it?

I personally don't know what all the fuss is about other than the new ROMs and the ease of new install without as many patches. But since I endured getting my OS3.9 systems stable I don't see the need to mess them up! I am still wary about Boing Bags 3 & 4 though they are probably fine. It's nice when someone like H&P has officially signed off on the updates even though it's the same developers doing the work in either an official or unofficial capacity!

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 22:50:29
#1516 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11587
From: In the village

@thread

Yet another new filing.

131 - Order on Motion for Miscellaneous Relief AND Order on Motion for Reconsideration

This is a court order on 2 of the motions. Unknown atm.

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 23:12:27
#1517 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11587
From: In the village

@thread

Meanwhile, in another corner of the galaxy:

https://twitter.com/amigamagazine/status/1407452211722981386

This sounds like a repeat of Amigapassion/Retropassion, no?

#6

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g01df1sh 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Jun-2021 23:27:37
#1518 ]
Super Member
Joined: 16-Apr-2009
Posts: 1777
From: UK

For the love of god do I really need to stop buying from amigakit now as well. What a bunch of twats. I have already stopped buying from hyperion and Cloanto until they sort there shit out. Life in Vampire land is simple with no bullshit copyright crap

Last edited by g01df1sh on 22-Jun-2021 at 11:28 PM.

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 0:04:25
#1519 ]
Elite Member
Joined: 11-Aug-2005
Posts: 7322
From: UK

@number6

That is horrific news! So are all Amiga parties tooling up on IP litigation for the final battle of armageddon or something?

@Matthew
You should be enjoying Wales progressing in the Euros not suing valued members of the community in an area of business unrelated to your core business! Have you learnt nothing from Hyperion alienating the community. They may have won the AmigaOS license but they've lost the hearts and minds of the Amiga faithful! Do you feel lucky carrying on down this path?

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 0:13:41
#1520 ]
Elite Member
Joined: 11-Aug-2005
Posts: 7322
From: UK

@legal@amigakit.com

You know you're not wanted! We are a peaceful bunch of retro users who just want to read a magazine and buy a 9-pin joystick switcher with CD32 compatibility (still waiting for the boards to be populated). But instead you're getting paid for sucking the blood out of a hobby/cottage industry that doesn't have the money to spare. Leave Amiga Addict alone and stop giving bad council to a company that can ill afford to alienate its customer base in this way!

... unless I am speaking to Ben in which case; I completely understand! You are just trying to take every single last Amiga entity down with you! You're nearly there brother, just keep pulling that thread!

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