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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 8-Nov-2018 12:03:57
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @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
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 8-Nov-2018 18:34:57
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @thread
Document mentioned above now available:
Source
Courtesy Amiga Documents: https://twitter.com/amigadocuments
#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 8-Nov-2018 19:54:25
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Cult Member |
Joined: 26-Jul-2004 Posts: 832
From: Unknown | | |
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| @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
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Re: Cloanto acquire Amiga Inc Trademark Posted on 8-Nov-2018 20:13:46
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Elite Member |
Joined: 10-Jul-2005 Posts: 9636
From: Unknown | | |
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| @kamelit0
Again, why nobody bothers to read the 2009 Settlement Agreement? Hyperion can use any version number. |
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Trixie
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Re: Cloanto acquire Amiga Inc Trademark Posted on 8-Nov-2018 20:42:22
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Amiga Developer Team |
Joined: 1-Sep-2003 Posts: 2090
From: Czech Republic | | |
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| @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.
_________________ The Rear Window blog
AmigaOne X5000/020 @ 2GHz / 4GB RAM / Radeon RX 560 / ESI Juli@ / AmigaOS 4.1 Final Edition SAM440ep-flex @ 667MHz / 1GB RAM / Radeon 9250 / AmigaOS 4.1 Final Edition |
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aria
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 8-Nov-2018 21:20:14
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Member |
Joined: 6-Nov-2014 Posts: 27
From: Unknown | | |
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| @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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kamelito
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 8-Nov-2018 21:49:20
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Cult Member |
Joined: 26-Jul-2004 Posts: 832
From: Unknown | | |
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| @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
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 8-Nov-2018 21:52:28
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @kamelit0
Quote:
IIRC Evert stated recently that Hyperion is having money |
Surely you meant Tim (@simpleppc).
#6_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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Trixie
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 8-Nov-2018 22:01:23
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Amiga Developer Team |
Joined: 1-Sep-2003 Posts: 2090
From: Czech Republic | | |
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| @kamelit0
Quote:
Looks like a rather fitting use of the Present Continuous tense _________________ The Rear Window blog
AmigaOne X5000/020 @ 2GHz / 4GB RAM / Radeon RX 560 / ESI Juli@ / AmigaOS 4.1 Final Edition SAM440ep-flex @ 667MHz / 1GB RAM / Radeon 9250 / AmigaOS 4.1 Final Edition |
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kamelito
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 8-Nov-2018 22:02:28
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Joined: 26-Jul-2004 Posts: 832
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g01df1sh
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 8-Nov-2018 22:09:36
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Super Member |
Joined: 16-Apr-2009 Posts: 1782
From: UK | | |
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| @kamelit0
How long is this crap likely to go before someone looses case... _________________ 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: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 8-Nov-2018 22:15:17
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @g01df1sh
How long?
court schedule is item 32
#6
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number6
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 8-Nov-2018 23:16:22
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Joined: 25-Mar-2005 Posts: 11618
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Nonefornow
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 9-Nov-2018 1:26:17
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Joined: 29-Jul-2013 Posts: 339
From: Greater Los Angeles Area | | |
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BigD
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 9-Nov-2018 1:43:43
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Joined: 11-Aug-2005 Posts: 7421
From: UK | | |
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| @Nonefornow
Quote:
So theoretically they could both loose and win at the same time, depending on the points of action. |
Whoever wins, we lose _________________ "Art challenges technology. Technology inspires the art." John Lasseter, Co-Founder of Pixar Animation Studios |
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kolla
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 9-Nov-2018 17:21:52
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Joined: 20-Aug-2003 Posts: 3212
From: Trondheim, Norway | | |
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| @BigD
Well, I don't lose jack, and I am confident there will be more "source leaks" :) _________________ B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC |
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BigD
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Re: Hyperion suing Amiga, Amino, Itec and Cloanto Posted on 9-Nov-2018 18:23:31
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Elite Member |
Joined: 11-Aug-2005 Posts: 7421
From: UK | | |
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| @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 _________________ "Art challenges technology. Technology inspires the art." John Lasseter, Co-Founder of Pixar Animation Studios |
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bison
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Re: Cloanto acquire Amiga Inc Trademark Posted on 9-Nov-2018 18:54:57
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Elite Member |
Joined: 18-Dec-2007 Posts: 2112
From: N-Space | | |
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| @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?
_________________ "Unix is supposed to fix that." -- Jay Miner |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 9-Nov-2018 19:04:09
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Elite Member |
Joined: 25-Mar-2005 Posts: 11618
From: In the village | | |
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| @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.
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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bison
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Re: Cloanto acquire Amiga Inc Trademark Posted on 9-Nov-2018 20:16:08
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Elite Member |
Joined: 18-Dec-2007 Posts: 2112
From: N-Space | | |
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| @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.
_________________ "Unix is supposed to fix that." -- Jay Miner |
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