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Announcement   Announcement : Official Statement on the recent Genesi Amiga litigation
   posted by Mikey_C on 21-Feb-2004 10:38:08 (8759 reads)
The Hyperion Entertainment management would like to point out that Hyperion Entertainment and Eyetech between them hold an exclusive license to the Amiga trademarks, the AmigaOS 3.1 source-code and associated intellectual property.

The outcome of the litigation between Genesi and Amiga will not affect these rights in any way and Hyperion Entertainment will take whatever action it deems appropriate to enforce its rights and intellectual property.
    

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The_Editor 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 10:51:02
#1 ]
Elite Member
Joined: 7-Mar-2003
Posts: 7628
From: 192.168.0.02 ..Pederburgh .. Iceni

Bloody good job they do, too.


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Bodie_CI5 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 10:58:53
#2 ]
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Joined: 29-Jul-2003
Posts: 6739
From: Unknown

Does this mean that there will be an appeal against the decision?


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falemagn 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 11:00:04
#3 ]
Super Member
Joined: 24-Nov-2003
Posts: 1126
From: Italy

Can they really claim "exclusive rights" on the Amiga TM given that a non exclusive right to the same TMs was given to someone else in a contract that predates the one with Hyperion? Seems just silly to me.

Besides, it's clear that Genesi can use those TMs only in conjuntion with AmigaDE, and as of now there's no AmigaDE for MOS. There might be a version for linux PPC, though, and if they get hold of it, then they're more or less settled...


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Anonymous 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 11:01:42
# ]



I think that is independent of this statement Bodie_CI5.

This statement sayes to me that if any misleading statements are made in public by Genesi in such a way that Hyperion or Eyetech consider their rights infringed, there will be another law suit for us to follow, this time in the EU I would guess.

It also ends some of the bootless speculation.

Dave.

 
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Anonymous 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 11:07:05
# ]



@fabio

Well they did just claim something, if its going to be tested, then it will get tested in court. Hours of fun for Joe Wannabe Lawyer.

I certainly wouldn't want to try and interpret what the law sayes, or the relevancy of "pre dated contracts" on the issue or even Hyperion's statement above for that matter. It also depends on whom they signed the contract with, which is not something any of us are privy to. Laws of precedence in business are murky at best.

Let the law courts settle it, and if Hyperion/Eyetech feel that something Genesi does oversteps the mark then Im sure we will find out through Samface or Rich Woods soon enough.

Till then, I see little point in muddying the waters.

Dave.

 
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Mikey_C 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 11:10:50
#6 ]
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Joined: 7-Mar-2003
Posts: 3060
From: Unknown

Does that Mean Rich Woods will be moving to Europe and Stalking Ben and Alan?


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Anonymous 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 11:14:18
# ]



He might find the laws tougher in that regard in the EU, plus he might have grown out of that you know. What I do expect to hear online ( although Id like people to keep it to a minimum here please ) are the John Grisham novel readers giving their view on how the law works, on why such a case would be in country X/Y/Z ad nauseum.

Anyway, speculation on speculation isn't going to help anyone

Back to the news item at hand, Hyperion have clarified what they believe is their position, they seem to be prepared to fight that in court if needs be.

 
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falemagn 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 11:17:57
#8 ]
Super Member
Joined: 24-Nov-2003
Posts: 1126
From: Italy

Quote:

Well they did just claim something


I know they did, the question is if they can. And I know it will be tested in court, if Hyperion deems appropriate to bring this to court, but I think that I'm allowed to comment and speculate on this annoucement, am I not?

Quote:

I certainly wouldn't want to try and interpret what the law sayes, or the relevancy of "pre dated contracts" on the issue or even Hyperion's statement above for that matter. It also depends on whom they signed the contract with, which is not something any of us are privy to. Laws of precedence in business are murky at best.


Well, then it would be nice to have Hyperion state which are the facts that make them so sure they're entitled to an exclusive right to the trademark.

Of course, if they mean they've got an exclusive license to the Amiga TM to be used in conjuction with their AmigaOS, then it might very well be, since Genesi can use those TM's only in conjunction with AmigaDE, but then Genesi doesn't need to slap such a TM on MOS - their AmigaOS clone - they only need to slap it on the peg, if they ever make AmigaDE run on it, and there'd be little that Hyperion could do about it, given that the contract Genesi has with Amiga states that in that situation Genesi can make use of any Amiga's TM.

Quote:

Till then, I see little point in muddying the waters.


I'm not trying to mud any waters, on the contrary I'd like to clear them up.


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Toaks 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 11:24:45
#9 ]
Elite Member
Joined: 10-Mar-2003
Posts: 8042
From: amigaguru.com

huffffffffffffffffffffffffffffff, its like 250.000 conspiracy teories jumping around in my head atm....

guys just carry me out of this when i am done please..


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Anonymous 
Re: Official Statement by Hyperion Entertainment on the Gene
Posted on 21-Feb-2004 11:27:18
# ]



Quote:

I know they did, the question is if they can. And I know it will be tested in court, if Hyperion deems appropriate to bring this to court, but I think that I'm allowed to comment and speculate on this annoucement, am I not?


Point me to where I said you were not.

Quote:

Well, then it would be nice to have Hyperion state which are the facts that make them so sure they're entitled to an exclusive right to the trademark.

That is for the courts I would say. They have made the claim, in public, if it is contested it has to be contested legally. If you personally doubt it then that is fine too, I don't mind. My personal view I have already stated, that they have made a claim, and only through litigation will we get to see the credibility of that claim stacked up against any that either wish to dispute that through aggressive legal action or dispute it through defensive legal action.


Quote:

I'm not trying to mud any waters, on the contrary I'd like to clear them up.

They would only get cleared up in court.

 
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FuZion 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 11:35:39
#11 ]
Super Member
Joined: 22-Nov-2003
Posts: 1962
From: Birmingham, England

Someone with a brain, please help me.

If I am working this out correctly, it's only the rights to have DE on Pegasos... As in, "Look, we've got Quake ported to our system!"

If my own calculations are correct, the announcements will not mean anything until a port of DE exists on Pegasos & even then, at that point, Genesi will not be able to claim that it IS Amiga, only that AmigaDE is available on the System.

Have I got this right? If so, move along everybody, there's nothing to see here

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falemagn 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 11:40:27
#12 ]
Super Member
Joined: 24-Nov-2003
Posts: 1126
From: Italy

Quote:

if my own calculations are correct, the announcements will not mean anything until a port of DE exists on Pegasos & even then, at that point, Genesi will not be able to claim that it IS Amiga, only that AmigaDE is available on the System.

Have I got this right?


Not entirely.

You're right about this situation only affecting AmigaDE, but the fact is that once they make AmigaDE run on the Peg, then the Peg will be able to be labeled "Amiga".

Anyway, I don't see why you people should be upset at Genesi for this... it's the contract that states this, and Amiga Inc. signed that contract, so...


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Anonymous 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 11:44:24
# ]



Im not upset, Im just ordered in an extra batch of popcorn.

The contract always did look a dumb thing IMHO to sign, but note the bit in handwriting which sayes ( this is from memory ) that specific permission for individual trademarks has to be sought from Amiga Inc.

We will see how this pans out, its sure to keep us in news items for some time to come.

 
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GregS 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 12:26:57
#14 ]
Super Member
Joined: 28-Apr-2003
Posts: 1797
From: Perth Australia

Has anyone cited any ruling from the court?

Seriously, you don't have an end until a ruling, claiming victory is meaningless only the ruling matters -- what does it say and where is it -- has any ruling been made at all?

The contract Amiga Inc have signed with Thendic mean very very little. Only that DE is made available for some handheld version (does even this exist?), all questions about trademarks revolve around this alone.

Besides which having just read Thendic's original submissions there is not much merit in their case that I can see.

This all seems to revolve around a submission made by Thendic's lawyer to the court on the 12th Feb 2004 -- is there some other document? Seriously folks is there something I have missed?


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Anonymous 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 12:33:00
# ]



@GregS

Well these are really two seperate things now. We have two claims:

1. Genesi claiming that it has the rights to the licensed "operating system" (?) source and assotiated tradenames as stipulated in the contract.

2. Hyperion claiming exclusive rights over the brandname and AmigaOS4 and the OS3.1 sources.

So, if either of the claimants feel that the either is infringing on their claimed legal rights then it will result in litigation.

I agree the original case didn't have much merit, but Amiga Inc was warned on several occasions that lack of appropriate legal representation meant the case would default against them, regardless of merit.

Still no official court dockets and I don't think that it would be appropriate yet to publish that as a news item as it is ongoing litigation.

 
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Anonymous 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 12:44:24
# ]



For me this looks like Genesi has rights for Amiga trademark [to be used with DE].

And it doesnt look like this concerns AmigaOS. Even if Genesi had now an access to AmigaOS 3 source code it is completely useless. AmigaOS 4 is another matter and it is not "owned" by Amiga Inc.

Anyway this fuss is ridiculous. Nothing happened. Amiga Inc lost court case it was known to lose. Noone can say things turned worse.

 
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Darth_X 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 12:49:53
#17 ]
Elite Member
Joined: 1-Jun-2003
Posts: 2997
From: Vancouver Island, Canada

[]never mind - later dudes]


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Billsey 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 13:05:58
#18 ]
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Joined: 20-May-2003
Posts: 1148
From: Look to where the waters meet in the midst of the land. It is here! St. Louis, Missouri, USA!

And the cow jumped over the moon.


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Toaks 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 13:08:03
#19 ]
Elite Member
Joined: 10-Mar-2003
Posts: 8042
From: amigaguru.com

this court case was about Thendic and AmigaInc ..

Not Genesi and hyperion.

or did thendic liscene out smartboy to genesi even before genesi was born?

hyperion owns the rights (amigaOS) according to this news item.


sorry but we need more information here, i am still confused why its genesi and not thendic , also thendic has more bills to pay than amigaInc ever had , and if genesi wanted to take over thendic assets etc then naturally the creditors will jump in and ask for all the money....RIGHT?

sorry i am not a laywer (thank god for that) but i find all of this to be very questionable and most of all scary...

i have a feeling thendic just sued for fun, to halt amigaOs development and most of all to make AmigaInc look bad..


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GregS 
Re: Official Statement on the recent Genesi Amiga litigation
Posted on 21-Feb-2004 13:12:34
#20 ]
Super Member
Joined: 28-Apr-2003
Posts: 1797
From: Perth Australia

@DAVEP
Quote:
I agree the original case didn't have much merit, but Amiga Inc was warned on several occasions that lack of appropriate legal representation meant the case would default against them, regardless of merit.


But DaveP it looks like all we have is announcement by one of the parties, and nothing else, and not the first time that party has announced pre-mature victory and virtual loot.

Besides which even when a case is defaulted, the judge has to rule according to the evidence presented and that is likely to be not very much at all, given the small amount I have read. Besides which as ongoing litagation I just can't see how anyone can claim anything at all at this stage -- so again I cannot see what all the fuss is about.

Besides which Hyperion's announcement is not hostile to Amiga Inc, but rather reassuring to the community that nothing much changes. The more I find out about this mess the more it looks like a storm in a tea-cup.


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