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Amigaworld.net News   Amigaworld.net News : Hyperion wins lawsuit against Cloanto
   posted by sananaman on 3-Apr-2023 10:11:43 (3699 reads)
Hyperion Entertainment CVBA obtains key victory in US Federal Court

Hyperion Entertainment is pleased to announce it obtained a sweeping victory in the US District Court of the Western District of Washington at Seattle in the litigation brought against Hyperion by Cloanto Corporation and the Amiga Parties (Amiga Inc., Itec, LLC and Amino Development Corporation).

The Court dismissed all of the remaining claims in this proceeding filed by Cloanto Corporation and the Amiga Parties against Hyperion Entertainment and found entirely in favor of Hyperion Entertainment by granting Hyperion's Motion for Summary Judgment as to all counts.

The instant case was initiated against Hyperion Entertainment on December 14, 2017 (!) when plaintiff Cloanto Corporation (later joined by the Amiga Parties) filed suit against Hyperion in the U.S. District Court for the Northern District of New York alleging Hyperion exceeded the rights granted to it by the 2009 Settlement Agreement thereby resulting in copyright and trademark infringement.

Read more...


Hyperion Entertainment wishes to thank all of the AmigaOS 3.x and 4.x development teams as well as our beta-testers for continuing their work during the many years of litigation.

During these many years Hyperion Entertainment was always keen to bring this litigation to a negotiated outcome and still, to this day, remains of the belief that an amicable resolution between the parties bringing all remaining litigation to a close, would be in the interest of the Amiga Community as a whole.

A copy of the Court’s order of March 30, 2023 can be found in the link below.

https://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2018cv00381/256770/141

Source:
https://www.hyperion-entertainment.com
    

STORYID: 8890
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Yssing 
Re: Hyperion wins lawsuit against Cloanto
Posted on 5-Apr-2023 21:53:48
#1 ]
Super Member
Joined: 24-Apr-2003
Posts: 1085
From: Unknown

Finally, it was about time, hopefully we can now begin to see more progress and no more lawsuits.


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kolla 
Re: Hyperion wins lawsuit against Cloanto
Posted on 6-Apr-2023 11:58:22
#2 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2975
From: Trondheim, Norway

@Yssing

What Hyperion fails to communicate here is that this was just the court dismissing the first case against Hyperion, on basis that Cloanto, amiga parties, Anino etc are not the right entities to sue Hyperion over these issues. The correct entity is the current Amiga (which also is Cloanto), and that case was alredy filed, pending the outcome of this decision. So there is no “sweeping victory” for Hyperion in this, the “real” court case is yet to come.

(And you’d known this if you had been following any of existing threads here on awn and elsewhere.)

Last edited by kolla on 06-Apr-2023 at 11:59 AM.


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L8Knight 
Re: Hyperion wins lawsuit against Cloanto
Posted on 6-Apr-2023 14:34:42
#3 ]
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Joined: 6-Jul-2003
Posts: 130
From: Grand Blanc, MI

Well said, Yssing! Long Live the Amiga!!

--Barry Steenbergh

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number6 
Re: Hyperion wins lawsuit against Cloanto
Posted on 6-Apr-2023 16:22:53
#4 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11593
From: In the village

@kolla

If -that- bothers you, then you won't want to watch this or read any of the comments:

https://www.youtube.com/watch?v=qz2QDWFKpd4&ab_channel=10MinuteAmigaRetroCast

I am really getting tired of having to explain over and over about why Mike does not use the Amiga.com site itself and why he doesn't communicate what he does to the public. This seems to be an issue brought up again in the video above.

A lawyer determines these things and oddly Mike takes his advice. This includes, but is not limited to...a lawyer approving text content and wording that appears on the Amiga Corporation links on the Amiga.com page.

Not to mention Mike might have things he considers that could possibly be jeopardized if made public prior to signing any agreements or developing any new partnerships.

It's a shame that the truth has no value here.

#6


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BigD 
Re: Hyperion wins lawsuit against Cloanto
Posted on 6-Apr-2023 19:00:18
#5 ]
Elite Member
Joined: 11-Aug-2005
Posts: 7333
From: UK

@number6

Yep, that video is not accurate but I've tried to shed some light:

Quote:
...and so the true court case will now begin but this time from the only plaintiff that the court will allow; C-A Acquisition/Amiga Corporation! This is the ONLY thing that the judge has actually given a verdict on! Obviously, Hyperion and Amiga Corporation SHOULD settle out of court but it is quite hard for them to reach an agreement. Watch this space!


That about sums it up IMHO!


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dan.hutch 
Re: Hyperion wins lawsuit against Cloanto
Posted on 6-Apr-2023 22:33:13
#6 ]
Cult Member
Joined: 30-Dec-2004
Posts: 530
From: United Kingdom

For a more balanced write up of this I recommend https://www.amiga-news.de/en/news/AN-2023-04-00011-EN.html

Hyperion's press release brushes over the parts inconvenient to them.

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number6 
Re: Hyperion wins lawsuit against Cloanto
Posted on 6-Apr-2023 23:30:12
#7 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11593
From: In the village

@dan.hutch

Just so you know, the AmigaNews articles were also linked to in the forum thread on the same topic.

Here

#6


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kolla 
Re: Hyperion wins lawsuit against Cloanto
Posted on 7-Apr-2023 5:15:52
#8 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2975
From: Trondheim, Norway

@number6

Quote:
you won't want to watch this


I have no desire to watch anything from "dynamic computing", you're right about that.

Last edited by kolla on 07-Apr-2023 at 05:16 AM.


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Yssing 
Re: Hyperion wins lawsuit against Cloanto
Posted on 7-Apr-2023 20:28:23
#9 ]
Super Member
Joined: 24-Apr-2003
Posts: 1085
From: Unknown

You know what, I have other things to do, than just spend my time following, god knows, how many sites and even more threads. Maybe you have plenty of time, I don't.

Also I do not hate Hyperion, I was hoping for them to win all along.


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Prober 
Re: Hyperion wins lawsuit against Cloanto
Posted on 8-Apr-2023 5:02:04
#10 ]
Member
Joined: 2-Aug-2005
Posts: 44
From: Czech Republic

Honestly, I don't know. Hyperion is still actively developing AOS 4.1, is behind the development of AOS 3.2.2, and has seen some results. So far, what I know about Cloanto is that they are only behind the Amiga Forever emulation package and are just suing everyone. What has Cloanto done for the Amiga anyway? Nothing but controversy in the community.


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klx300r 
Re: Hyperion wins lawsuit against Cloanto
Posted on 8-Apr-2023 5:53:22
#11 ]
Elite Member
Joined: 4-Mar-2008
Posts: 3839
From: Toronto, Canada

it’s only good news for the community if the law suits are finally over !


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pixie 
Re: Hyperion wins lawsuit against Cloanto
Posted on 9-Apr-2023 9:59:16
#12 ]
Elite Member
Joined: 10-Mar-2003
Posts: 3183
From: Figueira da Foz - Portugal

Hyperion is very good 20 years later, doing work with others Ip. Imagine if you had a tenant doing as he wishes with your house, at least he's doing something, right? So you think it's worth in such a tiny market AFTER actually bought the damn thing to compete for the same segment? I wonder why Hyperion who have done so much in this 20 years haven't bought the damn thing though


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kolla 
Re: Hyperion wins lawsuit against Cloanto
Posted on 10-Apr-2023 22:48:05
#13 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2975
From: Trondheim, Norway

@pixie

“So much?” In 20 years? Really? Or are you being sarcastic? :)


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KimmoK 
Re: Hyperion wins lawsuit against Cloanto
Posted on 11-Apr-2023 11:08:33
#14 ]
Elite Member
Joined: 14-Mar-2003
Posts: 5211
From: Ylikiiminki, Finland

"the “real” court case is yet to come"

YAWN!

"What has Cloanto done for the Amiga anyway?"

There might be more Amiga users via Cloanto than via other(s)?
Other than that, not much.

But IMHO, Mike would be a good "president" for handling Amiga rights.
He can help to get rid of fights and develop things more openly towards the future and towards more HW platforms.

Last edited by KimmoK on 11-Apr-2023 at 11:12 AM.


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djnick 
Re: Hyperion wins lawsuit against Cloanto
Posted on 14-Apr-2023 0:43:31
#15 ]
Cult Member
Joined: 11-Jun-2003
Posts: 947
From: space

I had to log in to post something here…

Reading about those lawsuits is like watching fight between Donald Duck and Mickey Mouse, even they are both Disney… What is the point and why wasting time and money on this? What will “winner” get and why?


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kolla 
Re: Hyperion wins lawsuit against Cloanto
Posted on 16-Apr-2023 15:05:54
#16 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2975
From: Trondheim, Norway

With Hyperion, all anyone can hope for is crumbles… and potentially even more lawsuits. Just like how the last two decades have been, because one cannot reason with Hermans. With Cloanto there’s at least hope for a much better situation.


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pixie 
Re: Hyperion wins lawsuit against Cloanto
Posted on 18-Apr-2023 10:40:15
#17 ]
Elite Member
Joined: 10-Mar-2003
Posts: 3183
From: Figueira da Foz - Portugal

Quote:
“So much?” In 20 years? Really? Or are you being sarcastic? :)

Totally! :)


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dan.hutch 
Re: Hyperion wins lawsuit against Cloanto
Posted on 19-Apr-2023 10:43:35
#18 ]
Cult Member
Joined: 30-Dec-2004
Posts: 530
From: United Kingdom

@number6

Maybe the news article should be changed to something more balanced or an opener added to make clear that this is a copy and paste of a Hyperion press release. A press release that paints a particular picture to suit Hyperion.

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dan.hutch 
Re: Hyperion wins lawsuit against Cloanto
Posted on 19-Apr-2023 10:58:04
#19 ]
Cult Member
Joined: 30-Dec-2004
Posts: 530
From: United Kingdom

@kolla

Agree. Hyperion seem to only to release products where someone else does the work for them and minimal effort is needed on Hyperion's part and their is maximum financial return.

It's not right for any company to make money off the trademarks and IP of others, what the legitimate owners do with it or not is their business.

Hyperion blatantly named their classic OS release 3.1.4 to try and exploit some aspect of the wording of the agreement that gave them the rights over OS4 and pull the wool over the eyes of the courts.

When people buy Hyperion's OS 3.1.4 or 3.2 they are just helping to fund these legal activities not development. As we know the developers don't get paid and don't ask for payment - probably because they doubt Hyperion's claim to the rights and don't want to get drawn into the legal disputes.

Last edited by dan.hutch on 19-Apr-2023 at 10:59 AM.

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