@all

new documents from July 21, July 25, and July 29, 2008

Quote:

RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 111 MOTION for Judgment on the Pleadings. (Kinsel, William)

for direct link to filing #112

Quote:

REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 111 MOTION for Judgment on the Pleadings (Cock, Lawrence)

for direct link to filing #113

Quote:

Stipulated MOTION for Protective Order by Counter Claimants Hyperion VOF, Hyperion VOF, Counter Defendants Amiga Inc, Amiga Inc, Plaintiff Amiga Inc, Defendant Hyperion VOF. (Attachments: # 1 Proposed Order Stipulated Protective Oder) Noting Date 7/25/2008 (Kinsel, William)

for direct link to filing #114

Quote:

JOINT STATUS REPORT signed by all parties; estimated Trial Days: 10.. (Cock, Lawrence)

for direct link to filing #115

#6

Last edited by number6 on 30-Jul-2008 at 11:34 PM.
Last edited by number6 on 29-Jul-2008 at 03:20 AM.
Last edited by number6 on 22-Jul-2008 at 06:43 PM.

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This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

@number6

only 1 new thing, and thats hyperion having no problem with eyetech being joined.

this will only finish with a trial, so all this will be finally over 2009/2010.

if hyperion are confident in their win, what is stopping them producing os4 for new hardware?

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@Derfs
Quote:

if hyperion are confident in their win, what is stopping them producing os4 for new hardware?

OS4 would still need to be licensed from Amiga for new hardware.

Kind regards,

Francis.

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@number6

Quote:

Hyperion owns AmigaOS

that is cool!!!

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Philippe 'Elwood' Ferrucci
Sam460 1.10 Ghz
AmigaOS 4 betatester
Amiga Translator Organisation

@dreamlandfantasy

in the document that number6 provided a link to, hyperion state that, in their eyes, they own os4.

dont need a license for something they think they own.

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@Derfs

Quote:

Derfs wrote: @number6 if hyperion are confident in their win, what is stopping them producing os4 for new hardware?

It appears they don't want to look overly aggresive to the court. If they did sell OS4 for other hardware the the plus would be that the community would buy it in droves, helping with getting some money in their pockets to help with legal fees.

Last edited by fairlanefastback on 22-Jul-2008 at 09:16 PM.

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Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

@Elwood

Nah, it's Hyperion's attorney who claims that Hyperion owns Amiga trademark.

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PowerMac G5 2,7Ghz - 2GB - Radeon 9650 - MorphOS 3.14
AmigaONE X1000, 2GB, Sapphire Radeon HD 7700
FPGA Replay + DB 68060 at 85Mhz

@Derfs

Quote:

in their eyes, they own os4. dont need a license for something they think they own. .

The court has to agree first. Hyperion doesn't make it true just by saying so. Of course even if the court did agree with Hyperion, we would still be held up by an Amiga challenge appeal.

Ultimately this case is about Hyperion retaining their license, not owning the OS. Many threads seem to forget that point.

Plaz
(Hey, where's Tig anyway?)

In the year 2025, Amiga is still alive . . .

Hyperion and A.Inc have long since died . .


Now, you can finish the tune . . . .

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Avatar babe - Monica Bellucci.

@wolfe

I know im lazy but i think i will be finished with my tune to 2025. Normally i make 1 tune/year.

@All

So Hyperion owns AmigaOS 4 products? If so, then this is great, and would mean that Hyperion should have no problem to win the case...

_________________
Helge K. Leaving the Amiga in favour of a PC..

@Helge

Quote:

So Hyperion owns AmigaOS 4 products? If so, then this is great, and would mean that Hyperion should have no problem to win the case...

I have said all along, if they *really* believed that then there wouldnt have been anything blocking them giving themselves a licence to publish OS4.0 for hardware other than the AmigaOne *YEARS* ago!

The only block I could think of would be OS4.0 not actually being in a "finished" state...

Or that they didnt actually own anything and were actually blocking Amiga Inc by not ensuring they had the full rights to the code/source (which in itself is probably a legal case brewing if people decide they cant come to a mutually agreeable compromise).

funny to read Hyperions claims, never heard before that someone can get trademarks this way.
Its like cherry pick whats left of a bankruptly company. If this is legal every company would do it this way to save their assets. I guess the creditors of Amiga Inc will love to read these claims

@Totally_Blind_Mule

Quote:

Its like cherry pick whats left of a bankruptly company

IANAL but: There was a clause in the OS4 contract to enable it (development/publishing) to continue in the event that Amiga Inc went under, which included use of IP/trademarks. The main debate seems to revolve around the definition of Amiga Inc and bankrupt/ceasing to trade etc...

For all intents and purposes lets asume Amiga Inc still exist , the disagreement is then that they paid for the source/object code (and had an option to take Amiga OS back "in house") - also disputed. Then you have another dispute over the agreement between the coders of OS4 components and Hyperion and Amiga Inc.

If everyone is stubborn enough this will run and run and run...

@Totally_Blind_Mule

Quote:

Totally_Blind_Mule wrote: funny to read Hyperions claims, never heard before that someone can get trademarks this way. Its like cherry pick whats left of a bankruptly company. If this is legal every company would do it this way to save their assets. I guess the creditors of Amiga Inc will love to read these claims

So because you never heard of that means it's not legal despite all of the references that they provide...?

Companies die. Should their ideas and IP die with them?

@Lou

Quote:

Companies die. Should their ideas and IP die with them?

Well no - if they had value they would be sold off to creditors or in this case the clause that lets Hyperion take on the rights should Ainc. fold.

_________________
Sam

@Helge

Quote:

So Hyperion owns AmigaOS 4 products?

No - nothing is official yet.

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Sam

@Lou

Quote:

Lou wrote: @Totally_Blind_Mule Quote: Totally_Blind_Mule wrote: funny to read Hyperions claims, never heard before that someone can get trademarks this way. Its like cherry pick whats left of a bankruptly company. If this is legal every company would do it this way to save their assets. I guess the creditors of Amiga Inc will love to read these claims So because you never heard of that means it's not legal despite all of the references that they provide...? Companies die. Should their ideas and IP die with them?

The assets should be sold off to satisfy creditors. cherry picking of what is left of a compant leaves little of value to be sold. Can't see this as being any different then past AInc shell games.

@stew

Quote:

The assets should be sold off to satisfy creditors. cherry picking of what is left of a compant leaves little of value to be sold. Can't see this as being any different then past AInc shell games.

Hyperion claim to be a creditor.

@jahc

Quote:

Hyperion claim to be a creditor.

Im a creditor too (coupon scam)^^ So I own Amiga trademarks also ?

@Lou
Quote:

So because you never heard of that means it's not legal despite all of the references that they provide...? Companies die. Should their ideas and IP die with them?

Thats wasssnt my point, such a form of contract can be used for scam. E.g. Company Scamy LTD creats subsidiary ScamYourSelf Inc. then stealing a lot of money from customers by selling worthless coupons. Suddenly a contract appears which says: "If company chief has shot himself in the foot, ScamYourSelf Inc. automatically gets all assets."

Last edited by Totally_Blind_Mule on 23-Jul-2008 at 01:48 PM.