@Totally_Blind_Mule

I'm not arguing the point either way, I was just providing information for the previous poster.

@jahc

Quote:

Hyperion claim to be a creditor.

There probably are also other creditors than just Hyperion. In the bankruptcy remaining assets are usually sold to the highest bidder. So being a creditor does not necessarily help.

Btw I found this interesting legal mumbo jumbo about so called ipso facto clauses which seems to be what Hyperion is trying to enforce here.

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Amiga Developer
Amiga 500, Efika, Mac Mini and PowerBook

@All

It looks interesting...

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

@itix

You have a good point. As I remember, IBM and several other big name companies were creditors in the Commodore bankruptcy. Neither IBM, nor Sony, nor anyone of the creditors ended up with Commodore's assets. All rights went to the buyer, Escom.

-The Phantom "?"

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I sold my SAM460ex lite... waiting for money to buy a Raspberry Pi... or a Classic A1000 with Buffee... or an A1222... and OS4.3 FE update 11

It would be nice if this battle could finally end.

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@A500

Quote:

It would be nice if this battle could finally end.

Maybe our great-grand children will be able to post the results some time before the Amiga internal clocks rollover in 2038.

Plaz

@Totally_Blind_Mule

I was thinking if this is legal and works I would use it myself. I could sign an agreement with my son that if I am insolvent he gets my business and assets. If someone sues me I just file bankrupcy. That would save a lot of $$$ in insurance costs. I just can't see this being worth the paper it is written on.

Really the case I am more concerned about is the Developers vs Hyperion/Ainc., as this could end OS4.x no matter the result of Ainc. vs Hyperion.

@PhantomInterrogative

Any money made from the sale is dished out to the creditors (as a percentage of what is owed).

The creditors don't get trademarks or other assets - they all go to the purchaser.

AIUI, IANAL, etc

Chris

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"Miracles we do at once, the impossible takes a little longer" - AJS on Hyperion
Avatar is Tabitha by Eric W Schwartz

Hi @Totally_Blind_Mule

funny to read Hyperions claims, never heard before that someone can get trademarks this way.

'dilution'-https://www.nolo.com/definition.cfm/Term/9FDCE47F-D208-41C3-90EEE483C5CF3FAF/alpha/D/

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@Snuffy

And how does that relate to anything ???

O.k., one could argue that Hyperion's AmigaOS dilutes AInc's trademark, but not the other way round ...

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- We don't need good ideas, we haven't run out on bad ones yet
- blame Canada

After wading through that Court Doc, (and after just returning from taking a shower), I thought I would give those who do not have the time a brief synopsis from my own understanding of what is contained therein.

~ Hyperion: It's mine! All mine!
~ AInc: No it's not!
~ Hyperion : Is SO!
~ AInc: Is NOT!
~ Hyperion: IS!
~ AInc: Mommy!
~ Judge : Neither of you get anything until you put your toys BACK in the pram and play nice!

~ AInc: (sotto voice) poo-poo head
~ Hyperion (sotto voice) I know you are but what am I?

~ Judge (clears throat as another attorney leaves the case...)

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¤¤ Official Hyperion Zealot ¤¤

(No, I didn't type that with a straight face.)

@Yo

I think you are telling it like it is.

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Moxee
AmigaOne X1000
AmigaOne XE G4
I'd agree with you, but then we'd both be wrong.

@Yo

haha nice

@itix

Quote:

Btw I found this interesting legal mumbo jumbo about so called ipso facto clauses which seems to be what Hyperion is trying to enforce here.

Interesting.. so one may have to distinguish what part of what they are trying to do is "reordering of creditors" (Tigger) and what part is only "we keep our own work on OS4 because the contract is cancelled"..

Last edited by dirigent on 24-Jul-2008 at 03:28 PM.

@MobbyG, debaser, BillP., Mike, etal,

I was just reflecting on a post I formerly made:

Quote:

For those who wish a more general understanding from an attorney's point of view, you can listen to Denise Howell of "This Week in Law", who was interviewed about this case and general contract law on Amiga Roundtable in July, 2007.

http://amigaz.podomatic.com/entry/eg/2007-07-23T06_27_51-07_00

taken from source

@goody wisely added:
Quote:

Her part starts about 14:30 into the show.

It has been a year since your show.
Although she can not comment directly on the case, she could probably scan the context to date quickly and indicate from a professional perspective whether she still feels the same way about this case re:settlement vs court.
(just a thought)

#6

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

@thread

Latest submission from Hyperion

I am starting to think that maybe Hyperion could (and should) win this!

@Colin_Camper

That may be, but it would still be only one out of three. They need to win against the two Amiga Incs and Amino before they're in the clear.

@CodeSmith

I'm not with you.

If any Amiga/Amino fail they all do.

There is only ONE contract between one of them (even if they can't make up their mind which one) and Hyperion + Eyetech.

They might have thought they were being clever playing shell games and pretending to transfer IP but it means that the weakest link will bring it all down.

The judge must be aware of the Kent scandal and will use this as a judgement of character and how much weight to put in favour of the the people behind Amiga/Amino.

@Colin_Camper

"The judge must be aware of the Kent scandal and will use this as a judgement of character and how much weight to put in favour of the the people behind Amiga/Amino. "

Or maybe we should make sure he is

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José

@Colin_Camper

I don't think Amiga Inc would have trebled their legal costs if they didn't think it would give them some sort of advantage. I am not a legal expert, but I would assume that each case hinges around something else, so that if they lose the one based on that contract, they can try again as the other Amiga Inc or Amino with another contract or technicality.

As to the judge being aware of the Kent scandal... well again I'm no lawyer but I'd guess that it has to be entered in as evidence into the case before he's allowed to consider it.