> Cloanto are claiming that Hyperion committed a material breach of the > 2009 settlement agreement with the inclusion of the 1.3 because it > displays the word Amiga, which Hyperion do not have permission to use.
That's just the trademark part of the argument. The copyright part goes like this:
"27. Defendant never acquired any right to copy, distribute or sell Kickstart 1.3. 28. Plaintiff never authorized Defendant to copy, distribute or sell Kickstart 1.3. 29. Defendant willfully and intentionally infringed Plaintiff’s copyrights by making copies of, and distributing and selling the Infringing CD-ROMs, as well as offering and selling Kickstart 1.3 as a download. 30. Defendant’s copying, distribution and sale of Plaintiff’s Kickstart 1.3 also constitutes a breach by Defendant of the Settlement Agreement. [...] 39. Defendant’s copying, offering for sale, distribution and sale of Kickstart 1.3 without Plaintiff’s permission constitute copyright infringement under 17 U.S.C. § 501, et seq. 40. Defendant’ acts of copyright infringement were willful. 41. As a consequence of Defendant’s copyright infringement as alleged in this Complaint, Plaintiff has suffered and will continue to suffer damages in an amount to be determined at trial. In addition, unless Defendant is restrained from engaging in its infringing conduct, Plaintiff will be irreparably harmed. 42. Because the copyright of Kickstart 1.3 was registered long prior to the commencement of Defendant’s infringing conduct, Plaintiff is entitled to statutory damages and legal fees."