• Yokemate of Keyboards
    Yokemate of Keyboards
    Posts: 10652 from 2003/5/22
    From: Germany
    >> That's just the trademark part of the argument.

    > It does stick out because they are discussing a breach of the settlement agreement
    > they were not party to.

    They are also discussing a breach of the settlement agreement in the copyright part of the complaint:

    "16. The Settlement Agreement did not grant to Defendant any right in any AMIGA software created or distributed prior to 1994.
    24. Upon information and belief, section 2 of the Settlement Agreement did not intend to expand the grant of rights to Defendant by allowing Defendant to market, license or sublicense Amiga OS 3.1. [...]
    30. Defendant’s copying, distribution and sale of Plaintiff’s Kickstart 1.3 also constitutes a breach by Defendant of the Settlement Agreement.
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