Yokemate of Keyboards
Posts: 4977 from 2009/1/28
From: Delaware, USA
Quote:KennyR wrote:
Quote:
Jim wrote:
My point was and is that Cloanto's claim to ownership of Amiga OS is threadbare at best.
It's black and white - not ownership, but rights. Cloanto were granted the licence by the legal license holders. Hyperion have no ownership of AmigaOS at all, and theirs only covers the entity known as "AmigaOS 4" and never had any other rights.
No Kenny, Cloanto was a licensee that claims they purchased ownership of AmigaOS after Hyperion had secured exclusive license to develop Amiga OS from Amiga Inc.
Its not at all clear cut except for the fact that Cloanto's rights to a license for emulation was supported in the previous agreement, and Amiga Inc. granted an exclusive to Hyperion to develop Amiga OS.
So Amino/Amiga Inc.'s attempt to sell an unfettered IP to a previous licensee is likely to have little affect on Hyperion's previous binding legal agreement.
To simplify, Amiga Inc. cannot not transfer more rights to Cloanto than it has itself. Get it?
No I understand your sentiment, and acknowledge the hard feelings of many in the community.
But courts don't rule based on what might be best, rulings are based on laws, legal precedents, and binding agreements.
It simple, Hyperion is the only entity legally entitled to develop from Amiga OS 3.1 source code.
Previous versions of Amiga OS muddy the issues surrounding this case, but nothing changes the fact that Hyperion secured its rights before Cloanto tried to purchase the product.
"Never attribute to malice what can more readily explained by incompetence"
