• Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Quote:

    Andreas_Wolf wrote:
    >>>> Cloanto's claim to ownership of Amiga OS is threadbare at best.

    >>> not ownership, but rights. Cloanto were granted the licence by
    >>> the legal license holders.

    >> No Kenny, Cloanto [...] claims they purchased ownership of AmigaOS

    > Jim, [...] you [...] don’t even know the difference between key
    > concepts like [...] ownership and “license to use” [...]. [...]
    > Ownership of copyrights is ownership

    To me it doesn't read like Jim is the one who doesn't know this :-)


    Thank Andreas, I'm pretty sure I have a grasp of the situation, and no grandama I haven't had a glass of Herman's koolaid.

    I'm just trying to put this in a historic perspective for you.
    Herman's managed to secure a really good settlement and licensing agreements that even acknowledges that Amiga Inc. has obligations to other licensees, particularly for emulation.

    The problem is that that document also places restrictions on Amiga Inc.'s rights in regard to Amiga OS moving forward.

    The Amino/Amiga Inc. deal with Cloanto occurs AFTER that settlement agreement is in place, and again, Amiga Inc. cannot legally transfer rights it does not have.

    Specifically the right to commercialize Amiga OS.

    Cloanto, as a previous licensee can assert the right to distribute Amiga OS for emulation, but it can't buy the ownership of an encumbered IP without regard to the restrictions placed on the current IP holder.

    I have no love of Ben Herman's, but Mike should have researched this purchase better or contacted a lawyer before he made the mistake of giving money to a con man.

    Again, he got chumped.
    "Never attribute to malice what can more readily explained by incompetence"
  • »17.09.18 - 13:05
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