Priest of the Order of the Butterfly
Posts: 682 from 2003/3/4
From: #AmigaZeux, Gu...
One thing is for certain, even if they do have the right to vend a modified version of 3.1, including 1.3 with OS4 is clearly not within the rights granted to them in their settlement.
Hyperion's extremely weak claim is that they have the rights to "AmigaOS" and therefore it doesn't matter about the version number, they have the worldwide exclusive licence.
Even if I knew nothing about Hyperion or Amiga at all, if I had read that settlement I'd wonder how Hyperion could ever have come to that conclusion. It's not the clearest of documents and seems to get confused about "the Software" but what Hyperion are claiming is out of the ballpark. It's like reading Ayn Rand and then coming to the conclusion that Rand wanted a communist government.
And yet they've claimed this from the beginning - first week after the settlement. I'm wondering if they're taking advantage the other parties' unwillingness to jump straight back into litigation to claim they simply didn't care. Let's hope it backfires horribly and only proves to the court that Hyperion never had any intention in following the settlement.