• Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12058 from 2003/5/22
    From: Germany
    > It’s not so much about wether the contract was signed or not

    Signing it in its known wording has entailed the disaster unfolding only years later. The flaws should have been apparent to a competent person and the agreement should have been redacted prior to signing.

    > *this* expert testimony speak volumes about what the agreement
    > factually *can* mean, and more importantly, what it *can not* mean.

    Indeed, the testimony clarifies that the "Software" term as defined in the agreement really just means AmigaOS 3.1 and no other version (despite the nonsense about its allegedly documented "Software Architecture"), so that it's just AmigaOS 3.1 that Hyperion has obtained an object code and source code license to.

    > the conclusion is not drawn from one point but from many points together

    As said, it's drawn in reference *to* a very specific point, i.e. the agreement's definition of the "Software" term.

    > it’s not about version numbers either.

    It's about the source code and the object code of a specific AmigaOS version released with a specific version number.

    > Hyperion wants it to be about apples, but the basis in the agreement for their
    > reasoning about this is a confused (and erroneous!) stipulation about oranges.

    A better analogy is that Hyperion wants it to be about fruits, but it's just about apples (or oranges).
  • »14.06.19 - 22:12
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