Yokemate of Keyboards
Posts: 4695 from 2009/1/28
From: Delaware, USA
> this is likely to be resolved in courts in the state I live in
You have moved from Delaware to New York? And hasn't the New York case (Cloanto vs. Hyperion) been merged with the newer Washington case (Hyperion vs. Amiga, Amino, Cloanto, Itec) and relocated to Washington? (Addendum: Or do you mean 'state' as in USA?)
> with previous judgements in their favor, it looks like the courts
> will rule in favor of Hyperion in this matter.
It was a settlement agreement in September 2009 between Hyperion, Amiga, Amino and Itec. Had Pentti Kouri not died in January 2009 letting the money source run dry, maybe Hyperion's opposing parties would have been able to continue the trial instead of agreeing to a settlement. I'm not privy to Cloanto's financial resources compared to Hyperion's, though.
Sorry, I'd assumed they'd hear the case in Delaware, but if it makes you feel any better, NYC is only a little more than a half hour train ride away.
I visit that city and Washington DC frequently.
As to Pentti Kouri, "his" resources were usually other's resources.
And if those legal wranglings had continued, its my opinion that the courts would have invalidated Amiga Inc.'s claim to ownership of AmigaOS.
As to personal feelings in this matter, it was a dispute between two organizations run by persons of questionable character.
However, Hyperion was producing products, Amiga Inc never managed to accomplish anything that promoted to continuation of the Amiga line.
They thrashed about with concepts like Amiga DE, destroyed their relationship with Haage and Partner, made many promises, and kept virtually none.
Frankly, I wish that things had worked out differently, but had Amiga Inc. retained the rights to continue to develop Amiga OS, I believe even less progress would have been made than the limited progress made so far.
And Cloanto's attempt at an IP grab will profit the community no more than Bill McEwen's past endeavors.
They don't have a license to distribute OS 3.5 or OS 3.9, only earlier Commodore created variants, but have licensed later modules to update 3.1 to what they are calling "OS3.X".
As Hyperion has an exclusive license to build on OS3.1 issued by Amiga Inc., the apparent legal precedents lay in Hyperion's favor.
Unless Cloanto can prove an ownership agreement that predates the 2009 settlement, not a license from a bankrupt company, a transfer of rights from the apparent IP holder, they won't have much standing in a US court.[ Edited by Jim 15.06.2018 - 10:11 ]
"Never attribute to malice what can more readily explained by incompetence"