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Cloanto sues Hyperion
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 483 from 2008/8/10
    @thread

    Detail

    #6
  • »20.03.21 - 10:36
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12157 from 2003/5/22
    From: Germany
    > Detail

    From #105:
    "Exhibit C of the Hermans Declaration contains copies of two trademark assignments from Amiga to C-A Acquisition dated August 24, 2012."

    From #106:
    "Attached hereto as Exhibit C are true and correct copies of two trademark assignments from Amiga, Inc. to C-A Acquisition dated August 24, 2012."

    C-A Acquisition in 2012? Interesting, to say the least.
  • »20.03.21 - 17:14
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 483 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > Detail

    From #105:
    "Exhibit C of the Hermans Declaration contains copies of two trademark assignments from Amiga to C-A Acquisition dated August 24, 2012."

    From #106:
    "Attached hereto as Exhibit C are true and correct copies of two trademark assignments from Amiga, Inc. to C-A Acquisition dated August 24, 2012."

    C-A Acquisition in 2012? Interesting, to say the least.


    Clerical error perhaps. I've seen them before.

    Added older example:
    Source

    under "COMPLAINT FOR COPYRIGHT INFRINGEMENT AND TRADEMARK INFRINGEMENT"
    section 12.

    "At that point, Cloanto and Amiga’s principal, Bill McEwan"

    Apparently clerical errors don't count for much. I asked...

    Another addition to clarify Andreas Wolf's reaction for those who don't follow this:
    "On November 28, 2018, a new entity, C-A Acquisition Corporation, was formed."

    Source under "B"

    #6
  • »20.03.21 - 17:29
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12157 from 2003/5/22
    From: Germany
    > Clerical error perhaps. I've seen them before.

    Me too :-)
  • »20.03.21 - 19:45
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 483 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > Clerical error perhaps. I've seen them before.

    Me too :-)




    AmigaNews story

    #6
  • »21.03.21 - 21:15
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 483 from 2008/8/10
    Quote:

    number6 wrote:
    Quote:

    Andreas_Wolf wrote:
    > Kickstart-34.4.rom is a 1.3 rom version. Included in AmigOS 4.1 Update 4,
    > released for download 22 December 2011 .

    Thanks. So if we are to follow Cloanto's pattern of argument further than Cloanto does, Hyperion must have been infringing on Cloanto's copyright (supposedly obtained from Amiga Inc. in 2011/2012) since exactly that time.


    Not that it matters, but the cinemaware deal was 2010, including Manomio's negotiations for required IP.

    Manomio CTO Stuart Carnie

    Quote:

    Manomio is legally licensing the required intellectual property

    Source of quote above & vid/demo showing 1.3 image

    I fully understand your putting more weight on the 1.3 ROM discussed above, but I feel it's also fair to ask "who licensed what to Manomio?" back in 2010 as well.

    #6


    It's evident I need not ask "who licensed what to Manomio" again given that we have legal admittance.

    Quote:

    Hermans responded that Hyperion “did license
    the Kickstart to Manomio” and, plainly ignoring the specific grants in the Settlement Agreement,


    Source

    It might be a stretch to state this affected Cinemaware as well, but since they were sued shortly thereafter and involved with the Hyperion/Manomio deal, I think it is fair to conclude since this affected Manomio, it might have affected Cinemaware as well. You can be sure developers were never paid either for this epic fail.

    #6
  • »22.03.21 - 13:06
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12157 from 2003/5/22
    From: Germany
    > Following post is direct link to Amiga Parties' response.

    "Cloanto’s owner, Mike Battilana, has been an Amiga software developer since 1986 [...], and Hyperion had nothing at all to do with Amiga until 15 years later."

    Just a small inaccuracy, but would have been easy to get right.
  • »07.04.21 - 11:13
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 483 from 2008/8/10
    @thread

    more

    The last few pages have some "interesting" postings.

    #6
  • »12.04.21 - 11:48
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12157 from 2003/5/22
    From: Germany
    > The last few pages have some "interesting" postings.

    Indeed. I wonder how many accounts one is allowed to have on amigaworld.net. One for each "new" role, I guess ;-)
  • »13.04.21 - 11:29
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 483 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > The last few pages have some "interesting" postings.

    Indeed. I wonder how many accounts one is allowed to have on amigaworld.net. One for each "new" role, I guess ;-)


    Perhaps after "Vultures to Vampires" volumes 1 and 2 are released, an addendum of equal length will clarify some points. (evil grin)

    Almost forgot...
    the content of this shall be very enlightening

    #6
  • »13.04.21 - 12:40
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12157 from 2003/5/22
    From: Germany
    > Motion posted

    "Plaintiffs move the Court to allow the parties thirty (30) days within which to depose Evert Carton, Hyperion’s former director and the person who negotiated the parties’ Settlement Agreement on Hyperion’s behalf, who recently came forward with potentially admissible and highly relevant evidence."

    Let the fun intensify :-)
  • »21.05.21 - 20:25
    Profile
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