Acolyte of the Butterfly
Posts: 128 from 2008/7/22
Hyperion's "It's not piracy if WE do it" attitude has finally bitten back. Just think of how long Cloanto must have chafed about the ROM being on official OS4 CD, until Hyperion's (i.e. Ben's) IP-trolling behavior on trademarks finally pushed them over the edge.
Ben's arrogance is so dense and expensive it should be on the periodic table. Make a space for it between something really expensive and horribly radioactive.
Surely someone must have reviewed the contents of the CD prior Cloanto selling it in the form of a downloadable ISO. Does the fact that Cloanto previously sold the infringing product have any bearing on the strength of their argument?
Cloanto are claiming that Hyperion committed a material breach of the 2009 settlement agreement with the inclusion of the 1.3 because it displays the word Amiga, which Hyperion do not have permission to use. I'm not sure where Cloanto's lawyers are trying to go with this. Wouldn't the Amiga parties have get a court ruling on the existence of such a breach in order for the agreement to be terminated?
What are peoples views on Cloanto registering the Amiga trademark? I can imagine there would have been one hell of a shit storm on the forums if it was Hyperion that decided to take control of the brand in such a manner.