Priest of the Order of the Butterfly
Posts: 753 from 2003/3/4
From: #AmigaZeux, Gu...
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?
It seems that emulation was far more lucrative than PPC hardware, and Hyperion decided to go this direction, as evidenced by Olaf and Thor's recent work on 3.1. Unfortunately there are two obstacles: Cloanto owns 1.3 which is necessary for many games, and the 2009 settlement prohibited Hyperion from breaching the rights of all Amiga parties. They apparently decided that these restrictions didn't apply for them any more, because time and raisins and stuff.Quote:
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.
Not any more. After all, there wasn't a forum shitstorm when Hyperion decided it was going to be the new Cloanto. Cloanto, however, appear to be miffed at the prospect.
(Edit: changed settlement to 2009. Lawsuit started in 2007, didn't settle until 2 years later.)[ Edited by KennyR 29.12.2017 - 21:28 ]