• Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12073 from 2003/5/22
    From: Germany
    > Hyperion [...] managed to secure an agreement with AInc. that included a bankruptcy
    > clause...which they exercised in order to obtain the sole ownership of OS4

    I don't think Hyperion ever properly exercised or even tried to properly exercise that clause before litigation. It only became relevant after Amiga Inc. revoked the license due to Hyperion's alleged breach of the 2001 agreement and then sued Hyperion for ignoring the revocation. It took until the litigation that Hyperion started their attempt to leverage the bankruptcy clause by declaring that Amiga Inc. had been bankrupt for a while (and delayed filing) ...and/or that Amiga Inc. (Delaware) did not properly obtain the Amiga IP and 2001 agreement from Amiga Inc. (Washington) ...and/or that Amiga Inc. did not manage to fully pay the required 25000 USD in time, ...and/or that... ;-)

    > there is more than a little valid proof that the entity that owned AmigaOS
    > never properly completed transfer to the new AmigaInc. in Delaware (with
    > whom Cloanto has their contracts). [...] AmigaInc. Delaware [...] may not
    > even have the right to confer that IP, which has in any case previously
    > assigned rights to license that product to another company.

    Yes, but by signing the 2009 settlement agreement, Hyperion acknowledged that the IP transfer took place and Amiga Inc. (Delaware) became the rightful owner of said IP. Thus, there was no need to have the transfer challenged in court. Regarding the Cloanto vs. Hyperion litigation, it is obvious that no involved party can have any interest in arguing against a proper transfer as it forms the base for the claims of both parties. Put another way: If Amiga Inc. (Delaware) has never been the rightful owner of the IP, Hyperion do not have a valid license either.
  • »05.01.18 - 12:32
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