Yokemate of Keyboards
Posts: 12080 from 2003/5/22
From: Germany
>
New filingsThanks. Most meaningful IMHO:
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55. AMINO [...] admits that Cloanto acquired copyright ownership in and to Kickstart 1.3 as the result of copyright assignment."
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60. AMINO [...] states that Hyperion has no right under the Settlement Agreement to use the AMIGA mark in any manner or capacity."
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63. AMINO [...] agrees that Hyperion is not the rightful owner of AMIGAONE, AMIGAOS, or Boing Ball Mark."
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65. AMINO denies that Hyperion has or ever had any ownership rights in AMIGAOS and AMIGAONE [marks] [...]."
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130. AMINO admits that Cloanto has a non-exclusive license to the AMIGA mark, and that Hyperion has an exclusive license to use the marks AMIGAOS and AMIGAONE solely for purposes of marketing, distributing and making available Amiga OS 4 and its related hardware, and not for any other purpose, and denies [...] the implication that Hyperion possesses broader rights."
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The Settlement Agreement did not grant Hyperion the right to use the Licensed Marks (or the AMIGA mark) in connection with the "Software" (i.e., Amiga Operating System 3.1). The sole intent of the parties to the Settlement Agreement was to give Hyperion the rights that Hyperion believed were necessary for it to develop, market, and sell Amiga OS 4.0 and future operating systems (e.g., Amiga 5.0) for existing and future hardware platforms. The Settlement Agreement did not grant Hyperion the right to do anything with any Amiga software prior to Amiga OS 3.1, and permitted no use of Kickstart 1.3, which is not found in the source code of Amiga OS 3.1."
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the grants of rights by the Amiga Parties [...] to Cloanto were not limited to emulation, but included all of Cloanto’s activities [...]."
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the intention of the parties to the Settlement Agreement was to grant Hyperion all the rights it needed to develop, market, distribute and sell AmigaOS 4 and related hardware, and any future versions thereof."
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Hyperion’s former director (and current major shareholder), Benjamin Hermans, has bragged to various people that he "tricked" the Amiga Parties by including language in the Settlement Agreement that he believed would later allow him to claim broader rights than the Amiga Parties intended to give Hyperion. Had the Amiga Parties (including AMINO) been aware that the Settlement Agreement granted Hyperion the rights it now claims it has, the Amiga Parties (including AMINO) would not have entered into the Settlement Agreement. Consequently, the Settlement Agreement is unenforceable and void from inception."
