Priest of the Order of the Butterfly
Posts: 874 from 2003/3/4
From: #AmigaZeux, Gu...
Quote:
Jim wrote:
That would depend on what is in the settlement agreement, which Amino appears to be curiously clueless about.
Amino's opinion about what is enforceable isn't germane to the situation.
What it is going to come down to, is what exactly DID the parties agree to.
No question that Hyperion has the sole license to develop 3.1 into 4.0-5.0.
Did Amino assign any other rights to Hyperion?
Hyperion claim they have the rights (or at least, the rights to sell) to previous versions of AmigaOS from the settlement. Amino think different. From what I've always read from the settlement, I've never seen where Hyperion's claim comes from, yet they've always openly stated it since the settlement. Hyperion have then built that into a claim they have the rights to develop 3.x, which Cloanto and Amino are adamant they do not own.
They've been brought in to lend weight to Cloanto's claims that Hyperion are restricted in taking legal action against settlement partners. If that is upheld, Hyperion's case will be thrown out.
Of particular interest is the phrase "unclean hands", referring to a company that has acted corruptly, in bad faith or immorally. I guess that's how Cloanto and Amino see Ben's shoehorning of "We're allowed to develop OS4 from OS3" to "We're allowed to develop OS3.1 to OS3.1.4".
