Yokemate of Keyboards
Posts: 4977 from 2009/1/28
From: Delaware, USA
Quote:redrumloa wrote:
Quote:
Minuous wrote:
IANAL but I'm inclined to agree with Jim's assessment of the situation.
The Settlement Agreement gave Hyperion a broad set of rights and placed many responsibilities and restrictions on Amiga Inc. Amiga Inc.'s subsequent deal with Cloanto seems to be invalid as it contravenes many of the terms of that agreement.
The settlement agreement will be found to be null and void IMO. The judge will look back to the earliest legal licensee, which is Cloanto since 1997 prior to all the other clown-show "companies".
Nah, the settlement took into account Cloanto's license and the license held by one other company.
Since Hyperion's license and Cloanto's previous license are not in opposition, then the only factor at play is Cloanto's attempt to increase its position from licensee to IP owner.
Even if the court were to recognise that transaction, the stipulations placed on Amiga Inc. come into play.
Amiga Inc is forbidden from further commercializing Amiga OS, and its not allowed to vend a similar product.
So what make you think Amiga Inc. can transfer rights to another entity that they don't possess?
Remember, as Andreas has pointed out, this is the same judge that oversaw the last case.
So he is familiar with the settlement. Amiga Inc.'s sale is what is likely to be rendered invalid.
[ Edited by Jim 17.09.2018 - 16:19 ]"Never attribute to malice what can more readily explained by incompetence"
