Paladin of the Pegasos
Posts: 1424 from 2003/4/13
Quote:HYPErion are toast. So much could be quoted.
In fact, Hyperion has substantially and materially breached the Settlement Agreement by, among other things: (a) using AMIGAOS, “Powered by AMIGAOS,” and the Boing Ball Mark on T-shirts, hoodies, drawstring bags, cooking apron, coffee cups and other merchandise for which Hyperion was not granted any trademark rights; (b) marketing, distributing and selling Amiga operating system 3.1 and/or revisions thereof; (c) marketing, distributing and selling Kickstart 1.3; (d) using AMIGAOS to distribute, market, and sell Amiga operating system 3.1, 3.1.4, and revisions thereof; (e) using WORKBENCH to distribute, market and sell Amiga operating system 3.1 and/or revisions thereof; (f) using AMIGA to distribute, market, sell, and license Kickstart 1.2 and Kickstart 1.3; (g) using the Boing Ball Mark to distribute, market and sell Amiga operating system 3.1, 3.1.4 and revisions thereof; (h) licensing Kickstart 1.2, Kickstart 1.3, and Kickstart 3.1 to Individual Computers for use and distribution in hardware accelerator cards; and (i) interfering with the rights granted to Cloanto and its predecessors and affiliates long prior to the existence of the Settlement Agreement.
24. Hyperion availed itself of rights that it knows it does not have and placed false copyright notices on software that it does not own.
25. Hyperion’s bad faith is further shown by its allegation in paragraph 98 of the First
Amended Complaint that the Settlement Agreement’s blanket description of license grants to Cloanto limits Cloanto to engaging in emulation activities.
26. In fact, long prior to entering the Settlement Agreement, Hyperion was aware of the broad scope of rights, including “Classic Support,” that Cloanto had been exercising since the late 1990s.
27. Due to Hyperion’s bad faith, Hyperion should be barred from asserting any of its claims in this action.Buh-bye HYPErion.
Thanks for the updates Number6.
[ Edited by redrumloa 27.10.2018 - 20:37 ]
