Yokemate of Keyboards
Posts: 4977 from 2009/1/28
From: Delaware, USA
Quote:
KennyR wrote:
Cloanto having the Amiga IP is just a side-show.
The core problem is that Hyperion believe that "the software" in the Amiga Inc settlement means AmigaOS < 4. It's fairly clear even on a cursory read that it doesn't.
Yep, anyone reviewing the settlement would have to agree that it doesn't give Hyperion any ownership rights to OS3.1. Just a license to develop from it.
BUT, does that license allow them to sell products developed from 3.1 other than OS4?
OS5 is mentioned, but versions below OS4 are not.
However, OS3.1.4 is more advanced than OS3.1.
Hyperion's real mistake was bundling OS1.3 with OS4.
Their license makes no mention of OS versions prior to 3.1 what so ever.
Cloanto may not have a right to develop from OS3.1, but they may have some valid claim to all versions up to 3.1, and ownership to the original 3.1 (if not modified or enhanced).
It's going to be a difficult case to rule on.
I'm glad its taking place where it is.
At least the judge will have some experience with a few of the parties.
Pity we can't just combine forces, cooperate and forge ahead.
The rights to essentially everthing are out of Bill McEwen's control, and we're still stuck in a ligative limbo.
"Never attribute to malice what can more readily explained by incompetence"
