@thread

interesting

#6

Quote:

On Kolla's comment there, I've read the 3.1.4 software licence, and while I'm not a lawyer, I'm pretty sure a lot of the more out-there clauses are illegal under various EU laws. (Edit: or more accurately, illegally attempt to remove statutory consumer rights by means of binding contract.)

Don't really need a class action. Users wishing to do something that is prohibited from the licence can simply ignore it - Hyperion's case would be thrown out if they tried to action against it.

[ Edited by KennyR 11.07.2019 - 17:36 ]

Quote:

Ah, so Costel returned. And now he's leaving.

Quote:

Trevor has once again claimed "Nothing to see here!" over on AWN.

Quote:

Fact: AmigaOne name is removed from all A-Eonkit sites and shops for X1000 and X5000. If it just me, or is this just cleverly worded mentioning FUTURE HARDWARE? Sounds to me like they simply will not proceed unless the naming issue is resolved, and they can't use the name any longer with current products, or they are not comfortable doing it ATM.

The same people claiming nothing to see here, and the AmigaOne name is not important, are the same ones some years back pushing a promotional picture with AMIGA in the biggest font available, coupled with one in the smallest font available.

[ Edited by redrumloa 17.07.2019 - 12:18 ]

Quote:
It reminded me of the same thing. I think it one of the AmiWest presentations used the same image of AmigaOne with the tiny "One".

AmigaWorld posters reacted very negatively to any prospect of the AmigaONE losing its name, and don't seem to be placated by Trevor's vague reply either. Definitely a wake-up call for Trevor, though it isn't clear what he can do about it at this point. If he loses the AmigaONE name he'll just be left holding overpriced PPC boards that not even OS4 guys want to buy.

Also, AmigaKit launching a new company is funny, especially the excuses to try to explain it away. I used to work for a startup which did the same to get rid of a bad investor who tried to take over the company and fraudulently sell it. My boss (the main shareholder) simply made a new company with similar name, transferred all assets, and left the bad investor with a large share in a company that now had no value.

Matt may have done this. Question is, to who? Could be Trevor or Aaron (Amiga On the Lake) I suppose, but given Ben's just taken near total ownership of Hyperion, it looks like a tit-for-tat thing.

@thread

activity from the somewhat dormant trademark case

#6

Quote:

1.jpg

>> Says the one who just recently completely misunderstood the purpose
>> of Paul Clements' testimony to the point of utter stubbornness.

> No I didn't misunderstand anything Andreas

Yes you did, you even went as far as putting words in his mouth he never even implied. Everybody who is able to read English language could simply read his words (which I quoted to you several times) telling the exact purpose and conclusion of his testimony. Also Cloanto have referred to this testimony in their court filings for no other purpose than to show that Hyperion's 3.1 license ist just for 3.1 proper and does not extend to older versions just because 3.1 is based on them. What you've made of it, namely that the testimony's conclusion was that Hyperion's 3.1 license was null and void, is bordering on delusions.

> You obviously didn't understand the bigger picture of Paul Clement's testimony

You obviously fabricated this "bigger picture".

> nor the purpose of such a testimony in a jury trial.

I read Cloanto's court filings where they referenced the testimony. Did you? Can you give a summary of the reference, shedding light on that alleged "bigger picture"?

> why don't you simply e-mail AeonKit with a notification about those six pages
> still mentioning "AmigaONE 500"?

Huh? You seem confused. At no point in time were there, neither are there, "six pages still mentioning "AmigaONE 500"". In case you mean just "AmigaOne", why should I of all people notify them, especially considering they decided to reintroduce the term "AmigaOne" to the wiki main page (making it 7 pages btw, not 6)? It's KennyR claiming they aimed at deleting all "AmigaOne" references from the wiki (actually, he even repeatedly claimed they managed to do so), not me, so it's him you should direct your suggestion at.

It is maybe my “fault”, long ago I sent a message to Matthew saying to change the color of the “One” so it would look like more Amiga than AmigaOne...

> I once saw a thread derailed because he hadn't ever seen the abbreviation
> ande for Amiga-News.de. Rather than simply take my word that we used it
> commonly on IRC [...], he proceeded to then demand links to where it had been used.

None of this is even remotely true. It's completely made up. What happened is quite the opposite: I simply assumed you meant amiga-news.de when you wrote "ANDE". See comment #714 for where it happened. I'm sure you can navigate there also without a link.

> The worst thing one can do is actually supply some

Indeed that's the worst thing you KennyR could do as this would expose you as the liar you are in an instant.

> Andreas is free to dispute anything said, but he struggles to do so in a constructive manner.

I feel that posting links is the most constructive thing possible to do in order to expose your lies.

> The two events are quite possibly interconnected.

Ben moved from Monard no later than May or June. When were his mails filed as evidence?

> the other shareholders [...] to date, have said nothing. [...] nobody is sure if Costel
> actually did come back to do it.

He at least announced the Shogo update on 10 July to os4welt.de (so 2 days after 3.1.4.1 release).

> A-Eon's Amiga wiki's Admin strangely removed reference to the AmigaONE brand
> on several pages including front page and X5000 page

It was just these 2 pages.

> only to put them back when people noticed.

Only to the main page. X5000 page has it removed still.

> concerned name fanboys [...] say they won't buy anything without TEH NAME.

I doubt this actually happened, as reaction to the recent "AmigaOne" issue and with your history anyway :-)

@Andreas_Wolf

Quote:

They were mentioned in some detail in the actual court filing of

July 2, 2019 sections D/E

The actual email exchange in full is likely a discovery document, that would have preceeded the release of the July 2, 2019 filing. Exact date is unknown to me.

#6

> all info for the X1000 has been pulled (although the menu link remains).

The X1000 page has been broken for about a year.

> I thought there was no contention over the AmigaOne, AmigaOS, or OS4 trademarks
> or use of the Boing Ball logo.

Oh there is, see C-A Acquisition's trademark case. Hyperion's attempt to register these trademarks, use of them for merchandise and use of them (except "AmigaOne") for 3.1(.x) products is complained about.

> Sometimes it seems he can't see the forest for the trees.

To regard what I write as the entirety of what I see is not an easy mistake to make ;-)

> It's Generation Amiga, so take this with a grain of salt. [...]

Absolutely. It's typical Generation Amiga crap, i.e. completely misunderstanding and twisting the information coming from the alleged source and then putting some fabricated nonsense on top.

> when the X1000 was first announced on a.org [...] then suddenly a bombastic
> post from trevordick that it had been scrapped altogether (later it was understood
> that it was because his initial deal with BenH/Hyperion crashed) but then
> suddenly that message was withdrawn when a new partner stepped in.

As the message had been declared a hack a mere hour after posting, who was this "new partner" supposed to be?

> They explained the deleted message with the account had been hacked?

They explained the posted message with a hack. The message was deleted by a moderator about an hour later.

> The "Hyperion vs A-Eon" grudge match theory has gone on for a decade

I think it started 7 years ago with A-Eon's change from Belgian CVBA to British Ltd.

> OS4 users just now reminding him they aren't interested in hardware without the name

I recall the Sam440 and Sam460 (also before the "AmigaOne 500" name came to be) have been popular hardware platforms for OS4, as has been the Pegasos II.

Quote:

is this the message you are referring to?

#6

> interesting

Indeed. What I find most interesting is the fact that the Amiga Parties and Cloanto are not on the same page as to the legality of Hyperion's inclusion of 3.1 into OS4 from 2011 on.
And of course the revelation that it was McEwen who "took the necessary steps to revive Amiga, Inc." and "reached out to the Amiga, Inc. shareholders, who appointed [him] as Secretary and conferred on [him] the power to revive Amiga, Inc.".

> 1.jpg

...or on the A-Eon server:

http://blog.a-eon.biz/blog/wp-content/uploads/2014/10/X5000_Boot07.png

> activity from the somewhat dormant trademark case

At least they could have the obvious mistakes (see comments #882 and #886) corrected before re-issuing :-)

Quote:

I never kept track of this specifically, but since there was a release of 3.1 by Hyperion prior to the 3.1.4 release, is it possible this is not an error but a reference to that prior release?

Reference

#6

Quote:

The AmigaOne 500 was also the first AmigaOne to have the branding on the case.

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I used the word "dormant" because it's so different than the contract case.

obvious back and forth between parties in the contract case
trademark case with only 1 party?

so I ponder...

If anyone can explain how a complaint would be filed followed by months of silence and then a re-issue granted amended complaint gets filed with still no word from the other party, I'd appreciate it.

#6