Cloanto sues Hyperion
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    Senex
    Posts: 493 from 2003/2/17
    From: Hannover / Ger...
    @number6:

    News-item at amiga-news.de - german-only for now, but in the text there is a link to our copy of the actual document.
  • »28.12.18 - 18:36
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  • Order of the Butterfly
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    KennyR
    Posts: 440 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    number6 wrote:
    @thread

    MOTION for Preliminary Injunction (item #45)
    As expected.

    #6


    Cloanto run a business on selling classic ROMs and software which Hyperion are muscling in on, making an injunction request a foregone conclusion. Only surprise here is that Cloanto didn't take action a lot sooner. Mike seems to have relied upon good will for years - always a mistake when dealing with Hyperion.
  • »28.12.18 - 19:43
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  • Yokemate of Keyboards
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    takemehomegrandma
    Posts: 2533 from 2003/2/24
    Quote:

    Senex wrote:
    @number6:

    News-item at amiga-news.de - german-only for now, but in the text there is a link to our copy of the actual document.


    A very well written document. One after another, all facts are lined up and backed with solid evidence. This is a crystal clear case. It doesn’t get more obvious than this.

    [ Edited by takemehomegrandma 29.12.2018 - 00:23 ]
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »28.12.18 - 23:21
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    Andreas_Wolf
    Posts: 10096 from 2003/5/22
    From: Germany
    > A very well written document. One after another, all
    > facts are lined up and backed with solid evidence.

    ...except at least one (page 8):

    "In 2011, Hyperion packaged Amiga OS 3.1 with AmigaOS 4, failing to advertise that fact"

    From Hyperion's December 2011 press release:

    "Introducing the new Emulation drawer with official AmigaOS 3.x ROMs and Workbench files. AmigaOS ROMs are provided for all classic Amiga models and the CD32 platform."
  • »31.12.18 - 12:45
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  • Paladin of the Pegasos
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    redrumloa
    Posts: 1270 from 2003/4/13
    Quote:

    takemehomegrandma wrote:

    A very well written document. One after another, all facts are lined up and backed with solid evidence. This is a crystal clear case. It doesn’t get more obvious than this.


    Indeed. HYPErion are bald-faced pirates. I hope the court orders damages that will bankrupt the whole lot of them.

    [ Edited by redrumloa 01.01.2019 - 16:32 ]
  • »01.01.19 - 21:31
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  • Jim
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    Jim
    Posts: 4714 from 2009/1/28
    From: Delaware, USA
    Quote:

    redrumloa wrote:
    Quote:

    takemehomegrandma wrote:

    A very well written document. One after another, all facts are lined up and backed with solid evidence. This is a crystal clear case. It doesn’t get more obvious than this.


    Indeed. HYPErion are bald-faced pirates. I hope the court orders damages that will bankrupt the whole lot of them.


    One thing is for certain, even if they do have the right to vend a modified version of 3.1, including 1.3 with OS4 is clearly not within the rights granted to them in their settlement.
    "Never attribute to malice what can more readily explained by incompetence"
  • »01.01.19 - 23:07
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  • Order of the Butterfly
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    KennyR
    Posts: 440 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    Jim wrote:
    One thing is for certain, even if they do have the right to vend a modified version of 3.1, including 1.3 with OS4 is clearly not within the rights granted to them in their settlement.



    Hyperion's extremely weak claim is that they have the rights to "AmigaOS" and therefore it doesn't matter about the version number, they have the worldwide exclusive licence.

    Even if I knew nothing about Hyperion or Amiga at all, if I had read that settlement I'd wonder how Hyperion could ever have come to that conclusion. It's not the clearest of documents and seems to get confused about "the Software" but what Hyperion are claiming is out of the ballpark. It's like reading Ayn Rand and then coming to the conclusion that Rand wanted a communist government.

    And yet they've claimed this from the beginning - first week after the settlement. I'm wondering if they're taking advantage the other parties' unwillingness to jump straight back into litigation to claim they simply didn't care. Let's hope it backfires horribly and only proves to the court that Hyperion never had any intention in following the settlement.
  • »02.01.19 - 13:08
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  • Cocoon
    Cocoon
    Posts: 60 from 2009/5/6
    I don't know, if I was given rights to the "software" and that software was "Joes OS" and I had exclusive rights to this "software" then the differences between 1.3 and 2.0 and 3.1 would not matter as they are ALL versions of the "software" I have been given rights to.

    As was stated, many statements are open ended and vague and I can tell you many legal documents are purposely written in a vague manner and are often highly subject to interpretation.

    What say we wait and see what the courts say rather than spout crap about things we don't know all of the details.

    [ Edited by outlawal2 02.01.2019 - 08:58 ]
    "Pride is a poor substitute for intelligence." Quote from Rambo...
  • »02.01.19 - 14:55
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  • Yokemate of Keyboards
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    Andreas_Wolf
    Posts: 10096 from 2003/5/22
    From: Germany
    > Hyperion's [...] claim is that they have the rights to "AmigaOS" and therefore
    > it doesn't matter about the version number, they have the worldwide exclusive
    > licence. [...] they've claimed this from the beginning - first week after the
    > settlement. I'm wondering if they're taking advantage the other parties'
    > unwillingness to jump straight back into litigation to claim they simply didn't
    > care. Let's hope it [...] only proves to the court that Hyperion never had any
    > intention in following the settlement.

    You seem to be misremembering Hyperion's October 2009 press release and completely misreading the document where it says on page 7:

    "Hyperion is well aware that the Settlement Agreement granted it the right to use AMIGA OS and the “Boing Ball” logo mark solely in connection with AmigaOS 4, and that this prevented Hyperion – and was intended to prevent Hyperion – from marketing and selling Amiga OS 3.1 on its own, whether in original or enhanced form, e.g., “AmigaOS 3.1.4.” [...] That intention was confirmed by Hyperion in a press release published on Hyperion’s website on October 17, 2009, less than a month after the Settlement Agreement was signed."

    From Hyperion's press release issued 3rd week (not first week) after settlement:

    "Within the framework of the settlement agreement Hyperion is granted an exclusive, perpetual, worldwide right to AmigaOS 3.1 in order to use, develop, modify, commercialize, distribute and market AmigaOS 4.x (and subsequent versions of AmigaOS including without limitation AmigaOS 5) [...]"
  • »02.01.19 - 15:15
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  • Yokemate of Keyboards
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    Andreas_Wolf
    Posts: 10096 from 2003/5/22
    From: Germany
    > if I was given rights to the "software" and that software was "Joes OS"
    > and I had exclusive rights to this "software" then the differences
    > between 1.3 and 2.0 and 3.1 would not matter as they are ALL
    > versions of the "software" I have been given rights to.

    The Settlement Agreement's definition of "the Software" includes a version number, so your example is not applicable.

    > things we don't know all of the details

    The details are in the court documents, the most relevant ones of them published for everyone to read thanks to some generous people paying the required fees.
  • »02.01.19 - 15:37
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