This is really unbelievable. Why can't those *gentlemen* at Amiga, who obviously couldn't competently code a "hello world" demo, just go away and leave the OS development and by rights, this platform's future to competent people?
It is interesting though if their suit is only for trademark infringement, rather than breach of contract or copyright. That would seem to indicate Amiga is desperate indeed and has already lost on the merits of trying to wrest OS4 from Hyperion. I suggest that the real plan of OS authors is to not call the OS by any trademarked Amiga name, rather, everyone will know it is an Amiga-derivative but Amiga, Inc. won't be able to get their incompetent greedy-Anywhere(tm) paws on it. There is precedent for this in the Linux model. My theory is that the kernel is already sufficiently divorced from the old 68K Exec that this is new technology. Amiga, Inc.'s prior breach by not fulfilling financial obligations during development already allow Hyperion not to turn over their work product. It's just a question now of whether Amiga,Inc. can restrain Hyperion from selling their new technology into the marketplace. It would seem they (Hyperion) have a very good case if, for example: 1) there is truly no trademark (name) infringement (e.g. Hyperion could call their product something else), 2) the new kernel is unique and sufficiently divorced from the early IP (this is a technical issue and relates also/more to patent and copyright), 3) any infringement is trivial and outweighed by the benefit in releasing to the consumer, 4) even assuming an infringement exists, Hyperion can argue it was they who were constructively first and/or maintained a presence in the marketplace (anyone following this can see how Inc.'s silence and constant disappearing/re-appearing act hurts their case). I, for one, am pulling for the Belgians!
