Amiga Inc sues Hyperion VOF for trademark infringement

[Steady]

 :pissed: Will this cr*p never end?

I sincerely hope Hyperion come out on top.

[takemehomegrandma]

dammy wrote:
Does that mean Ben can now show us how Uber of a lawyer he is?  Oh wait, US court, has to be a real lawyer. :popcorn:

Dammy

Hasn't he already showed this? Wasn't he part of producing the "Über contract" in the first place? And according to Bill McEwen, he played a role in the buy-back agreement between Amiga Inc and Hyperion back in 2003. So I think he has surely proved himself to be way more skilled than "just a legal clerk" (at the time a very controversial quote from BBRV), right?

[JoannaK]

Argus:  "Competent" Who??? Seriously  :-P

This discussion only makes me wonder how those battle lines will be from this day on.. HyperionOS followers VS Amiga Name team ...

[dammy]

I dont get it, if Hyperion were in breach of the trademark then wouldnt you need to sue them in their own country or at least in the country where the breach took place?

AI issued the contract, AI is a US corp, it goes to US courts.  Now if someone in Germany was harmed by buying a A1, it would be in German courts.

Dammy

[takemehomegrandma]

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.

One thing does not exclude other things though. There could (and probably will) be more lawsuits.

For instance, wait and see what happens when Hyperion starts selling OS4-final CD's through their new world-wide distributor Acube. Then it won't be only a question of "trademark infringement" anymore...

[koaftder]

[takemehomegrandma]

cv643d wrote:
So is OS4 final illegal now?

Only if it comes from Hyperion, I'd say.

[Tripitaka]

Argus wrote:
It is interesting though if their suit is only for trademark infringement, rather than breach of contract or copyright.

The US legal code in question covers all kinds if stuff, IP etc...

This kind of reminds me of a legal situation I've seen before whilst working on digital re-mastering. We have the  curious situation of the film before the clean-up being the property of whoever holds the rights, afterwards however the digitally restored version is copy of whoever re-mastered it but they can do nothing with it because they own no Original rights. The nice clean version therefore is unusable untill everyone gets paid and the re-mastering company then gives consent to the original rights holder to publish/broadcast etc.
In the case I saw the original rights holder (a well known distributor of hong kong movies who shall remain nameless) refused to pay for the work (claiming they had run out of cash), we never got paid for the work and the nice clean copy of the movie NEVER SAW THE LIGHT OF DAY!!!

The point being this whole AInc./Hyperion situation could be (probably is) a lot more messy but the results could be the same if not resolved..........aaaaarrrrrrggh  :madashell:

....and all I whant is a nice new Amiga with OS4.

[Fats]

I want to nominate Bill MC to the worst imitator of BBRV. A snippet from the nomination: "Although he has shown the same lack of ethics [as BBRV] it was carried out with ten times less business intelligence."

Living in this Amiga world makes one become sarcastic...

greets,
Staf.

[cv643d]

So now we have:

-Pegasos users
-Classic Amiga users who do not care about newschool A1 or OS4
-PPC Amiga users who is on Hyperions side
-PPC Amiga users who is on Amiga.inc side
-Amithlon users
-Winuae/UAE users
-AROS users

Thanks Amiga.inc!

Edit
Updated list

[Fats]

cv643d wrote:
So now we have:

-Pegasos users
-Classic Amiga users who do not care about newschool A1 or OS4
-PPC Amiga users who is on Hyperions side
-PPC Amiga users who is on Amiga.inc side

Thanks Amiga.inc!

You forgot AROS.
Staf.

[motorollin]

Hang on, didn't AInc *ask* Hyp to write OS4? And now they're suing them? Why?

--
moto

[krize]

Who in the right mind believes and supports Amiga Inc. ??

Worst copmpany ever.

[Manu]

@motorollin

Because evrybody is bad, except Amiga Inc.

No, really. They said they issued the buyback clause,
and Hyperion did not agree. Hyperion tried to release
OS4 on Acubes hardware without Ainc's permisson therefore
the lawsuit.

That is the simpliest explanation I think of.

[koaftder]

Hyperion gets whats coming. Any company that even thinks about touching Amiga deserves to go out of business. Every company that has touched amiga got burned. The floor is littered with the rotting corpses of orgs chewed up and spit out by the specter of amiga.

[cv643d]

Not Genesi aparently...