Amiga Inc sues Hyperion VOF for trademark infringement

[dammy]

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

[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

[dammy]

Very nice work, Rich.  :-) So who is the actual owners of Hyperion VOF?

Dammy

[dammy]

by guru-666 on 2007/4/30 13:58:01

oh boy is this ever pathetic.....Would like to hear Hyperions side of this! In the end whats point of fighting here? a $25000 os? it's a joke... A-inc should just fold and release it a to open source this this just pathetic.... In the ned NOBODY will make enough money to speak of.

Even if AI folded today, the "owners" and creditors would still have a viable  legal rights to any IP that could generate them cash. In other words, it's never going to be Open Source.

Dammy

[dammy]

Staf, the "Arctic" contract is here and starts at Exhibit G, page 35.  This clearly shows KMOS and Hyperion contract (it also states Laws of California will govern the contract) so however the old contract read, Hyperion went on with a new one, with KMOS.

Dammy

[dammy]

Just pay Hyperion what they're asking and be done with it. Hell, I'd bet the community would pony up the money to do so if it meant getting a voice as an investor and getting the product out the door.

From what I read from the law suit paperwork, they did pay the $25K plus another $8K or so and still have not gotten the source code, which includes the Twin's work.

Dammy

[dammy]

Yes, about being able to adapt OS4 for an arctic demo. I would like to see the original contract. Why isn't it included in the filing, it certainly is related to the case.

If there is anything in that old contract, I'm sure Ben will have his attorneys submit it with their counter claim.  They will be coughing up the monies for legal defense, won't they?
Genesi may have taught AI a new trick, those who can not afford an lawyer in Federal Court loses the case.

Dammy

[dammy]

how come this news isnt on news.com.com

Or /. for that matter.

Dammy

[dammy]

by Argo on 2007/5/1 16:08:24

If it turns out that Hyperion does not own any of the code or a significant part, say the Kernel. How can they turn over the code to Amiga, Inc.?

Hyperion is deep doodoo, there is little doubt about that.  Tigger had an interesting observation on Moo that I'm sure OS4 Devs haven't missed but sure enlightened me of Hyperion's actions.

Dammy

[dammy]

Guess we shall see who the REAL Boing Ball supporters really are for AI. :popcorn:

Dammy

[dammy]

f so then surely clause 2.07 becomes valid:
Quote:


    [Clause 2.07 states that] "In the event Amiga files for bankruptcy or becomes insolvent, the Amiga One Partners are granted an exclusive, perpetual, world-wide and royalty free right and license to develop, use, modify and market the Software and OS4 under the "Amiga OS" trademark and at their sole expense."

Except they did the shell game and transferred everything to KMOS before letting AI WA wither on the vine.   Then this Arctic contract makes it even worse for Hyperion since Hyperion is agreeing, by default, that KMOS is the owner of the Amiga IP.

Stick a fork in Hyperion, they are done, IMO.

Dammy

[dammy]

Update can be found here.

Dammy

[dammy]

Update can be found here.

:bump:

Dammy