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Author Topic: "without prejudice to any third party rights."  (Read 2293 times)

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Offline ajlwalker

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Re: "without prejudice to any third party rights."
« on: October 19, 2009, 03:24:07 PM »
Quote from: persia;526406
What does this mean?

As part of the settlement agreement, the Amiga Parties acknowledge that Hyperion is the sole owner of AmigaOS 4 without prejudice to any third party rights.

I would take this to mean that with regard to Amiga Inc and Hyperion, Hyperion is the sole owner of AmigaOS 4.  However, there may be other components that have a third party interest.  This settlement does not cover these third parties and therefore does not prejudice them.

Note it says "Amiga Parties".  I assume this to be Amiga Inc and Hyperion.

I did study some contract law a long time ago, but my recollection of Jus Quaesitum Tertio is rusty.

In laymans terms I think it means with regard to AmigaOS 4 and onwards Amiga Inc's book is closed.  However, if someone else wants to have a pop, they can.  Yikes!!!  The only people who know though are the lawyers!

Edit:  I've also just had the thought that this could refer to anybody else who could in future claim ownership of OS4.  For example, if Hyperion had borrowed money from the bank and put up OS4 as collateral on the loan, then for the purposes of this settlement Hyperion are the sole owners, however, this would not prejudice the bank later taking ownership through a defaulted loan. Hope that makes sense.
« Last Edit: October 19, 2009, 03:28:08 PM by ajlwalker »