Hyperion vs Cloanto

[cgutjahr]

No, No and No! The settlement agreement ended a previous breach of contract dispute between the Amiga parties and Hyperion in regards to the original Hyperion OS 4 licensing agreement. So, even if the the Amiga parties and Cloanto succeed in having the settlement agreement voided it does NOT void Hyperion's previous OS 4 licensing agreement.

Are you sure? This is what the settlement says:

"This agreement substitutes for, supersedes, and replaces all previous understandings and agreements between the parties [...]. No party is relying on a representation not set forth herein."

Doesn't sound like things would just switch back to the way the were before...

[cgutjahr]

You are likely correct as far as 1.3 is concerned, but how can registering an unregistered trademark be a breach of a contract?

They're still bound by the settlement, which limits their use of the Amiga marks to certain marks in certain contexts, trying to register another Amiga mark wouldn't be any different than distributing 1.3 - i.e. trying to use IP not covered by the settlement.

Btw., "this mark is no longer registered by Amiga" is not neccessarily the same as "this mark is no longer owned by Amiga" (it probably is, in this case - just saying "registering" and "owning" a mark is not the same.

[cgutjahr]

Yes, don't you realize that if the settlement agreement is voided as a whole, then all of the above is voided along with it?

Nobody is arguing the settlement agreement should be voided, AFAICT. The Amiga parties are argueing to have it terminated, due to Hyperion's alleged breaches.

In other words: the agreement would still have been in place from 2009 to 2019, and it would have terminated any older agreements for good.

[cgutjahr]

The problem arose as Amiga Inc. wanted to collect license fees from Hyperion from using the Os sources

No. As was well documented during the AInc-Hyperion trial, Amiga Inc. wanted to buy back OS4 using the appropriate clause in the original agreement. There were different interpretations about what the buy-back clause actually covered and how much money Hyperion was owed for OS4 and some AmigaDE work they had done - hence the lawsuit.

and Hyperion claimed that Amiga Inc. would not have had the license in first place as it remained open in how far rights have been transfered from CBM (via Escom and Gateway) to Amiga Inc in first place.

Yeah, and they actually made some very good points - just to forget about it all the second the were offered a settlement