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Author Topic: Legal threats from Harald Frank  (Read 27224 times)

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Legal threats from Harald Frank
« on: February 21, 2003, 02:28:21 AM »
Normally I would never condone such actions as posting an e-mail into a public arena, but I feel that you, as the Amiga community should be aware of the level of stupidity and arrogance now involved in the Harald Frank versus Bernie Meyer war.

Now, while any development for the Amiga is a good thing, Harald Frank is threatening to sue Amiga.org (a free, non-profit service) if we even use the name of his product.

Posted in the Read More is the entire text from Harald Frank concerning the last news story in which Bernie Meyer is considering restarting development on the Umilator project.

It's actions such as these which will keep the Amiga from EVER surfacing as a viable platform again, and I sincerely hope that Amiga Inc will distance themselves from all parties involved for their own good.

------------ Text in its unedited form ------------

Hello,

please remove imediately any use of our product trademark on your website! If Mr. Meyer do such on his own sites and so put one of his feet into jail because of missuisung business trademarks, than its his decission and he has to stand in court for that.

But if you do such, or help in such illegal missuse, it is you who will get really fast some nice paper from my companys lawyer!

we will not tolerate any missuse of our business trademarks trough any kind of faked anoucements like now on your site!

If you are not able to keep your site clean from such abuse and illegal missuse, than as you suggested last time in your answer close down this service.

There will no more warning to you now, two times is enough!

Best regards,

VMC Harald Frank, Developer and Founder of Amithlon
 

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Re: Legal threats from Harald Frank
« Reply #1 on: February 21, 2003, 05:10:46 AM »
>I run UAE on my Mac (JIT version) using OS X (10.2.4).
JIT version of UAE on the Mac? Did I miss something?
 

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Re: Legal threats from Harald Frank
« Reply #2 on: February 21, 2003, 06:39:59 AM »
> Incendentally, what is the legal status of copies of Amithlon (gonna
>  sue me, Mr Frank?) sold to consumers before Mr. Meyer declared breach?
>  Are those copies concidered legal or illegal?
There are several issues here. First of all, any copies shipped by H&P before I instructed them (in accordance with the distribution contract) to cease distribution *do* come with proper licenses to *my* work. Any copies shipped by H&P after that date do not, as far as I am concerned, come with such licenses (and just in case someone wonders --- I have also never accepted a single cent from such copies).
The second issue is that of Amiga Inc IP. As far as anyone can tell, H&P never had a license for the distribution of Kickstart images, and whether their distribution of OS 3.9 as part of AmigaOS XL was legitimate is at least dubious. So it seems pretty clear customers did not receive a license for at least the Kickstart ROM, as H&P never was in a position to sell such licenses.
That being said, both Amiga Inc and I take the view that anyone who bought AmigaOS XL in good faith (i.e. without being aware of the issues) has shown a desire to do the right thing, and to support everyone involved. Given how common and easy piracy is, nobody has any interest in punishing such customers for doing the right thing, and thus both Amiga Inc and me are happy for such customers to continue the use of our respective IP, and hope they are enjoying it.
Of course, if you are in doubt as to exactly what you did or didn't get as part of your AmigaOS XL purchase, I would encourage you to pose that question to your dealer, or directly to H&P.
 

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Re: Legal threats from Harald Frank
« Reply #3 on: February 21, 2003, 07:44:29 AM »
Heh, this is just hilarious!!!!

I sincerely hope someone will give this twit some payback. Me?  I'm going to load up Kazaa-Lite, and start 'helping the community'  :python:
 

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Re: Legal threats from Harald Frank
« Reply #4 on: February 21, 2003, 11:29:58 AM »
@Bill H.

*Laugh* Brilliant :)
 

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Re: Legal threats from Harald Frank
« Reply #5 on: February 21, 2003, 12:27:42 PM »
This is not only an attack against Bernie.
This is an attack against the Amiga community, and an attack against AmigaOne/OS4.

When we decided to stop buying H&P's products, it must have worked on a grand scale.
I am so happy about the people who realized this long ago and stopped buying thier products.
I only hope that the people that are still buying thier products will stop supporting H&P.

This is not a legal issue, this is a community effort.
Because we do not believe that it is in our best interest to continue to support a company that has tried it's very best to destroy Amiga.

Wal-Mart can't sue a customer because he chooses not to be a customer any longer.
Neither can H&P.

Stop buying thier products if you don't like the way they do buisness.

And everybody buy Bernie's product when he releases it.

Enough said.

Goodbye forever Haage and Partner!    :-o
 

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Re: Legal threats from Harald Frank
« Reply #6 on: February 21, 2003, 12:33:05 PM »
And by the way...


Buy the crap out of OS4 and AmigaOne.
Buy the crap out of all AmigaOne and OS4 related products.

Empty your pockets and drain your resources for the new Amiga Products coming out by Hyperion and Eyetech.

It's time to put an end to this axis of evil.
 

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Re: Legal threats from Harald Frank
« Reply #7 on: February 21, 2003, 01:14:00 PM »
It sounds like Harald Frank needs to get laid.  Anyone want to start up a PayPal fund to pay for a weekend in Amsterdam for Harald to lose his cherry?  He could have a smoke while he's there too, might chill him out a bit!!

Maybe he should dabble in a little of my handle? Points 4 and seven below seem approriate for Harald.

MDMA Effects from http://www.erowid.org/chemicals/mdma/mdma_effects.shtml

POSITIVE
extreme mood lift
increased willingness to communicate
increase in energy (stimulation)
/* ego softening */
feelings of comfort, belonging, and closeness to others
feelings of love and empathy
/* forgiveness */
increased awareness & appreciation of music
increased awareness of senses. (eating, drinking, smell)
profound life-changing spiritual experiences
neurotically based fear dissolution
sensations bright and intense
urge to hug and kiss people
 

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Re: Legal threats from Harald Frank
« Reply #8 on: February 21, 2003, 02:01:34 PM »
To truly show how far out HF is, one need only
at the diversity of the people that are making
one generalized opinion.
Finally unaminity in the Amiga community.

Tom
 

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Re: Legal threats from Harald Frank
« Reply #9 on: February 21, 2003, 06:52:15 PM »
Call his bluff. The most a lawyer could realistically do here is send a cease & desist letter. I'll bet it wouldn't even get that far, because any lawyer (almost anyone except Mr Frank, apparently) would only be able to advise him he hasn't got a legal leg to stand on.
 

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Re: Legal threats from Harald Frank
« Reply #10 on: February 21, 2003, 09:34:44 PM »
It's sad... Amithlon is dead an Umilulator is the last hope if somehow it came come out...and this guy sending hate-mail with idle threats... aye yai yai...
 

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Re: Legal threats from Harald Frank
« Reply #11 on: February 22, 2003, 04:39:06 AM »
whats funny is how utterly distorted his typeing is... I know my grammer isnt so good but I think I get my point accross decently.

He's obviousely either very poorly schooled in the english language or is in need of a doctor possibly.

sad really... maybe even PATHETIC!.
 

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Re: Legal threats from Harald Frank
« Reply #12 on: February 22, 2003, 04:48:22 AM »
I don't know what passes for law in Harold's neck of the woods, but here, he doesn't have a frickin' leg to stand on. While I cetainly can't use the trademarked name "Amithlon", assuming he actually is the legit owner of such a registered trademark, as the name for a competing product. I actually could register it for an entirely non-conflicting product; for example, if I wanted to introduce a dog food or a little blue pill called Amithlon, I'm good to go,

Then there's fair use that extends to the product (or assumed product) name. An editorial comment such as this, for example, is fully covered in the USA under the First Amendment, and all subsequent copyright laws. This is precisely why Microsoft, of late, has done an end run around the consitution by including a clause in their licensing agreement that forbids public discussion, review, etc. of their product. That doesn't make it a trademark infringement, it makes it a license infringement. If I don't license the product, I can talk about it, as long as I'm not libeling them, of course.

Then there's satire. If I decided to make a nasty, saterical web site about Amithlon, little Harold, or H&P, or anything else I like, that is fully protected and fully within my right, as long as the satrical nature of the web site is clear. This is of course why all of those sites mocking Windows, stand, today.

He's blowing hot air, plain and simple. Now, he's also free to do that, just as we are. However, I don't take kindly to assholes like him blowing hot up my ass. You shouldn't either. This guy needs to be shut down. Yet another loser trying to kill of the last few embers of Amiga interest on the planet.

You pal,
-Dave
 

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Re: Legal threats from Harald Frank
« Reply #13 on: February 22, 2003, 04:55:37 AM »
> It sounds like Harald Frank needs to get laid. Anyone want to start up a PayPal fund to pay for a weekend in Amsterdam for Harald to lose his cherry? He could have a smoke while he's there too, might chill him out a bit!!

"kittys and Blunts for Harald Frank"; sell the T-shirt, proceeds benefit Bernie, it would do him some good, but he's gonna have to pay for his own.

Your pal,
-Dave
 

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Re: Legal threats from Harald Frank
« Reply #14 on: February 22, 2003, 10:38:31 AM »
Just a reminder...

It's great to see the fabulous support for Bernie in these postings.   However, it is really important for the future of Umilator that everyone's support is counted.   This is achieved by voting in the Umilator Poll.  

If this is the first you've heard of it, let me know, because it means we aren't spreading the word adequately.

The poll is less objectionable now, and private details are optional.   If you haven't voted, DO IT NOW.

[color=FF3300]Remember:      Insufficient vote numbers = no Umilator[/color][/i][/u]   :-(