Hyperion trying to lay claim to the Amiga name?

[MskoDestny]

dammy wrote:

If what they claim is true, I wouldn't call it stealing. It is impressive document and if all goes well for Hyperion, we might even be able to buy OS4 someday.

No chance in Hell will that happen.  Before that impossible solution would occure, the courts throw it back to WA State courts.  WA State would then sell off the IP to pay existing creditors to settle all AI WA's debts.  

The contract grants Hyperion and Eyetech an “exclusive, perpetual, world-wide and royalty free
right and license” to OS4 and the Amig OS trademark in the event of Amiga, Inc. Washington's insolvency. In the recently released court papers, the judge pointed out that the contract does not clearly define insolvency for the purposes of the contract, but assuming that the court decides that Amiga Inc was indeed "insolvent" it would seem that Hyperion would still have a license to develop/modify/sell OS4 even if there was some court decision forcing the sale of Amiga Inc washington's assets. Of course, IANAL so I may be missing something.

I think that is what Hyperion is trying to do, bleed AI as much as possible and force a new contract. It is their ONLY option afterall.

I don't see how it's their only option. If they don't settle out of court, presumably the case will move forward. If Hyperion wins they can continue to sell and develop OS4 under the Amiga OS name. Unless your argument is that Hyperion can't afford to continue the court case, which is possible, but I don't believe there's any public info on Hyperion's financials.

Of course, I'm sure there will be a new round of negotiations towards a settlement in light of this judgement. Whether those negotiations will actually result in a settlement is an open question.

[MskoDestny]

dammy wrote:

The contract grants Hyperion and Eyetech an “exclusive, perpetual, world-wide and royalty free
right and license” to OS4 and the Amig OS trademark in the event of Amiga, Inc. Washington's insolvency.

Problem is, that will not stand in the US Courts.  You can not sheild that type of IP from creditors.  So either it still apart of AI-WA (and the ball will be thrown back into the WA State venue and out of US Court's venue) or it's now AI-DE. Either way, Hyperion has no hope in getting the IP, legally or financially (Pennti would drain Hyperion in the courts with years worth of appeals and such).

Dammy

Except it's not shielded from creditors. The insolvency clause of the contract doesn't grant ownership of the IP to Hyperion and Eyetech just a license to it. And this of course assumes that the buyback clause was actually properly executed in the first place (the judgement notes contradicting claims in this area) in which case Amiga Inc, may not have even owned the OS at the time of it's "insolvency"

Furthermore, even if Amiga Washington is in possession of the relevant IP, someone (presumably a creditor) is going to have to start another lawsuit to get its assets auctioned off properly.

That said, I don't have a whole lot of interest in who wins this case. I've long since lost interest in using Amiga OS or any of its derivatives (though a proper classic amiga port of AROS might pique my interest). In some ways, I kind of hope the case continues as all kinds of interesting drama is popping out of the woodwork as a result.