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Author Topic: Amiga Inc AGA patents?  (Read 12929 times)

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Offline number6

Re: Amiga Inc AGA patents?
« on: April 22, 2014, 02:17:32 PM »
@thread


Some of this has been posted before, but since I see discussion here about everything from trademark to patent to "reality":

You can read fairly up to date info on trademark here:
http://aminet.net/search?query=trademark

As cgutjahr and others mentioned on AW, trademark registration is not a requirement for use.

@freqmax
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Seems like the chain is Commodore -> Escom -> Gateway -> Amino Development.



It's a more extensive chain of names than that actually.

@psxphill

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You'd have to go through the contracts, for example Amino may only have licensed the software and not transferred ownership of the copyright from Gateway.



There is still no evidence to prove that the company now known for the nth time as Amiga Inc. is classified as anything but an exclusive licensee.

Since this is fairly close to the claim of "ownership", people often ask what the difference is in reality.

Nate Downes answered that on this site years ago and others concur. It's about transfer of rights without the owner's approval. I'll let you decide if the theory is valid.

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You could probably instruct a lawyer to contact the relevant parties though.


And that's not a problem. The contacts are known by those who wish/need to make contact. The issue is that you can not accept the words of the attorneys as fact. I'll let you decide if that is due to expressing rights in terms of the interests of their clients or if they really just do not know. In the end, only a test in court determines these rights, or so I am told.

If there is one line from the freeamiga website worth remembering, it is this:

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In a way, the new "Amiga" companies got what they wanted: complete confusion.



More info on the Commodore end of the history:

Nedfield

#6
« Last Edit: April 22, 2014, 02:23:07 PM by number6 »
 

Offline number6

Re: Amiga Inc AGA patents?
« Reply #1 on: April 22, 2014, 05:54:31 PM »
Quote from: psxphill;763077
Yes, a court is the only real test. However that will only happen if someone decides to pursue litigation against you.


And for what I believe is a variety of reasons (not simply loss of rights), I don't see this happening atm.
 

If you have instructed a licensed attorney to draw up a contract with whoever they deem to own the rights, then if they were wrong then you sue the attorney and the person you licensed from. If you show you acted in good faith then the court are less likely to throw the book at you.



Exactly. I've heard this in laymans' terms as "based on an assumption" from which to work. (deem to own the rights).

#6