And your link and quote only goes to show that they own only OS4 code. Trademarks they do not own, period.
Right, They don't. Amiga, Inc. ended the court battle with a settlement worked out and agreed to by Hyperion. Amiga, Inc. recognizes Hyperion as the sole owners of AmigaOS 4 and gave they the sole exclusive right to use AOS 3.1. Plus gave Hyperion sole use of the trademark "AmigaOS" and other associated trademarks, like the boing ball. Problem is, basically those Amiga OS associated trademarks are also Amiga associated trademarks. As are Amiga OS and Amiga, the words.
Licensing the trademark "Amiga" to a third party could be legally seen as diluting the settlement agreement with Hyperion. Not to mention damage to Hyperion's market by causing confusion in the marketplace due to the extreme similarity in the trademarks.
Who should be sued? Why, Amiga, Inc.
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.
Within the framework of the settlement agreement Hyperion is granted an exclusive, perpetual, worldwide right to AmigaOS 3.1 in order to use, develop, modify, commercialize, distribute and market AmigaOS 4.x (and subsequent versions of AmigaOS including without limitation AmigaOS 5) in any form, on any medium and for any current or future hardware platform under the exclusive trademark “AmigaOS” (Amiga operating system) and using other associated trademarks (such as the “BoingBall” logo).
Hyperion will continue development and distribution of AmigaOS 4.x (and beyond) as it has done since November of 2001.
