Hyperion back in court with Amiga Inc.?

[takemehomegrandma]

@jorkany

From your link I saw that MikeyC is at it again, feeding lies to his flock:

"Hyperion Entertainment are the legal owners to the AmigaOS. (Hopefully one day the Amiga name too - not saying they aren't already, but its all in the US courts again)

Therefore as the legitamate owners of AmigaOS - Hyperion can port it to what ever they want. Its their OS."

Oh my. Well here we go again:

http://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2007cv00631/143245/148/1.html

Definitions:
n. "Software" means Amiga OS 3.1, which is the Operating System (including
without limitation its Software Architecture as described in the Documentation)
originally developed, owned and marketed by Commodore Business Machines
(CBM) for their Amiga line of computers in 1994.

d. "AmigaOS 4" means the Operating System developed by Hyperion and based in
part on the Software, including without limitation the Software Architecture of the
Software as described in the Documentation, in any version (irrespective of
version numbering, e.g. AmigaOS 5).

1. Grant.
(a) Hyperion acknowledges that the Amiga Parties [read: Amiga Inc] are the owners of the Software,
without prejudice to any third parties with rights in said Software. The Amiga
Parties acknowledge that Hyperion is the sole owner of AmigaOS 4 (with the
exception[!!!] of the Software), without prejudice to any third parties with rights in
said software.

So this means in practice that Hyperion has built a house, but they did so partly by using building materials that Amiga Inc *still owns* (as they even acknowledged themselves). So Hyperion "owns" their new OS4 house, but they are not owners of the materials that the house consists of, not all the stuff that actually makes it a house. The walls, floor, ceiling and doors are still owned by Amiga Inc!

So MikeyC, this is a BIG difference from what you tried to picture over at amigans.net! Hyperion may have the right to *distribute* Amiga OS 3.1 (which they do in the "derived work" called OS4 that is said to be based on OS3.1), but they *are not*  "the legitamate owners of AmigaOS" (and given the dirty ways they used to get whatever they might have, I would say they don't even have *moral* rights to it), they even acknowledge this themselves in the very agreement that grants them their rights to use the Amiga IP. Quoted above, a copy&paste directly from the agreement, black on white!

I'm puzzled why this is so hard to understand...

[takemehomegrandma]

Why doesn't Hyperionjust buy a license to the Amiga name from Amiga Inc and stop waiting money on attorneys?

Because they want it for free without paying any money for it? Like they did previously, i.e. signing a contract for 4 months of very limited and carefully outlined consultant work on a new thing called OS4, but ended up spending half a decade more while hoping for their employer to die, refusing to handing over their work to its rightful owner despite having been paid for it, and then managing to force themselves to rights they would never meant to have, just because the rightful owner was too weak to defend itself. They got what they got through a white collar robbery, and what they have done to Amiga is a intellectual rape, they have really ****ed it up, not only the OS itself (through their ignorance and incompetence), but also everything the Amiga once stood for!

Its so funny to look at old Ben Hermans/Hyperion public communications from the past with this in mind! I mean, take these lies, replace "MorphOS" with "OS4" and "the MorphOS Team" with "Hyperion", and they will actually becomes kind of *true*:

"In my opinion a a lawyer, MorphOS violates the intellectual property of Amiga Inc for which they paid 4.5 million dollar."

"The failure of Amiga Inc and the MorphOS team to come to terms is in part due to the fact that Amiga wants to assert their ownership and intellectual property rights over the Amiga OS (for which they paid 4.5 M USD) whilst the MorphOS team happily continues to refute those claims"

Etc, etc...

:rolleyes: