Amiga Inc sues Hyperion VOF for trademark infringement

[quenthal]

SteveSMS wrote:
Jay Miner is rolling around in his grave

Probably not, he did see Amiga's rise and fall. What's been past 12-13 years is only echo from few glorious years. However I'd been happy to try OS4 on my Amiga 4000, but that day probably won't come.

[quenthal]

Piru wrote:
@Argo

Good question. Then again the contract has a clause 7.12 which states that "Neither party shall assign or subcontract the whole or any part of this Agreement without the other party's prior written consent."

Yet in 2.01 of the contract is stated that "Amiga acknowledges and accepts that Hyperion will bring in third part contractors to fullfill its contractual obligations." and in 2.06 "Amiga hereby acknowledges and accepts that some third parties may only grant an Object Code license or may otherwise restrict the rights granted to Hyperion."

[quenthal]

Piru wrote:
@quenthal

True, but IMHO still bringing in such third parties would require written consent, in accordance with clause 7.12. At this point the actual license would be agreed upon, and any non-favorable agreement could be avoided (say for example I'm quite sure that Amiga Inc would object to such an agreement that the core component 'exec' would suddenly be object code only).

lol, that's true.. is that annex II (pointed in 2.01) of this contract available somewhere, maybe there these 3rd party contractors are discussed more throughly?

[quenthal]

@Piru:

Could be, if they (annex I and II) can point to same document as it seems that document "OS 4 Schedule and Feature List" is alone there.

[quenthal]

Piru wrote:
Hyperion's response

Intresting. So the 25k$ should not affect 4.0 at all. And as they probably knew Hyperion was about to release OS4 for the christmas, they were in hurry to end the license before that.?

Then there is this:

Hyperion Entertainment has, in the form of Amiga OS 4.0, delivered a product ...a fact which was previously acknowledged contractually and publicly by Amiga Inc.

Is this publically available somewhere?