I think there is room for optimism.
The Date for mediation is set for November 20. Another reality than the pitch black one may be here soon.
Alexc wrote this at AW
Sounds like a step in the right direction to me.
Like I've been saying since the case started, the only reasonable course of action is reaching some settlement and it looks like they're finally willing to do just that
Hopefully AInc will agree to let Hyperion handle all decisions pertaining to the OS design/marketing/hardware as they're in a better position to make the right calls, while in exchange AInc gets a decent per-copy and per-machine royalty for the use of their trademark.
That way everybody wins.
Noelfuller wrote this at AW
Quite! In my view each side wanted it all and thought they could get it all, now they know that that is not so. This is how I summed one set of possibilities, posted elsewhere:
1. The outcome of the two cases is sufficiently in question, and the
expenses sufficiently formidable that both sides may be motivated
to reach the settlement they should have achieved years ago.
2. For Hyperion the issues are unfettered development of OS4 and the
right to place it on whatever hardware they choose.
3. For Amiga Inc the issues are clear title to their Amiga IP and the
right to an income from it.
4. Given the record of Amiga Inc. it is unlikely that Hyperion will
be pleased with any agreement that leaves the management of
critical elements like hardware licensing for OS4.x in their
hands.
5. A successful outcome for all parties might consist of a contract
to replace the 2001 contract in which:
a. Amiga Inc is the acknowledged successor of Amino in the matter of Amiga IP
b. Amiga Inc receives hardware royalties off machines sold to run OS4.x, and royalties off sales of OS4.1+
c. Hyperion has the rights to Amiga OS4.x and the rights to use Amiga name and appropriate trademarks.
d. Hyperion has the right to licence hardware for it's OS subject to royalties as in b. above.
e. Each side makes no claim on the other with respect to legal costs to date.
Effectively this will restore the good faith understanding of the
original agreement and leave each side able to get on with their
business.
On the side is the matter of ownership of OS4.x IP relating to the
case brought against Hyperion in Brussels by Friedans et al for a
declaratory judgement on IP. That is not something the settlement
conference can deal with and any agreement must be independant of
the outcome. Perhaps the judgement in Brussels will be determined
prior to the settlement conference. That the conference will take
place in November has to do with the stated inability of Hyperion
to physically get to Seattle before then.
They may surprise us or sadden us or do much as set out here. If the main issues are agreed small matters will be easily sorted.
