Amiga Inc sues Hyperion VOF for trademark infringement

[Agafaster]

well given this speculation (and it is, unless anyone can prove what they are saying) then it sounds like AI want OS4 for free, without having to pay for Hyperions' work.

[benJamin]

 :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:

Clicking that button didn't help, but I didn't want to stop, either.

What is the point of trying to bend over Hyperion when all it will do is severely reduce the number of possible customers for themselves?

I cannot believe this!  And I've stayed pretty neutral on the whole issue until now, but the efforts Hyperion and their subcontractors have gone to, a lot off their own bats, was about to bear fruit and now it's on for young and old and noone is going to get payed.

There is a countersuit in their somewhere, but I suspect it depends where the subcontractor's loyalties lie (whether or not they've been paid off by Amiga or if they will run the gauntlet for Hyperion).

I can only hope Amiga have to pay Hyperion and their sub.s for the work done, and not the other way around as appears to be the attempt here.


jaminI'mSoF***ingAngryI'mNotGoingToSleepTonightJay
"Bankrupt me once, shame on you.
 Bankrupt me forty-two or more times, shame on me."

PS: :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:  :pissed:

[Agafaster]

I always hated that term. people used to fling it around for anyone who didnt (blindly) follow Genesi.

[meega]

humppa wrote:

Can anyone tell me what that buyback-clause was exactly?

LINK

Section 2.07 is interesting...

[Agafaster]

AmiKit wrote:

pixie wrote:

krize wrote:
Who in the right mind believes and supports Amiga Inc. ??

Worst copmpany ever.

Amigans.net it seems, they delete threads after thread when this subject is envoiced

Well, not really:
http://amigans.net/modules/newbb/viewforum.php?forum=24

Damn! you beat me to it ! theyre not gone, just moved on a bit.

[Argus]

jorkany wrote:
The honorable thing for Hyperion to have done would have been to go off and write the OS on their own, call it HypeOS, and bill it as Amiga-like. But no, they had to be Teh TRu3 AmiGa!!!11 Which is even funnier when you consider they had to write all the code from scratch anyway.

I think that is exactly what is happening now, just to ward off the feeble attempt by the 'Inc' to restrain a release of new hardware.  From the standpoint of trademark or copyright/patent infringement for that matter it is important to examine what happened during the last seven years.  As for copyright or patent claims, from what I understand, porting the old Exec to PPC turned out to be unworkable.  From that point forward, 68k Exec compatibility became a matter of emulation and later JIT, like UAE or MorphOS, so the current OS has little or no code compatibility with Inc.'s old IP (assuming they even still can make legal title to it).  

As for trademark, what noone seems to be considering here is whether legally Amiga 'Inc' has maintained their IP (and thus their claim to trademark) or whether through the various re-org's or simple neglect even the name 'Amiga' became abandoned legally.  You don't need to be an Uberlawyer to understand the motivation behind the 'secret request to dealers' for invoices.  This seems quite obviously an effort to document presence in the marketplace during a period when the 'Inc' company was quite dead or abandoned in the legal sense.  Heck, even the seemingly non-sensical re-hiring of the quite obviously 'in over his head' McEwen now may be nothing more than an attempt to demonstrate continuity during the period in question of the 'Inc'.

[hooligan]

Dont know of you but I am very happy about this, and namefollowers should be too. Its great to see that the namefollowers wish came true and Amiga Inc. has started to act like a real company.

[XDelusion]

Someone is desparate for money...


...wonder who that could be?!?!


 This is B.S. Screw Amiga Inc. they have defiled a once noble and honorable name.

[Tripitaka]

..........aaaaarrrrrrggh   :madashell:

......just needed to do that one more time.

[coldfish]

Is this really a surprise?

[koaftder]

I have been waiting for this news to hit slashdot, but then I realized that the world doesn't care.

[c64_d0c]

(wheels in a popcorn vending stand)

"Get your hot: Buttered popcorn... Cheese popcorn... Gourmet popcorn... !!!"

 :popcorn:
________
Lovely Wendie

[Piru]

decmcewenshow_case_doc.pdf

[dammy]

Very nice work, Rich.  :-) So who is the actual owners of Hyperion VOF?

Dammy

[billt]

I dont get it, if Hyperion were in breach of the trademark then wouldnt you need to sue them in their own country or at least in the country where the breach took place?

The contract probably defined which jurisdiction such disputes would take place in.

[Argus]

One thing is for sure reading through this bodge of a motion, McBill is living in a dream world.  I read it through and had to chuckle when I see that they only paid Hyperion $22,250.00 instead of the full $25K (there's a little note from Mr. Kouri saying McEwen told him he paid the other $2,250, but there's no proof...bwah ha ha).  Let that be a lesson to trusting McBill.

And so much for the OS5 crapola; it's pretty obvious there's nothing out there but what the Friedens coded.

Too bad this motion's not going to be heard until 5/25/07. Still plenty of time to butter up your popcorn. :lol: