Amiga Inc sues Hyperion VOF for trademark infringement

[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:

[humppa]

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

The final contract is attached to the court documents on Rich Woods's website (see Pirus link). I haven't found any substantial differences to the "leaked" contract.

[pixie]

They moved front page... hadn't deleted it, but still... almost the same

[meega]

Piru wrote:
decmcewenshow_case_doc.pdf

What are "sound ships"

[spihunter]

LOL!!!! This is so sad that its funny! :crazy:  :roll:

[Argus]

The saddest thing of all is if OS4 only cost $25K I could have paid the Friedens myself.  :-D

[Jose]

@Argo

"Exec compatibility became a matter of emulation.."

That's incorrect, at least that's not what the Friedens claimed. ExecSG (or whatever it's called) is said to be rewriteen from scratch but compatible without an extra layer.
That's what they said anyway.

I've read a little bit (shouldn't but hey..) of it and it seems like there's some false information there, Hyperion is not selling anything and AInc.'s major plan to become at the leading edje ( :lol: ) again was NOT AOS4 it was DE.

[McVenco]

*yawn*

What's on tv tonight? :popcorn:

[meega]

Piru wrote:
decmcewenshow_case_doc.pdf

"33. All post-termination efforts by Hyperion to market any Amiga-related product employing Amiga's intellectual property is harming Amiga in ways that cannot be corrected by an award of money damages for a number of reasons."

So they are not after any cash, then.

[Tigger]

Argus wrote:
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.

Have no clue why you would say that.  This is a slam dunk for AI.  They paid they 25K to Hyperion (plus an additional 15K+), they requested the source code after paying for it.  They have now severed the contract per the contract terms, and Hyperion has done everything that AI has said they did.  Whats Hyperions response going to be.  They got paid, so they cant use that one.  Its not AIs fault that Benji said they'd sell the OS for 25K and signed the contract to that effect.   Hyperion and the Friedens are in big trouble over this and the best they can hope for is just losing the OS.
    -Tig

[Fester]

meega wrote:

Piru wrote:
decmcewenshow_case_doc.pdf

What are "sound ships"

These could be military-grade chips. :-)

25K. What was the real cost of developing OS4?

Did Hyperion expect to recover those costs by marketing OS4?

Did that buy-back clause mean Hyperion could potentially have developed the software at a loss?

I don't understand how you buy back a product for 25K when it took all that time to produce.

Maybe those are stupid questions sorry. I only read the first 16 pages of Piru's pdf link so far.

Fester

[jj]

I must agree, as much as I hate this situation.  From reading the claims from Amiga INC in the document Piru linkedd too, which does seem to have some evidential backing, hyperion would appear to be in deep dog doo.

I do not see what Hyperion can counter with

[Argus]

@tigger

As George Tenet will tell you now, nothing is a 'slam dunk'.  What Amiga, Inc. is really after is preventing Hyperion from releasing OS4 on 'target hardware' i.e. ppc-based pursuant to their valid license under the original agreement (e.g. read their 'first to market' damage charge).  Sure, they can argue whether they successfully exercised a buyback or not, but even this isn't a total breach and the remedy would be specific performance (i.e. giving Amiga, Inc. a 'complete' version of OS4).  We have no idea, because we haven't heard from Hyperion, what exactly they have delivered or when, in their view, it was delivered.  Despite these hysterical accusations from one side, a court could very well decide that there was no breach at all and Hyperion still has a valid exclusive license for target hardware.

[krize]

Oh my god! What the hell is this Amiga Inc. trying to do ? They will now loose almost 90% (or more) of their loyal (shrinking) fan base. I think this is the most work Bill and Co. have done in years, only to hurt themselves ..

And who will develop Os4 from now ? Haha, dig your own grave Amiga Inc.

And I agree, if I knew AOS was sold for only $25k i could get the money myslef to them, so lame!!

[ne_one]

Tigger wrote:

Have no clue why you would say that.  This is a slam dunk for AI.  They paid they 25K to Hyperion (plus an additional 15K+), they requested the source code after paying for it...

This may not be detailed in the motion but is there any documentation indicated whether the source code was relinquished? Even with it though, I can't imagine it being of any value unless the lead developers were on board.

As for the comments about the pricing for the contract you certainly can't point the finger at AI. Clearly someone estimated that this job would take a few months. The fact that work continued and motion to terminate took so long is odd though.

[Ral-Clan]

krize wrote:
Oh my god! What the hell is this Amiga Inc. trying to do ? They will now loose almost 90% (or more) of their loyal (shrinking) fan base. I think this is the most work Bill and Co. have done in years, only to hurt themselves ..

And who will develop Os4 from now ? Haha, dig your own grave Amiga Inc.

I am thinking the same thing.  How in the world can this last greedy grabfest do anything but kill whatever remains of good-will, enthusiasm and hope among the remaining Amiga user & developer base.  Seems like such destructive behaviour.