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Author Topic: Amiga Inc sues Hyperion VOF for trademark infringement  (Read 31657 times)

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Offline guru-666

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #89 on: April 30, 2007, 07:40:36 PM »
ohh I dunno they Might be able to sell 1000 units over the next 3-5 years.
 

Offline Madgun68

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #90 on: April 30, 2007, 07:42:19 PM »
Quote

Tripitaka wrote:
I don't give a toss who is right or wrong I just whant a nice new OS4 Amiga.
If AInc. makes it happens and part of that process has to be whipping Hyperion then I guess that's just the way of things.

Not I. Hyperion took a chance on the Amiga community when they took on the AOS4 project. Did Amiga Inc have much to do with it except pay a paltry amount which I doubt makes much of a dent in what it really cost to make.

Matter of fact, doesn't the license to sell hardware with the Amiga name cost more than what they've paid for AOS4?

Hyperion is going to lose big time on this one me thinks.
......
 

Offline dirigent

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #91 on: April 30, 2007, 07:42:58 PM »
Quote
come on thos guys where just waiting for a-inc to fold so they could steal the amiga


possibly...  :crazy:
 

Offline Homer

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #92 on: April 30, 2007, 07:43:29 PM »
After all this time, this is all we have  :cry:  I guess it answers why it has all taken so long...

I suppose it could be true that Amiga want to sell the next gen computers before Hyperion started to do so, but what a way to do it.

Maybe its time to join the crowd and get my popcorn  :popcorn:

 
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Offline krize

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #93 on: April 30, 2007, 07:45:16 PM »
why do you think Amiga Inc. wanted to produce OS4 machines ? They have said many times that AmigaDE was their focus and the future...

Its just lies and more lies.
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Offline dirigent

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #94 on: April 30, 2007, 07:56:28 PM »
@krize

Read Mr Moss's court statement to get a possible interpretation of this.
 

Offline Fats

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #95 on: April 30, 2007, 08:06:25 PM »
Quote

Tigger wrote:
Quote


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


Of course you get a one-sided view with the declaration.
It's not Amiga Inc. Delaware that paid Hyperion. The most important piece is missing from the declaration and that is the 2001 agreement with which all started. I think this agreement was made between Amiga Washington or Itec and Hyperion. Rumors have it that in that contract there was a clause that transferred all rights to Hyperion if Amiga Washington would go bankrupt or would be bought.
So let's at least wait for the Hyperion reply.

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Offline dammy

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #96 on: April 30, 2007, 08:33:12 PM »
Staf, the "Arctic" contract is here and starts at Exhibit G, page 35.  This clearly shows KMOS and Hyperion contract (it also states Laws of California will govern the contract) so however the old contract read, Hyperion went on with a new one, with KMOS.

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Offline CLS2086

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #97 on: April 30, 2007, 09:32:57 PM »
An an other interesting point  :-P
Was is AmigaOne ?
Page 9 : line 25-27....

The MicroA1 and SE/XE are motherboard. They are not the AmigaOne, and any computer built with these motherboards would not be an AmigaOne.
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Offline Acill

Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #98 on: April 30, 2007, 09:50:08 PM »
$25k?!!! Wow and to think I offered $15k not long ago for a port to the Pegasos. In reading the legal docs I see AI paid them the $25k so its clear, they made a stupid deal and now its going back on them.
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Offline Glittering

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #99 on: April 30, 2007, 10:18:42 PM »
This is brilliant news, Hyperion took the piss and now are paying for their stupid ignorant decisions. I am no fan of Amiga Inc but what they are doing is fantastic and i hope they ruin Hyperion.

 

Offline jj

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #100 on: April 30, 2007, 10:23:01 PM »
mmmmmmm, got something against hyperion have we, what have they done to u then, you joined just to troll?
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Offline Matt_H

Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #101 on: April 30, 2007, 10:25:37 PM »
Quote

CLS2086 wrote:
An an other interesting point  :-P
Was is AmigaOne ?
Page 9 : line 25-27....

The MicroA1 and SE/XE are motherboard. They are not the AmigaOne, and any computer built with these motherboards would not be an AmigaOne.

Yeah. That doesn't make much sense at all. The motherboards were sold as AmigaOnes. There was no such thing as a standard AmigaOne computer system while they were on sale. Any dealer will testify to this. Hell, I'll testify to it.

@ all

Read the legal brief that Piru linked before continuing.

The facts as I see them:

-Hyperion screwed up big time by agreeing to do OS4 for a piddly $25000. (More of an opinion, actually)

-They did miss the March 2002 deadline by a longshot.

-There's a lot of muck surrounding the Developer Pre-Release (2004) vs. Final Update (Dec 2006). I read the Final Update as essentially being Update 5 to the Pre-Release, not formal launch of the OS. Amiga thinks otherwise and believes that such an action violated the agreement. There's no other mention of the other Pre-Release updates in the brief, and introducing them would probably help Hyperion's defense.

-The main thing to consider is that nothing is actually on sale and nothing actually has been on sale for years. Yes, Hyperion and ACube are advertising OS4 (possibly in violation of the agreement) for not-previously-agreed-upon platforms, but the fact that I can't right this second go out and buy any of this (thus cutting into Amiga's sales) means, to me, that Amiga's case is weak.

This whole thing is absurd - the financial value of the properties involved is absolutely miniscule in the grand scheme of things. Just pay Hyperion what they're asking and be done with it. Hell, I'd bet the community would pony up the money to do so if it meant getting a voice as an investor and getting the product out the door.
 

Offline a-pex

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #102 on: April 30, 2007, 10:31:52 PM »
And who will buy this new {bleep} ACK hardware? Adam, stop sleeping with AInc., noone will buy an OS without Hyperion support...

This looks like the OS3.9 ROM story, claming on IPs that other made for you (in this case the Amiga Developers & CBM & Haage& Partner (YOU HAVE DONE NOTHING IN YOUR LIVE BILL!!!), now you are trying to get your fingers on AOS4... forgett it! :)

 
 

Offline dammy

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Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #103 on: April 30, 2007, 10:32:16 PM »
Quote
Just pay Hyperion what they're asking and be done with it. Hell, I'd bet the community would pony up the money to do so if it meant getting a voice as an investor and getting the product out the door.


From what I read from the law suit paperwork, they did pay the $25K plus another $8K or so and still have not gotten the source code, which includes the Twin's work.

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Offline Matt_H

Re: Amiga Inc sues Hyperion VOF for trademark infringement
« Reply #104 from previous page: April 30, 2007, 10:35:04 PM »
Quote

dammy wrote:
Quote
Just pay Hyperion what they're asking and be done with it. Hell, I'd bet the community would pony up the money to do so if it meant getting a voice as an investor and getting the product out the door.


From what I read from the law suit paperwork, they did pay the $25K plus another $8K or so and still have not gotten the source code, which includes the Twin's work.

Dammy

Yeah. So just give them more. It's essentially pocket change if similar figures are involved.