Amiga Inc sues Hyperion VOF for trademark infringement

[SteveSMS]

Jay Miner is rolling around in his grave

[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.

[Piru]

@Fats

I would like to see the original contract. Why isn't it included in the filing, it certainly is related to the case.

The original, signed contract is here:
decmossshow_case_doc.pdf

Exhibit A, page 12 ->

[Piru]

@benJamin

Edit: And no signatures on one of the so-called agreements. How can you submit, as evidence, an unsigned document? Huh? How?!

Signatures are on the page 18 of decmossshow_case_doc.pdf

[Argo]

If it turns out that Hyperion does not own any of the code or a significant part, say the Kernel. How can they turn over the code to Amiga, Inc.?

[Piru]

@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."

[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."

[Piru]

@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).

[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?

[Piru]

@quenthal

My best guess is that the pages starting from 20 are the "Annex II" mentioned (but I could be wrong). These pages list some tasks and people assigned to them.

[bloodline]

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."

Oops! Hyperion made a boo boo.... ;-)

SteveSMS wrote:
Jay Miner is rolling around in his grave

He's be rolling in his grave if he saw what was passed off as the AmigaONE...

[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.

[dammy]

by Argo on 2007/5/1 16:08:24

If it turns out that Hyperion does not own any of the code or a significant part, say the Kernel. How can they turn over the code to Amiga, Inc.?

Hyperion is deep doodoo, there is little doubt about that.  Tigger had an interesting observation on Moo that I'm sure OS4 Devs haven't missed but sure enlightened me of Hyperion's actions.

Dammy

[Piru]

Hyperion's response

[EDIT]
Oops, mixed dates a bit. That indeed IS the 2001 contract.
[/EDIT]

[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?

[benJamin]

Without meaning to sound like a Hyperion apologist, it is very clear that they conduct themselves in a very professional manner with their corporate image.

It appears that Amiga Inc. are intending to look like the poor, hard-done-by, run-into-the-ground IT start-up who have been bludgeoned unfairly by a classier company.  They are trying to look like the underdog who have tried very hard to 'do the right thing'.  The whole website appears to be a well-orchestrated set-up.  Hooray for the Wayback Machine!

Ahem.

Not to mention that both companies expressed financial difficulties during 2001 and Hyperion are well known to have taken on external contracts to supplement income in order to continue working on the OS4 project when Amiga Inc. looked to be going under.  I really hope some communique will be disclosed showing acknowledgement of these instances in Hyperion's case.

Off to read more of Piru's discoveries and awaiting the next batch there is sure to be.  I hope that in Fleecy's statement I see actual bank transfer receipts, unlike the 'directive to pay' notes in Bill's statement, which don't appear to prove anything at all.


jaminJay
"This is becoming as much fun as /.'s coverage of any RIAA lawsuit!"