dammy wrote:
The contract grants Hyperion and Eyetech an “exclusive, perpetual, world-wide and royalty free
right and license” to OS4 and the Amig OS trademark in the event of Amiga, Inc. Washington's insolvency.
Problem is, that will not stand in the US Courts. You can not sheild that type of IP from creditors. So either it still apart of AI-WA (and the ball will be thrown back into the WA State venue and out of US Court's venue) or it's now AI-DE. Either way, Hyperion has no hope in getting the IP, legally or financially (Pennti would drain Hyperion in the courts with years worth of appeals and such).
Dammy
Except it's not shielded from creditors. The insolvency clause of the contract doesn't grant ownership of the IP to Hyperion and Eyetech just a license to it. And this of course assumes that the buyback clause was actually properly executed in the first place (the judgement notes contradicting claims in this area) in which case Amiga Inc, may not have even owned the OS at the time of it's "insolvency"
Furthermore, even if Amiga Washington is in possession of the relevant IP, someone (presumably a creditor) is going to have to start another lawsuit to get its assets auctioned off properly.
That said, I don't have a whole lot of interest in who wins this case. I've long since lost interest in using Amiga OS or any of its derivatives (though a proper classic amiga port of AROS might pique my interest). In some ways, I kind of hope the case continues as all kinds of interesting drama is popping out of the woodwork as a result.
