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Author Topic: AINC VS HYPERION - Hyperion Lost?  (Read 6280 times)

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Offline EverblueTopic starter

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AINC VS HYPERION - Hyperion Lost?
« on: August 05, 2008, 09:31:43 PM »
Ok, I am no lawyer, but I am reading the final dispostion on this litigation here:

http://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2007cv00631/143245/116/

From what I understand Hyperion have to either return the 'copyrighted material' (OS4?) to Amiga Inc. or destroy it.

Hopefully someone more knowledgeable than me on the matter can shed some light.
 

Offline Hans_

Re: AINC VS HYPERION - Hyperion Lost?
« Reply #1 on: August 05, 2008, 09:41:35 PM »
I'm not a lawyer either, but that document is basically a confidentiality agreement, as requested by both Amiga Inc. and Hyperion. If you scroll down to the last few pages, you'll see that lawyers from both sides signed it.

No-one has won anything. We can just expect that we'll be seeing fewer of the lawsuit details published on-line from now on.

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Offline EverblueTopic starter

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #2 on: August 05, 2008, 09:45:01 PM »
Oh hmmmm - so how will we know how it will hit us, as Amiga fans? Should we expect some sort of announcement by either parties?
 

Offline ZeBeeDee

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #3 on: August 05, 2008, 09:53:44 PM »
Quote

Everblue wrote:
From what I understand Hyperion have to either return the 'copyrighted material' (OS4?) to Amiga Inc. or destroy it.


It clearly states that the case is now in the 'disclosure and discovery phase' and no public announcements of such will be forthcoming.

Any material submitted during this phase is basically off-limits to the public and either party is not allowed to disclose anything concerning it.

I much prefer reading the actual time-line of events ... reads like a who's who in Amiga Inc  :lol:  :lol:

http://news.justia.com/cases/featured/washington/wawdce/2:2007cv00631/143245/
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Offline dammy

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #4 on: August 05, 2008, 10:08:00 PM »
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We can just expect that we'll be seeing fewer of the lawsuit details published on-line from now on.


Which means both sides are serious about getting this settled.  I doubt we are going to get much of anything beyond this, except what appears or disappears on AI or Hyperion's web sites.  I smell money exchanging hands.

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Offline EverblueTopic starter

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #5 on: August 05, 2008, 10:08:59 PM »
Ok so I guess, that something positive for us is coming out of this.

And we know who published OS4 for Hyperion.... and that the same company have a motherboard that is perfectly capable of running OS4  :-D  :-o
 

Offline Hans_

Re: AINC VS HYPERION - Hyperion Lost?
« Reply #6 on: August 05, 2008, 10:17:39 PM »
I agree with Dammy that this suggests that they are serious about a settlement. They also asked for a specific judge to act as a mediator in such talks. However, it is just talk, and any negotiations take time. As nice as it would be, I wouldn't expect OS 4.1 to be available for the SAM 440 motherboard when Amiga OS 4.1 is released a few weeks from now.

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Offline EverblueTopic starter

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #7 on: August 05, 2008, 10:22:37 PM »
Well I guess you are right, but at least there is some hope.

Hope is last to die  :-D
 

Offline weirdami

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #8 on: August 05, 2008, 10:26:06 PM »
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From what I understand Hyperion have to either return the 'copyrighted material' (OS4?) to Amiga Inc. or destroy it.


Would AI care either way, though, given that AOS 5 isn't based on AOS4 anyway?
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Offline dammy

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #9 on: August 05, 2008, 10:59:47 PM »
Quote
Would AI care either way, though, given that AOS 5 isn't based on AOS4 anyway?


Trademark and copyrights is what it's all about.  AI wants complete control over it's IP.  It's not about gaining control over a OS that will sell a few hundred more mobos, it's about the IP.  Atleast that is what I've gathered over the years.  I suppose in a few months we shall find out if I was right or not.  The first sign which way this is going to go is if 4.1 release is delayed or not.  If it is, ball is in play.

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Offline amigadave

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #10 on: August 05, 2008, 11:25:26 PM »
Quote

Hans_ wrote:
I agree with Dammy that this suggests that they are serious about a settlement. They also asked for a specific judge to act as a mediator in such talks. However, it is just talk, and any negotiations take time. As nice as it would be, I wouldn't expect OS 4.1 to be available for the SAM 440 motherboard when Amiga OS 4.1 is released a few weeks from now.

Hans


I would not assume anything of the sort yet.  Disclosure had to happen sooner or later in the case, so that each side could see the evidence against them from the other party.  That is American Law for most, if not all cases if you watch any of the Law related American TV shows.

I would say that this is just a normal phase to the case to show that it is going forward to the next phase.  Progress in the case may still be released, but none of the sensitive details, or information about OS4, or also any information that the parties can prove would be detrimental to their business might be covered under this document to protect information shared between the two opposing parties.  The document clearly states that the information requested to be covered by this document must meet the criteria set forth within it to be protected.

In other words, either parties cannot just request that everything from this point forward be covered by a blanket non-disclosure agreement.

Still, this will severely limit the amount of information coming out of the case(s) from this point forward.

That is my take on it, but I am not a lawyer either.

Edit:  Although I read through most all of the document, after a while it gets pretty boring and I skimmed through some of it at the end.  I did NOT see the part about asking for a specific Judge to act as the mediator.  If that is the case, ignore what I have written above.
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Offline Methuselas

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #11 on: August 05, 2008, 11:45:37 PM »
Quote

Everblue wrote:
Well I guess you are right, but at least there is some hope.

Hope is last to die  :-D




Hope is the first step on the road to disappointment.  :roll:


We have a better chance of contracting syphilis than we do of getting anything of benefit from Amiga, Inc. :lol:
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Offline Methuselas

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #12 on: August 06, 2008, 12:02:17 AM »
DOUBLE POST
\'Using no way as way. Having no limitation as limitation.\' - Bruce Lee

\'No, sorry. I don\'t get my tits out. They\'re not actually real, you know? Just two halves of a grapefruit...\' - Miki Berenyi

\'Evil will always triumph because good is dumb.\' - Dark Helmet :roflmao:

\'And for future reference, it might be polite to ask someone if you can  quote them in your signature, rather than just citing them to make a  sales pitch.\' - Karlos. :rtf
 

Offline Ilwrath

Re: AINC VS HYPERION - Hyperion Lost?
« Reply #13 on: August 06, 2008, 12:51:16 AM »
@Methuselas -
Quote
Even if we are abstinent, We have a better chance of contracting syphilis than we do of getting anything of benefit from Amiga, Inc.  :lol:


There.  fixed that for you.  :lol:
HTH
 

Offline Methuselas

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Re: AINC VS HYPERION - Hyperion Lost?
« Reply #14 on: August 06, 2008, 05:14:20 AM »
Quote

Ilwrath wrote:
@Methuselas -
Quote
Even if we are abstinent, We have a better chance of contracting syphilis than we do of getting anything of benefit from Amiga, Inc.  :lol:


There.  fixed that for you.  :lol:
HTH



*snort*
\'Using no way as way. Having no limitation as limitation.\' - Bruce Lee

\'No, sorry. I don\'t get my tits out. They\'re not actually real, you know? Just two halves of a grapefruit...\' - Miki Berenyi

\'Evil will always triumph because good is dumb.\' - Dark Helmet :roflmao:

\'And for future reference, it might be polite to ask someone if you can  quote them in your signature, rather than just citing them to make a  sales pitch.\' - Karlos. :rtf