The legal future of "Amiga"

[orb85750]

persia wrote:
Yes, it's a hobbyist OS which is why Hyperion need to win.  Hyperion folks are hobbyists, they know they aren't going to get rich but they have some fun and earn enough to survive.  The whole market is a few thousand.  Amiga Inc can't relate to this.

I disagree.  I highly doubt that Hyperion or anyone else would take on the monumental task of developing a new operating system (and being under contract to Amiga Inc) if they thought there would be recognition by only a few thousand individuals.

[Dandy]

Tension wrote:

...
Give it a few more years til the original Amiga hardware starts to die in big numbers, then we`ll all end up using Macs.
...

Hmmmmmm - I have one of those - still in working condition - year of manufacture 1936...

If original Amiga Hardware lasts similarly long, it might still take a while until it dies in numbers...
 :-D

[paolone]

Bash shell, fully Unix compatibility, a simple interface for complex inter-process communication, a well designed GUI, great image and video software. The Mac is the 21st Century equivalent of the Amiga...

Let me translate for the masses: "A nice logo on the machine, good design choices and a strong parent company that produces a system we can all become fanboys of. The Mac is the 21st Century equivalent of the Amiga..."

[Fingers]

Tron2k2 wrote:
What's the disclaimer in the Indivision manual?

I don't currently own a 1200 or I'd buy one in an instant.

From the back page:

"Names & other trademarks referred to within this manual are property of their respective trademark holders. Whoever that is. If you know who holds the rights to the name Amiga, feel free to contact us. Just for completeness: We're not affiliated with any of the mentioned trademark holders."

PZ.

[Amithony]

I think Jan 5 we get more info if im not mistaken.

[dammy]

by orb85750 on 2008/12/1 21:25:32

Well, I realize that it may be looked down upon by some to care about the lawsuit, but I for one do care about the Hyperion/Amiga Inc battle because it may very well determine the future of Amiga. Particularly, if Hyperion wins the suit, the question is whether they could legally contract out a hardware builder to put the term "AmigaOS" on the hardware itself. If so, Hyperion would effectively become the new Amiga computer company. Amiga Inc doesn't seem to be serious about releasing actual Amiga computers anyway.

I really don't see Hyperion winning much in this case.  At best, they keep their own code and call it HyperOS or whatever and move on.  They do not own the name "Amiga" and assorted copyrights and trademarks related to "Amiga" and no judge is going to award it to them either.  It's been estimated Hyperion (Evert) is about $2M in the hole in what is owed on OS4 to developers, I don't Evert making enough on sales to catch up to that $2M for a very long time if ever.

What I'm betting, Evert is attempting to get paid off by Amiga Inc so he can pay off his devs and then he'll move on.  With this downward spiral of the global economy, I don't think AI will pay what Evert wants and is willing to sit and wait for the trial.  If AI loses, they will appeal it and then your talking years and years as it goes through the appeals courts.

Dammy

[klx300r]

Tension wrote:
...Give it a few more years til the original Amiga hardware starts to die in big numbers, then we`ll all end up using Macs.

Shame.

NEVER :madashell: never have & never will own or use Apple products..PERIOD :pint:  :devildance:

[jorkany]

At this point the whole lawsuit seems silly. Its just about money owed between the two parties.

It's about trademark infringement. This suit is even classified as a Trademark suit on Justia. Go look at the very first paragaph of the very first document:
LINK

This whole suit could have been avoided if Hyperion hadn't been so anxious to use the Amiga name.

Amiga Inc dont give a damn about OS4. Their just pissed about their contract from years ago when this tech still had a small chance.

Spot on!

[Tension]

klx300r wrote:

Tension wrote:
...Give it a few more years til the original Amiga hardware starts to die in big numbers, then we`ll all end up using Macs.

Shame.

NEVER :madashell: never have & never will own or use Apple products..PERIOD :pint:  :devildance:

That`s a childish attitude.  If the Mac is better at doing something, you should use it.  Blind brand loyalty is stupid, imagine how many idiots there are out there who`ll say "I will never use an Amiga product" even if they are better.

I use the Amiga because XP SUCKS THE BEEF in most ways.  In the future, when people like me are completely priced out of the market (like I pretty much am now), I could see myself getting a G4/G5 Mac.  I dont WANT to, but I might HAVE to.  I`m not cutting my nose off to spite my face - Why shouldn`t I use the better product?  At least Macs are available in Northern Ireland.

And 10 points for the person who remembers who said this quote:

"There`s nothing nasty about Bill Gates, and nothing nice about Steve Jobs"

(Rant over)

[Sig999]

I'm with you on that score... The man who only has a hammer, see's the world as a nail.

The Amiga was the last computer I got 'passionate' about - that I couldn't wait to get home at the end of the day to turn on and start messing on some new project or another...

But ever since 1997 the ability to do my work effectively had me slowly migrate to the PC...

A change of careers and a decade later I found myself in the same boat.. at work migrating from an Avid PC based system to an Apple Final Cut system..

And I gotta say - with each migration I've been happier and more productive..

If in the future some unnamed system takes over the top spot for video editing and compositing... I'll migrate to it without the blink of an eye!


Of course I have replaced my old Amiga system from days gone by - and currently tinker with an emulated system (because lets face it - its too damn expensive get all the whizbangs on a REAL system)... so my passion remains in the same place... I just don't fool myself that it's anything more than a fun bit of retro kit to play with.

[orb85750]

dammy wrote:

I really don't see Hyperion winning much in this case.  At best, they keep their own code and call it HyperOS or whatever and move on.  They do not own the name "Amiga" and assorted copyrights and trademarks related to "Amiga" and no judge is going to award it to them either.  It's been estimated Hyperion (Evert) is about $2M in the hole in what is owed on OS4 to developers, I don't Evert making enough on sales to catch up to that $2M for a very long time if ever.

What I'm betting, Evert is attempting to get paid off by Amiga Inc so he can pay off his devs and then he'll move on.  With this downward spiral of the global economy, I don't think AI will pay what Evert wants and is willing to sit and wait for the trial.  If AI loses, they will appeal it and then your talking years and years as it goes through the appeals courts.

Dammy

If Hyperion's use of the term "Amiga" were so obviously illegal, then the court would have issued an injunction against the current sale of AmigaOS4 a long time ago, right?

[AeroMan]

That`s a childish attitude.  If the Mac is better at doing something, you should use it.  Blind brand loyalty is stupid, imagine how many idiots there are out there who`ll say "I will never use an Amiga product" even if they are better.

I use the Amiga because XP SUCKS THE BEEF in most ways.  In the future, when people like me are completely priced out of the market (like I pretty much am now), I could see myself getting a G4/G5 Mac.  I dont WANT to, but I might HAVE to.  I`m not cutting my nose off to spite my face - Why shouldn`t I use the better product?  At least Macs are available in Northern Ireland.

And 10 points for the person who remembers who said this quote:

"There`s nothing nasty about Bill Gates, and nothing nice about Steve Jobs"

(Rant over)

Chuck Peddle...  :-)

Anyway, I will never use Apple products too. Not because I don´t like Apple, ou wouldn´t like to have one, but because they are freaking expensive!!!
An Mac here is about twice the price of an equivalent PC. I think this is too expensive, would rather spend that money in something else

[Trev]

There was a brief period a year or so ago when MacBook Pros were priced competitively against similarly equipped laptops from Dell, HP, etc. Apple's prices never really drop, regardless of advances in manufacturing. Still, their designs are tight.

[dammy]

by orb85750 on 2008/12/2 17:23:00

If Hyperion's use of the term "Amiga" were so obviously illegal, then the court would have issued an injunction against the current sale of AmigaOS4 a long time ago, right?

No, AI failed to show catastrophic harm being done if Acube is selling OS4 for their SAM440.  Judge stated that things can be repaired by damages being awarded.  See the Judge's ruling.


Dammy

[persia]

You've also got the insolvency clause.  If Amiga Inc (Amino) truly was insolvent before the transfer of assets to Amiga Inc (KMOS), then Hyperion win.  That's one of the complicating matters of the whole situation, the company that is suing Hyperion IS NOT the company that Hyperion had the contract with.

Die Hyperion really pay out US$2 Million to programmers?  There's no way they'll ever recoup that money.  That's just crazy.  Neither Hyperion nor Amiga Inc have any possibility of getting that much money from Amiga development.

[orb85750]

dammy wrote:
by orb85750 on 2008/12/2 17:23:00

If Hyperion's use of the term "Amiga" were so obviously illegal, then the court would have issued an injunction against the current sale of AmigaOS4 a long time ago, right?

No, AI failed to show catastrophic harm being done if Acube is selling OS4 for their SAM440.  Judge stated that things can be repaired by damages being awarded.  See the Judge's ruling.


Dammy

Please reread the document.  If Amiga Inc. becomes insolvent (and that seems to be the main bone of contention), then Hyperion is entitled to market OS4 under the AmigaOS trademark, which is exactly what they're doing now.