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AuthorTopic: "without prejudice to any third party rights."  (Read 1403 times)

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Offline persia

"without prejudice to any third party rights."
« on: October 18, 2009, 04:50:25 PM »
What does this mean?

As part of the settlement agreement, the Amiga Parties acknowledge that Hyperion is the sole owner of AmigaOS 4 without prejudice to any third party rights.
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Offline save2600

Re: "without prejudice to any third party rights."
« Reply #1 on: October 18, 2009, 04:54:49 PM »
I take that to mean Amiga Inc., Gateway, DigiPak, Escom or whoever tries to lay claim to misc. OS tidbits, may not sue them later.
« Last Edit: October 18, 2009, 05:11:40 PM by save2600 »
 

Offline Senex

Re: "without prejudice to any third party rights."
« Reply #2 on: October 18, 2009, 05:48:44 PM »
I'd rather think this refers to the 3rd party components of OS4.
 

Offline kvasir

Re: "without prejudice to any third party rights."
« Reply #3 on: October 18, 2009, 06:19:26 PM »
Quote from: Senex;526413
I'd rather think this refers to the 3rd party components of OS4.


That sounds like a more reasonable interpretation, though I'm not sure. Aren't there any lawyers in the forum, or are they so disliked that even the Amiga community shuns them? :D (This coming from a guy who did telemarketing for a year...)
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Offline Zac67

Re: "without prejudice to any third party rights."
« Reply #4 on: October 18, 2009, 06:39:52 PM »
IMHO that means the AmigaOS rights as far as Amiga Inc (the various flavors of) is concerned - without judging on 3rd party rights.
 

Offline meega

:)
 

Offline Trev

Re: "without prejudice to any third party rights."
« Reply #6 on: October 18, 2009, 09:54:52 PM »
British common law notwithstanding, it's also important to keep the jurisdiction in mind.
 

Offline recidivist

Re: "without prejudice to any third party rights."
« Reply #7 on: October 19, 2009, 06:34:32 AM »
In the U.S.,with prejudice means the charge or suit can't be brought again;therefore I think it means that if some third party holds IP rights to say,the icons,then Hyperion might have to either remove,redesign ,or pay again for those code snippets.
 

Offline gertsy

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Re: "without prejudice to any third party rights."
« Reply #8 on: October 19, 2009, 12:51:34 PM »
@Senex.  Agree.
I would assume it means any 3rd party licensed or open components within OS4+ outside of AINC or Hyperion's ownership.
 

Offline Wayne

Re: "without prejudice to any third party rights."
« Reply #9 on: October 19, 2009, 12:57:29 PM »
.. as none of us are lawyers, It's worthless to speculate.

What the whole thing really means, again IMHO -- meaning my best guess -- is that now that their monetary benefactor has passed away, Amiga Inc has no money to defend, or to do anything, so it was ruled in Hyperion's favor.
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Offline ajlwalker

Re: "without prejudice to any third party rights."
« Reply #10 on: October 19, 2009, 03:24:07 PM »
Quote from: persia;526406
What does this mean?

As part of the settlement agreement, the Amiga Parties acknowledge that Hyperion is the sole owner of AmigaOS 4 without prejudice to any third party rights.

I would take this to mean that with regard to Amiga Inc and Hyperion, Hyperion is the sole owner of AmigaOS 4.  However, there may be other components that have a third party interest.  This settlement does not cover these third parties and therefore does not prejudice them.

Note it says "Amiga Parties".  I assume this to be Amiga Inc and Hyperion.

I did study some contract law a long time ago, but my recollection of Jus Quaesitum Tertio is rusty.

In laymans terms I think it means with regard to AmigaOS 4 and onwards Amiga Inc's book is closed.  However, if someone else wants to have a pop, they can.  Yikes!!!  The only people who know though are the lawyers!

Edit:  I've also just had the thought that this could refer to anybody else who could in future claim ownership of OS4.  For example, if Hyperion had borrowed money from the bank and put up OS4 as collateral on the loan, then for the purposes of this settlement Hyperion are the sole owners, however, this would not prejudice the bank later taking ownership through a defaulted loan. Hope that makes sense.
« Last Edit: October 19, 2009, 03:28:08 PM by ajlwalker »
 

Offline Crumb

Re: "without prejudice to any third party rights."
« Reply #11 on: October 19, 2009, 06:23:41 PM »
IIRC ExecSG was property of the Frieden brothers
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Offline weirdami

Re: "without prejudice to any third party rights."
« Reply #12 on: October 19, 2009, 07:07:26 PM »
Quote from: Wayne;526485
... now that their monetary benefactor has passed away...


Who died?
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Offline weirdami

Re: "without prejudice to any third party rights."
« Reply #13 on: October 19, 2009, 07:22:11 PM »
Quote from: save2600;526408
I take that to mean Amiga Inc., Gateway, DigiPak, Escom or whoever tries to lay claim to misc. OS tidbits, may not sue them later.


The whole prejudice thing has something to do with the merits of a thing. Like how a judge can dismiss a case with prejudice and that means that he thinks that the case itself does not merit any further involvement by the court. But, a case dismissed without prejudice means that the judge isn't saying anything one way or the other as far as future court involvement is concerned.

Or, something like that. :-)
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Offline balrogsoft

Re: "without prejudice to any third party rights."
« Reply #14 on: October 19, 2009, 07:46:14 PM »
Quote from: weirdami;526530
Who died?

I think that Wayne refers to Amiga Inc financier, Dr. Pentti Kouri. (http://en.wikipedia.org/wiki/Pentti_Kouri)
« Last Edit: October 19, 2009, 07:49:57 PM by balrogsoft »
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