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Author Topic: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...  (Read 97269 times)

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Offline FrankoTopic starter

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #134 on: May 16, 2011, 06:59:18 PM »
This thread turned out to be a waste of time... :)
« Last Edit: May 20, 2011, 04:48:26 AM by Franko »
 

Offline commodorejohn

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #135 on: May 16, 2011, 07:08:45 PM »
Gee, it's almost like they don't actually have legal grounds for complaint...
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Offline Belial6

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #136 on: May 16, 2011, 07:33:15 PM »
I may not see eye to eye with Franko on a lot of things, but, this is a good thing he is doing.  I don't think the situation is nearly as muddy as it is made out to be.  Just like many complex problems,  breaking it down into simple components makes it simple.

We know who originally owned the Kickstarts.  We know who claims to own them now.  So, start with the current claimants, and work your way back.  The problem is that no one wants to take the risk involved in that endevore.

If Franko is willing to be the champion for the job, then good for all of us.  I suspect that we will find that either a liquidated company dissolved without transferring the rights, or it is actually owned by someone that just doesn't care.

Who, knows.  If Franko can track down the actual owners, it might have a little enough value that it could be bought out by the community.  I do wonder what happens if it is determined that it was never transferred away from a company that has been dissolved.
 

Offline TheBilgeRat

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #137 on: May 16, 2011, 08:25:07 PM »
The interesting Saga continues :D
 

Offline runequester

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #138 on: May 16, 2011, 08:28:58 PM »
Quote from: Belial6;638190
I may not see eye to eye with Franko on a lot of things, but, this is a good thing he is doing.

We haven't agreed in the past but on this topic, we are in complete agreement :)
 

Offline Digiman

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #139 on: May 16, 2011, 09:35:59 PM »
Quote from: Franko;638183
Since I told my site hosts (NamesCo) to provide me with details of who complained and why, which turned out to be Cloanto on the grounds of copyright infringement and I then asked their legal dept to demand Cloanto provide proof of an legal claim they may have, there hasn't been a dicky bird out of Cloanto... :)

Cloanto have failed to back up their complaint or provide NamesCo with any legal documentation that would validate their complaint so the Workbench Disk Sets will remain free to download on my site until the actual copyright owners complain and can back up their complaint... :)

If whomever does own the copyrights complains and an agreement cannot be reached for a distribution licence then I have made up my mind that I will challenge any future complaints with legal action... :)

Time this farce was put to rest once and for all I reckon... :)

They're not the copyright holders! Only Gateway, Amiga Inc or Hyperion could possibly challenge you.

Cloanto have as much shit coming out of their mouth as out of their crap overpriced DVDs
 

Offline FrankoTopic starter

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #140 on: May 17, 2011, 04:22:55 AM »
This thread turned out to be a waste of time... :)
« Last Edit: May 20, 2011, 04:49:56 AM by Franko »
 

Offline AmigaHeretic

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #141 on: May 17, 2011, 06:05:40 AM »
http://sites.google.com/site/freeamiga/

Quote

1997-1998: Patents and Trademarks, But No Copyrights?

On April 20, 1995, after a number of iterations, and bidding in agreement and with the backing of some Asian companies, ESCOM AG acquired certain assets from the liquidation of the Commodore-Amiga companies. These same Asian companies in return received from ESCOM certain rights (including that to publish the Amiga operating system) over certain Asian territories [7].

In 1997, intersecting Gateway's acquisition of certain Amiga-related assets from ESCOM, a German appeals court (Oberlandesgericht Celle, judgment 13 U 97/97), after a review that included the contracts between the "Commodore-Amiga Group" and ESCOM AG, and while recognizing that for example patents were transferred between Commodore-Amiga and ESCOM, also concluded [72][73][14] that there was no indication that any copyrights for the Amiga operating system itself had been transferred to ESCOM.


In 1998, possibly in an attempt to "repair" the situation that had been exposed by the 1997 Celle judgment, ESCOM's trustee Mr. Bernhard Hembach signed three "$1" contracts [205][206][207] that first assigned the copyrights of the late Commodore Business Machines, Inc. (Delaware) and Commodore-Amiga, Inc. (California) to ESCOM, and then transferred the same again to Gateway's Amiga company. On November 3, 1998, the three contracts were signed by Mr. Bernhard Hembach on behalf of all parties, after which they were filed at the US Copyright Office [203].

According to these documents, with three signatures by one and the same person (a recurring pattern in "Amiga" matters), and for the total amount of three US dollars, the copyrights over the Amiga OS (and some other publications) changed hands twice on the same day.

The German notary public who notarized the procedure also noted in the documents that he recognized the authority of Mr. Bernhard Hembach to enter into the Copyright assignment agreements on behalf of the (defunct) two Commodore companies on the basis of the 1995 "Trademark Assignment" agreement [199] between the Commodore companies and ESCOM. This would seem to reinforce the Celle judgment, as it confirms that in spite of another year having passed by, both ESCOM and Gateway still had nothing more in their hands than references to patents and trademarks (but not to copyrights).

The statement by the notary public exposed a potentially troubling detail: how could a trademark assignment contract be used to assign the copyrights?

Did the German notary public understand the difference between a trademark and a copyright?

Did the US Copyright Office understand what the German notary public had written?

Did the US law firm who made new assignment filings in 2007 [203] understand the German documents it was relying on?

Would a transfer out of two already-defunct companies [204][208] have been permissible in the first place?

One of the contracts [206] even referenced and incorrect company, mentioning a Delaware entity instead of the California [204] copyright owner.
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Offline Bamiga2002

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #142 on: May 17, 2011, 06:36:06 AM »
Quote from: Franko;638282
So although there is still time yet, it's looking like anyone who want's too, can put Workbench 1.3 to 3.1 up on their sites for download as whomever does own the copyright doesn't seem to care about it anymore... :)
Why isn't WB 1.3 on your site yet Franko?
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Offline FrankoTopic starter

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #143 on: May 17, 2011, 06:46:53 AM »
This thread turned out to be a waste of time... :)
« Last Edit: May 20, 2011, 04:51:15 AM by Franko »
 

Offline LordSpunky

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #144 on: May 17, 2011, 12:24:22 PM »
Quote from: Franko;638291
Simple my 1.3 disk are knackered... :)

I have asked if anyone still has the original 1.3 disks that I could use but so far everyone who's sent me ADFs have sent the ones from Cloantos Amiga Forever (which I already own) and I wouldn't want to upset Cloanto by putting their disks on my site.. :)


How do you make ADF? I'll give it a go
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Offline Amiga_Nut

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #145 on: May 17, 2011, 12:33:55 PM »
How do I check if mine are from Cloanto?
 

Offline FrankoTopic starter

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #146 on: May 17, 2011, 12:57:57 PM »
This thread turned out to be a waste of time... :)
« Last Edit: May 20, 2011, 04:52:04 AM by Franko »
 

Offline FrankoTopic starter

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #147 on: May 17, 2011, 04:15:00 PM »
This thread turned out to be a waste of time... :)
« Last Edit: May 20, 2011, 04:52:55 AM by Franko »
 

Offline Rodomoc

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #148 on: May 17, 2011, 04:40:11 PM »
Wow Franko, I think you may be getting somewhere in unravelling things. I do hope that no trouble arises in any of this. Namesco? As in internet domain name hosting? , or is it something else?
 

Offline FrankoTopic starter

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Re: Workbench Disk Sets... What Would Be The Best Way To Obtain Them...
« Reply #149 from previous page: May 17, 2011, 04:52:48 PM »
This thread turned out to be a waste of time... :)
« Last Edit: May 20, 2011, 04:53:37 AM by Franko »