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AuthorTopic: Hyperion vs Cloanto  (Read 14639 times)

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Hyperion vs Cloanto
« on: August 13, 2018, 07:41:26 AM »

Anyone heard anything on recent legal moves between these two.

https://twitter.com/amigadocuments

Offline Stevo

Re: Hyperion vs Cloanto
« Reply #1 on: August 28, 2018, 08:42:10 PM »
\\"You proceed from a false assumption. I am a Vulcan, I have no ego to bruise\\"
 

Online number6

 

Offline RobertJDohnert

Re: Hyperion vs Cloanto
« Reply #3 on: August 28, 2018, 09:15:59 PM »
I think Hyperion is winning
 

Offline SpeedGeek

Re: Hyperion vs Cloanto
« Reply #4 on: August 29, 2018, 04:53:29 PM »
I think Hyperion is winning

Why? The trial has not even started yet. Both Cloanto and Amino have demanded a jury trial. AFAIK jury selection has not even begun...   ::)

Offline SpeedGeek

Re: Hyperion vs Cloanto
« Reply #5 on: September 23, 2018, 03:32:10 PM »
UPDATE:

The 5 day trial is scheduled for 12/9/2019 so live long and prosper my curious friends!  ;D

https://www.pacermonitor.com/public/case/23929642/Hyperion_Entertainment_CVBA_et_al_v_Itec,_LLC_et_al
 

Offline Motormouth

Re: Hyperion vs Cloanto
« Reply #6 on: September 26, 2018, 04:19:02 AM »
This is unfortunate :-\

Our community seems always to be splintered.

Offline magnetic

Re: Hyperion vs Cloanto
« Reply #7 on: September 28, 2018, 05:23:46 PM »
The best thing that could ever happen to the Amiga community is for HYPErion to Go Away. That company (not the devs) have done so much harm to the amiga world its not even funny.
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Offline SpeedGeek

Re: Hyperion vs Cloanto
« Reply #8 on: September 29, 2018, 01:19:36 PM »
The best thing that could ever happen to the Amiga community is for HYPErion to Go Away. That company (not the devs) have done so much harm to the amiga world its not even funny.

+1!

 

Offline Rob

Re: Hyperion vs Cloanto
« Reply #9 on: September 30, 2018, 03:53:31 AM »
The best thing that could ever happen to the Amiga community is for HYPErion to Go Away. That company (not the devs) have done so much harm to the amiga world its not even funny.

+1!

It depends on the fall out from such an event. 

Offline Minuous

Re: Hyperion vs Cloanto
« Reply #10 on: September 30, 2018, 03:42:48 PM »
@magnetic:

I don't see how that is the case, one company has written OS4 and improved OS3.1, the other is a parasite company that sells a free emulator.

Hyperion seem to have a stronger legal case which is fortunate because if they lost it would be disastrous for the Amiga community, most likely the end of any further development of AmigaOS.

Offline SpeedGeek

Re: Hyperion vs Cloanto
« Reply #11 on: September 30, 2018, 04:02:22 PM »
@magnetic:

I don't see how that is the case, one company has written OS4 and improved OS3.1, the other is a parasite company that sells a free emulator.

Hyperion seem to have a stronger legal case which is fortunate because if they lost it would be disastrous for the Amiga community, most likely the end of any further development of AmigaOS.

WTF? Stronger legal case? The legal dispute is not about OS4 (or even an improved 3.1). It's about Kickstart 1.3 distribution rights and the specific trademarks which both "Parasites" are entitled to use.   ::)

Now, if both parasites had strictly followed their license agreements then there would be no legal dispute. But what happens when one parasite claims implied rights which infringe on the other parasite's rights?   :P 
« Last Edit: November 12, 2018, 06:07:23 PM by SpeedGeek »
 

Offline Minuous

Re: Hyperion vs Cloanto
« Reply #12 on: September 30, 2018, 04:26:52 PM »
@SpeedGeek:

I know the case is not about OS4. But if Cloanto win all the damages they are seeking it would surely bankrupt Hyperion. And an extra year of uncertainty hanging over the situation doesn't help the Amiga market either.
« Last Edit: September 30, 2018, 04:30:13 PM by Minuous »
 

Offline SpeedGeek

Re: Hyperion vs Cloanto
« Reply #13 on: September 30, 2018, 05:00:51 PM »
@SpeedGeek:

I know the case is not about OS4. But if Cloanto win all the damages they are seeking it would surely bankrupt Hyperion. And an extra year of uncertainty hanging over the situation doesn't help the Amiga market either.

Hyperion has been technically insolvent since the temporary bankruptcy situation in 2015. They probably avoided filing financial reports to the Belgium Central Bank for that specific reason, but have only recently filed them in support of their case: 

http://www.amiga-news.de/en/news/AN-2018-08-00011-EN.html

If Cloanto wins the damages they are claiming they are not likely to collect on them (e.g. you can't get blood from a turnip). IMO Cloanto's best outcome is to drive the last nail in Hyperion's coffin and possibly obtain a Court award for some of Hyperion's IP rights.  :-\   
« Last Edit: October 06, 2018, 05:17:33 PM by SpeedGeek »
 

Offline kolla

Re: Hyperion vs Cloanto
« Reply #14 on: September 30, 2018, 05:03:19 PM »
If Hyperion wins, Cloanto will most lilely throw their hands up and leave the Amiga. Instead Hyperion will get all rights to everything Amiga and take it all with them to the grave. Cloanto at least shown that they can stay in business doing Amiga stuff, Hyperion do exactly nothing to stay alive as a business.
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