Welcome, Guest. Please login or register.
Amiga Kit Amiga Store Iridium Banner AMIStore App Store A600 Memory

AuthorTopic: Hyperion vs Cloanto  (Read 13946 times)

0 Members and 1 Guest are viewing this topic.

Offline Kronos

  • Resident blue troll
  • Hero Member
  • *****
  • Join Date: Feb 2002
  • Posts: 4017
  • Total likes: 0
    • http://www.SteamDraw.de
Re: Hyperion vs Cloanto
« Reply #105 on: November 16, 2018, 06:25:32 PM »
Quote
My question is, why are you all so ****** unpleasant to one another?

Pot, kettle, SpaceGrey :P
1. Make an announcment.
2. Wait a while.
3. Check if it can actually be done.
4. Wait for someone else to do it.
5. Start working on it while giving out hillarious progress-reports.
6. Deny that you have ever announced it
7. Blame someone else
 

Offline SpeedGeek

Re: Hyperion vs Cloanto
« Reply #106 on: November 17, 2018, 06:06:25 PM »
Ever heard of something like "salvatory clause"?  ;)

Yes, it's probably more often written as a "Severability" clause. However, there is a notable absence of such clause's in the settlement agreement... And for this particular agreement, if the Court finds there has been a material breach then the agreement terminates as whole (see below). So, voided or terminated have essentially the same results:

Termination. This Agreement and the rights and obligations contained therein, shall enter into force as of the Effective Date and remain in force until such time as a court of competent jurisdiction has issued a final and non-appealable ruling on the existence of a material breach justifying termination of this Agreement. 
« Last Edit: November 17, 2018, 06:08:55 PM by SpeedGeek »
 

Offline madgrizzle

Re: Hyperion vs Cloanto
« Reply #107 on: November 17, 2018, 10:48:23 PM »
I was curious as to what the monetary value of the two companies are? Is the amiga market so big that they can actually afford to pay lawyers?  I have a good sense as to how much lawyers cost, unfortunately.. maybe I just have a poor sense of how many amiga users are actively purchasing products that the companies are making profit off of.
Only Amiga *woo-woo* Makes It Possible
Only Amiga   ... Makes.. It .. Happen!
Amiga 2000, 2MB Chip RAM, OS3.9, GVP Combo 030/22 13 MB, Supra 4MB
Amiga 3000, 16 MB RAM, OS3.9, A3640 v3.2 with 060 Processor, Picasso II, A2065, PCD-50B
Dead VA2000/CX :(
 

Offline NinjaCyborg

Re: Hyperion vs Cloanto
« Reply #108 on: November 18, 2018, 07:36:03 AM »
@madgrizzle It makes little sense for those reasons. Frankly Amiga Inc needs to bugger off. They're nothing but a bunch of conmen.

Offline SpeedGeek

Re: Hyperion vs Cloanto
« Reply #109 on: November 18, 2018, 02:09:59 PM »
@madgrizzle It makes little sense for those reasons. Frankly Amiga Inc needs to bugger off. They're nothing but a bunch of conmen.

If some party filed an unexpected lawsuit against you, in regards to a matter you believed was "Settled" many years ago, I wonder if you would be willing to just "Bugger Off"?

Regarding Conmen... there is no honor among thieves, it takes one to know one, etc.
« Last Edit: November 18, 2018, 02:11:31 PM by SpeedGeek »
 

Offline number6

Re: Hyperion vs Cloanto
« Reply #110 on: November 18, 2018, 02:45:46 PM »
@madgrizzle It makes little sense for those reasons. Frankly Amiga Inc needs to bugger off. They're nothing but a bunch of conmen.

If some party filed an unexpected lawsuit against you, in regards to a matter you believed was "Settled" many years ago, I wonder if you would be willing to just "Bugger Off"?

In that vein of "settled", think of Judge Martinez, whose court spent almost 2 years on this the last time (2007-2009). The result? Start all over with even more parties involved and even more issues to be dealt with...
There is an embarrassment factor for the court.

#6

Offline wawrzon

Re: Hyperion vs Cloanto
« Reply #111 on: November 18, 2018, 02:58:21 PM »
In that vein of "settled", think of Judge Martinez, whose court spent almost 2 years on this the last time (2007-2009). The result? Start all over with even more parties involved and even more issues to be dealt with...

i simply wonder for how long yet the amiga community intends to be just an audience of such a boring soap.

Offline SpeedGeek

Re: Hyperion vs Cloanto
« Reply #112 on: December 28, 2018, 04:07:37 PM »
WOW! The Amiga parties have just filed a motion for preliminary injunction, including a sh*t-load of supporting exhibits (e.g. Declaration of Bill McEwen). I wondered when they would get tired of cat and mouse games with "Cease and Desist"  ;D :

MOTION for Preliminary Injunction , filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation. Noting Date 1/18/2019, (Troy, Gordon)
      Att: 1 Exhibit 1 - Declaration of Michele Console Battilana,
      Att: 2 Exhibit MB-1 - Hyperion 20091017 Announcement,
      Att: 3 Exhibit MB-2 - Boot Screens 3.1 (Original & 2016 Hyperion),
      Att: 4 Exhibit MB-3 - Boot Screen 3.1.4,
      Att: 5 Exhibit MB-4 - Boot Screen 3.1.4 (update),
      Att: 6 Exhibit MB-5 - Hyperion on Facebook,
      Att: 7 Exhibit MB-6 - Amiga OS discs,
      Att: 8 Exhibit MB-7 - Hyperion website statement 2017-12-31,
      Att: 9 Exhibit 2 - Declaration of Bill McEwen,
      Att: 10 Exhibit WM-1 - 2001 OEM License,
      Att: 11 Exhibit WM-2 - 2008-12-19 Hyperion Draft (Redline),
      Att: 12 Exhibit WM-3 - 2008-12-29 Amiga Draft (Redline),
      Att: 13 Exhibit WM-4 - 2009-03-30 Amiga Draft (Redline),
      Att: 14 Exhibit WM-5 - 2009-02-06 Hyperion Draft,
      Att: 15 Exhibit WM-6 - 2009-02-16 (Exhibit 1 List),
      Att: 16 Exhibit WM-7 - AmigaOS 3.1.4 floppy discs,
      Att: 17 Exhibit WM-8 - Boot-UP Screen Amiga OS 3.1.4,
      Att: 18 Proposed Order
   
« Last Edit: December 28, 2018, 05:23:11 PM by SpeedGeek »
 

Offline Senex

Re: Hyperion vs Cloanto
« Reply #113 on: December 28, 2018, 07:41:29 PM »
@SpeedGeek

Thanks for telling us. There is a corresponding news-item at amiga-news.de now - german-only for the time being, but in the text there is a link to our copy of the actual document.
 

Offline PaulT

Re: Hyperion vs Cloanto
« Reply #114 on: January 15, 2019, 08:27:04 AM »
In that vein of "settled", think of Judge Martinez, whose court spent almost 2 years on this the last time (2007-2009). The result? Start all over with even more parties involved and even more issues to be dealt with...

i simply wonder for how long yet the amiga community intends to be just an audience of such a boring soap.
Eh, Big Bill McEwen was early on seemingly earnest enough but as far as I'm concerned, Amiga, Inc. have done little but squat over their IP, grunting and gesturing with a stone knife and occasionally fanning the IP for signs of life, for well over a decade.  They can't even raise a glimmer of respect in a community which was once as active and enthusiastic as they come. :'( I wouldn't believe him if he stated that the Sun was going to rise tomorrow.

At least Hyperion and Cloanto have since had activities that have supported users to some extent, albeit not support enough to generate new users.  Now they're back to tugging on two ends of a string of cold gristle, and A,Inc has decided that if Hyperion has somehow found a beggar's worth of calorie content, then there is enough grease to convince a lawyer or two that there might be fees available.  My guess is that Cloanto and the others have thrown in a ream of paper and a couple hours' of lawyer fees each, to avoid being the target of the next valueless action by A,Inc.

Again, my personal opinion is that Amiga Inc has long ago lost the moral high ground, the market, and the respect of everyone who isn't getting a check from them (and who knows about respect in that situation). There is no forward looking value in their cold hands gripping obsolete code and trademarks to their chests lest anyone actually benefit.  It's the perfect situation for something to be released into the public domain or at minimum an unrestricted GNU-type license.  Even if, and it's not clear to me that it is the case, there was infringement, can Hyperion using an Amiga trademark possibly lower the image of Amiga, Inc.?  Not unless public opinion can go to a value less than zero.  Amiga, Inc. was going to do nothing themselves to generate revenue, or, heaven forbid, value to the community.

If I were to see Bill park his Victory motorcycle near me, I'd consider overcoming my support of a fellow motorcyclist for long enough to let the air out of his tires.  And that's a realization that he's bottomed out; when you're at the bottom of the valley, you should drop your burden and start walking up hill rather than getting out a shovel and digging deeper. 

Offline number6

Re: Hyperion vs Cloanto
« Reply #115 on: February 05, 2019, 01:39:35 PM »

Offline kamelito

Re: Hyperion vs Cloanto
« Reply #116 on: March 02, 2019, 04:00:57 PM »
ROT13 message at Amiga.com

"As long as people kept worrying that the machines were taking over, they wouldn't notice what was really happening."
 

Offline wakido

Re: Hyperion vs Cloanto
« Reply #117 on: March 11, 2019, 05:25:57 AM »
Amiga.com ROT13 message

The snake which cannot cast its skin has to die. As well the minds which are prevented from changing their opinions; they cease to be mind.
 

Offline SpeedGeek

Re: Hyperion vs Cloanto
« Reply #118 on: April 04, 2019, 01:59:23 PM »
** NEWS UPDATE **

It looks like the snake will be permitted to live a little longer:

Wednesday, April 03, 2019 - ORDER denying Plaintiffs'45 Motion for Preliminary Injunction. Signed by Judge Ricardo S. Martinez. (PM)
« Last Edit: April 04, 2019, 02:25:57 PM by SpeedGeek »
 

Offline pixie

Re: Hyperion vs Cloanto
« Reply #119 on: May 02, 2019, 08:02:56 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

This clearly shows that you have little knowledge about the product itself, Cloanto own contributions, and the obvious fact that without the roms you're running illegal software (unless you own an actual amiga)


pixie- writing from a paradise called Portugal