[News] Serious allegations about H&P | ANN.lu |
Posted on 08-Nov-2001 14:17 GMT by Christian Kemp | 164 comments View flat View list |
Amigo follows up on serious allegations about H&P and says: "I also just asked Unisys as it says here, and am waiting for a reply. If true, H&P could probably be forced to close."
[ If H&P indeed didn't pay royalties for Unisys' GIF algorithm, they might not be forced to close per se, but if this is indeed true, and Unisys decides to sue, they might have to pay some serious fines. Also note that while this is not in unmoderated, it's highly speculative, unconfirmed and generally should be taken with the usual grain of salt - CK ]
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Serious allegations about H&P : Comment 33 of 164 | ANN.lu |
Posted by Emmanuel Lesueur on 08-Nov-2001 21:37 GMT | In reply to Comment 23 (Ben Hermans/Hyperion): Ben Hermans writes:
> H&P had a valid agreement with Chris Wiles and they acted in good
> faith.
There was good faith at the beginning. As soon as they *know* they
have no rights to distribute AmiTCP and they continue to do it,
there is no longer good faith.
> The fact that the agreement between Chris Wiles was supposedly
> subsequently "terminated" by the authors of AmiTCP does not alter
> that assessment.
Stop being ridiculous please. There is no need to terminate any
agrement to make this transaction invalid.
The AmiTCP copyright holders gave Chris Wiles the right to
distribute AmiTCP with Genesis. This does not give him any right
to transmit this distribution right to anyone. A distribution
right can only be obtained from the copyright holder, it can
not be transmited.
Whether Chris Wiles acted in good faith when he sold Genesis
to H&P, I don't know. Whether H&P thought in good faith to have
bought AmiTCP, probably. But the fact is that they don't have
its rights, that the deal is invalid, and thus that it is
illegal for them to distribute AmiTCP. And still they continue
distributing it knowingly. Whether or not they have been
wronged by Chris Wiles doesn't change the fact that they are
wrong too.
If I sell you the rights to Windows XP, you start selling it all
over the world, and MS tells you to stop, do you think you can
get away by telling you got the rights from me and thus can
go on your sales? Get real.
But you do know all this. You're supposed to be a lawyer, right?
> Secondly, why don't you sue H&P then if you think you are right?
I can't speak for the copyright holders here, but I guess the only
question is: is it worth the trouble? There is no doubt about the
issue if they were to sue. |
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