In reply to Comment 597 (Ben Hermans/Hyperion): BEN HERMANS - FOR THE ATTENTION OF BEN HERMANS
Questioning the much "anticipated" action, I cannot see good grounds on which Amiga can pursuit an action on the merits of Intellectual Property against MorphOS. An API layer is an API layer and the Directive 93/98/EEC clearly waves the general restriction for such purposes. Furthermore, it is a case of SW interoperability, as the point is achieving interoperability with 3rd party applications, not Amiga OS as such. The kickstarts or even ROM/BIOS in general as Samface and Frodon have previously commented, may be a physical chips, i.e. hardware, but the information therein is software. As for dependency, or parasitic competition, latest MorphOS betas are less dependant and to the best of by knowledge they have announced that they will abolish such dependency in future releases. Furthermore, and as a side note, I quite disagree on the lack of right to dump a rom. Essentially, you dump software, not hardware, and although a transfer of medium is present, usually forbidden, it can be attributed to facilitation, provided of course that the original BIOS/ROM/kickstart etc are not simultaneously used but rather detained as backup.
Point is, given that my understanding is that current and future MorphOS is beyond you legal "clutch", how do you plan on “nail” them? Past conduct, through commercial proceedings? Is this why you took so interest in the flyer you mentioned? As for tarnishment, I beg to differ... this is so, both ways of the Atlantic. Though I am sure that you are familiar, for the benefit of less enlighten readers I will put forward as examples US, Sony Corporation of America v. Connectix Corp., 203 F. 3d 596 (9th Cir. 2000) and UK, s.11 of Trade Marks Act 1994
I has been MMMMMAANY year since I last posted into a Bulletin Board, let alone an Amiga one, but this particular affair, brought to my attention for all the wrong reasons (ever tried to find something in Google?), has gained my professional interest. In practical terms, the best OS will win, be through legal or illegal means, I must say thought that after most of the posts I read, it seem like Amiga/Hyperion is loosing the publicity stand. How unfortunate, given the name's history.
I would be more than interest to have your views on the subject.
With regards,
Anthony Wallis
Also, since I take it that most partons here are Europeans, It would perhaps be of general interest to give the link to Directive 93/98/EEC (Software Directive. Available in all EU languages.
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31993L0098&model=guichett |