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[News] Hyperion Statement on amigaworld.netANN.lu
Posted on 21-Feb-2004 10:44 GMT by Ben Dover61 comments
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Hyperion and Eyetech hold exclusive rights and will fight: Official Statement on Amigaworld.net
Hyperion Statement on amigaworld.net : Comment 1 of 61ANN.lu
Posted by Anonymous on 21-Feb-2004 10:00 GMT
Way to go!!!
Can't wait for Genesi going over the edge with something like "...runs AmigaOS DE..."
Then the case will take place in europe where Ben can represent Hyperion.
Hyperion Statement on amigaworld.net : Comment 2 of 61ANN.lu
Posted by The_Editor on 21-Feb-2004 10:12 GMT
In reply to Comment 1 (Anonymous):
Thats a good point
.
Hyperion Statement on amigaworld.net : Comment 3 of 61ANN.lu
Posted by 4pLaYeR on 21-Feb-2004 10:15 GMT
In reply to Comment 2 (The_Editor):
Who says they will do that? if i were them id exploit the name Amiga only (if they think its worth anything to them) =) id (ab)use the boingball for what its worth and write "Amiga Compatible" =) but then again thats me...
Hyperion Statement on amigaworld.net : Comment 4 of 61ANN.lu
Posted by Anonymous on 21-Feb-2004 11:00 GMT
LOL!
Just read on Amigaworld that this licence agreement is between Thendic-Germany and AmigaInc. As can be read from the starting of the contract (page 4 of http://merlancia.us/amigabk/decbuck2.pdf).
Genesi is former Thendic-France!
The licence is NON-transferable, So Genesi has NO rights to use the trademark or anything else related.
It seems to be another marketting hype afterall.
Naughty Billy Boy buck........But on the other hand, this is why it's not all over the internet by now. Genesi hasn't won anything.....Thendic-Germany has....
Hyperion Statement on amigaworld.net : Comment 5 of 61ANN.lu
Posted by oGALAXYo on 21-Feb-2004 11:08 GMT
Don't you people ever get tired of all this bullshit ? 'Official Statement by Hyperion' and then such a rude harsh tone in that so called statement itself - even before someting actually has happened. Why don't we all calm down a bit over the weekend and see what will happen first before making weird noise in the public.

At least GENESI didn't killed someone or something, they only claimed their good right what they used to have signed contract for. This was their good right, they went infront of the court, they won.

Let's first see what will happen. Regardless of that for us as customers and consumers nothing much changes, the only noticable change may be that there is indeed something going on which probably (and hopefully) leads us in a better future and better Amiga expirience.

Don't forget ever since the Amiga was born there was always problems between companies and always lawsuits being carried out and no one of us cared because we were just the happy consumer who enjoyed our Amiga presence and life. And we should continue seeing it that way. For my taste there are far to many 'wannabe' experts and lawyers outside here (as we were able to read in the past couple of days on various Amiga locations).

Let's calm down, get a breathe and see forward.
Hyperion Statement on amigaworld.net : Comment 6 of 61ANN.lu
Posted by Anonymous on 21-Feb-2004 11:22 GMT
In reply to Comment 5 (oGALAXYo):
I think you need to calm down yourself and explain what was so rude about the Hyperion statement.
Hyperion Statement on amigaworld.net : Comment 7 of 61ANN.lu
Posted by itix on 21-Feb-2004 11:33 GMT
"Hyperion and Eyetech hold exclusive rights and will fight:" Cool. Can't wait for Hyperion & Eyetech vs Amiga Inc court case.
Hyperion Statement on amigaworld.net : Comment 8 of 61ANN.lu
Posted by Bill Hoggett on 21-Feb-2004 11:36 GMT
I think "exclusive rights to the trademarks" is a highly dubious claim. Certainly if Amiga Inc made a contract with Hyperion & Eyetech for such a thing, while already being bound by a contract allowing others to use the trademark, the Hyperion & Eyetech have a case...

...against Amiga Inc!

As for the source code, it's a different kettle of fish. They have exclusive rights to AmigaOS 3.1 source code, while the decision in the case gives Genesi exclusive rights to "the licensed source code", meaning that of AmigaDE.

Frankly, it would be more interesting to see TAO's reaction rather than the predictable headless-chicken response from the Hyperion crew. Anyone remember their outbursts when Amithlon was announced?
Hyperion Statement on amigaworld.net : Comment 9 of 61ANN.lu
Posted by Anonymous on 21-Feb-2004 11:38 GMT
In reply to Comment 8 (Bill Hoggett):
...and you never forgave them for not backing Amithlon.
Hyperion Statement on amigaworld.net : Comment 10 of 61ANN.lu
Posted by Bill Hoggett on 21-Feb-2004 11:38 GMT
In reply to Comment 4 (Anonymous):
The judge doesn't seem to think so, or there would have been no case to answer in the first place, right?
Hyperion Statement on amigaworld.net : Comment 11 of 61ANN.lu
Posted by Anonymous on 21-Feb-2004 11:58 GMT
Hyperion might have a contract in which they get the exclusive licence however
that doesn't mean that they really have them. It seems that the Genesi
contracts predates the Hyperion/Eyetech contract and is indeed valid (see court
decision). In that case Genesi is a licensee holder prior to anyone else and
therefore Amiga Inc cannot give an exclusive license to Hyperion. If they tried
to do this might be some case of impossibility and Hyperion might persue for
damages against Amiga Inc for breech of contract.
Hyperion Statement on amigaworld.net : Comment 12 of 61ANN.lu
Posted by Bill Hoggett on 21-Feb-2004 12:28 GMT
In reply to Comment 9 (Anonymous):
Not for "not backing Amithlon". For many months of spreading rabid FUD about it, and for the pressure they put on Amiga Inc to not publish it - though it is questionable whether Amiga Inc were capable of publishing it at all.

Not to mention the "AmigaOS4 will be out next spring" hints which led to the "why buy Amithlon when OS4 will make it obsolete soon?" line from a number of people. That was back in 2001, and AmigaOS4 is still to see a release date.

But this isn't really about Amithlon, which is all over now anyway. It's about Hyperion reactions and statements, and how seriously one should take them.

Why Hyperion or Eyetech or whoever gave Mikey_C that statement to put out felt they had to have a reaction is beyond me. The only people thay can take any legal action against are their contractual partners, namely Amiga Inc. They have no connection to Genesi, and no influence over a contract which predates theirs.

It's only about the bloody trademarks and AmigaDE people. LET IT GO.
Hyperion Statement on amigaworld.net : Comment 13 of 61ANN.lu
Posted by koan on 21-Feb-2004 12:33 GMT
In reply to Comment 8 (Bill Hoggett):
> As for the source code, it's a different kettle of fish. They have exclusive
> rights to AmigaOS 3.1 source code,

Isn't at least 75% of that still BCPL/assembler anyway so it's no big deal.
They probably know as much as they need to know already.

> while the decision in the case gives Genesi exclusive rights to "the
> licensed source code", meaning that of AmigaDE.

Yes, so they have the extensions to intent now ? Isn't AmigaDE a dead duck
anyhow ? Would Genesi put any effort into improving upon AmigaDE, probably
not.


IMHO I don't see how any of this recent news makes any difference to the
average Amigan (or Pegasosian), it just keeps the market vibrant and
interesting!

koan
Hyperion Statement on amigaworld.net : Comment 14 of 61ANN.lu
Posted by Polock on 21-Feb-2004 12:49 GMT
Genesi sucks but how can a contract signed with the now bankrupt Thendic allow them to (ab)use AmigaDE related trademarks and source code?

The American legal system sucks too. How can companies without the cash to legaly defend themselves be abused like this?

Looking forward to AmigaOS4. No wannabe is confuse me what an Amiga is. :-)
Hyperion Statement on amigaworld.net : Comment 15 of 61ANN.lu
Posted by Don Cox on 21-Feb-2004 12:58 GMT
In reply to Comment 8 (Bill Hoggett):
"I think "exclusive rights to the trademarks" is a highly dubious claim. Certainly if Amiga Inc made a contract with Hyperion & Eyetech for such a thing, while already being bound by a contract allowing others to use the trademark, the Hyperion & Eyetech have a case..."

There is more than one trademark - the DE and AOS have different versions of the boing ball. Whether any have been registered is another matter.
Hyperion Statement on amigaworld.net : Comment 16 of 61ANN.lu
Posted by Anonymous on 21-Feb-2004 13:14 GMT
In reply to Comment 14 (Polock):
>how can a contract signed with the now bankrupt Thendic allow them to (ab)use
>AmigaDE related trademarks and source code?

"Genesi, a fusion of Thendic-France S.A.R.L. and bPlan GmbH"
Hyperion Statement on amigaworld.net : Comment 17 of 61ANN.lu
Posted by Bill Hoggett on 21-Feb-2004 13:55 GMT
In reply to Comment 15 (Don Cox):
You're right Don. This judgement is about the licensed source code and trademarks involved in the Amiga-Thendic contract. Which leads me back to my original question: why do Hyperion and Eyetech feel the need to make thinly veiled legal threats in their statement. What's it got to do with them anyway?
Hyperion Statement on amigaworld.net : Comment 18 of 61ANN.lu
Posted by Don Cox on 21-Feb-2004 14:11 GMT
In reply to Comment 17 (Bill Hoggett):
"You're right Don. This judgement is about the licensed source code and trademarks involved in the Amiga-Thendic contract. Which leads me back to my original question: why do Hyperion and Eyetech feel the need to make thinly veiled legal threats in their statement. What's it got to do with them anyway?"

Nothing directly, but they may feel that the wording of the statement issued by Genesi is designed to imply that Genesi now have rights to AOS 4 and to all Amiga trademarks.

"The Court's decision grants full relief to Genesi, including source code access to the licensed Amiga operating system and the full use of the Amiga trademarks."

This is surely ambiguous?

That's as far as we can go without seeing the documents, I think. No doubt Rich will oblige, in his usual useful way.
Hyperion Statement on amigaworld.net : Comment 19 of 61ANN.lu
Posted by Bill Hoggett on 21-Feb-2004 15:16 GMT
In reply to Comment 18 (Don Cox):
> Nothing directly, but they may feel that the wording of the statement issued
> by Genesi is designed to imply that Genesi now have rights to AOS 4 and to
> all Amiga trademarks.

:-)

Paranoia? Justifiable paranoia, perhaps, but paranoia none the less.

When the contract was made, AmigaDE WAS AmigaOS according to Amiga Inc's own whizbang technical directorship. So if there's going to be confusion regarding the wording, you can blame the Muddle Crew once once more.

However, in specific terms, the part that says:

"source code access to the licensed Amiga operating system"

...clearly refers to the software covered by the contract, which we now refer to as AmigaDE. It does NOT include "Amiga Classic", or the AmigaOS 3.1 and derivatives like AmigaOS4.

"and the full use of the Amiga trademarks."

This we don't know about. Until we see the actual wording of the contract clause, we won't know if there are any restrictions on which trademarks can be used and which cannot. My guess is that they will refer to the trademark as they stood at the time of the contract, and will not take any account any divisions or changes made by various parties since then.

> This is surely ambiguous?

As is the Hyperion/Eyetech statement, which is the intent of both sides no doubt. Why does this surprise you, considering the fertile ground for misinformation and innuendo created by the Muddle Crew in the years since they acquired the licensing rights?

Frankly, none of them have any credibility left when it comes to statements and declarations. They're all exactly as bad as each other.
Hyperion Statement on amigaworld.net : Comment 20 of 61ANN.lu
Posted by 3seas on 21-Feb-2004 15:45 GMT
all the more reason to dump the endless wait for clarity of things Amiga...

it simple doesn't get any clearer, but only in the sense of being lost.

There are better things to focus on, having far more clarity.

Like AROS.
Hyperion Statement on amigaworld.net : Comment 21 of 61ANN.lu
Posted by hooligan/dcs on 21-Feb-2004 16:01 GMT
In reply to Comment 14 (Polock):
>The American legal system sucks too.

Agreed.

>How can companies without the cash to legaly defend themselves be abused like this?

Because the defendant didn't/hasnt do what was/is inevitable. Own fault.

>Looking forward to AmigaOS4. No wannabe is confuse me what an Amiga is. :-)

Aswell.
Hyperion Statement on amigaworld.net : Comment 22 of 61ANN.lu
Posted by Sloven on 21-Feb-2004 17:07 GMT
In reply to Comment 21 (hooligan/dcs):
A company running out of cash often cannot do what it originally intended. Do you really think Genesi wants to have those PDA games running on the Pegasos so badly to start a lawsuit, which would only result in losers anyway?

Wake up, it is all about screwing potential consumers into thinking the Pegasos is the next generation AmigaOS powered platform. BBRV and his company sucks.
Hyperion Statement on amigaworld.net : Comment 23 of 61ANN.lu
Posted by Remco Komduur on 21-Feb-2004 17:08 GMT
hihi... Ben Dover.

Move the space to the right. Oops....brain in wrong mode.
Hyperion Statement on amigaworld.net : Comment 24 of 61ANN.lu
Posted by hooligan/dcs on 21-Feb-2004 17:48 GMT
In reply to Comment 22 (Sloven):
Posted by Sloven (193.95.199.90) on 21-Feb-2004 18:07:15
In Reply to Comment 21 (hooligan/dcs):
A company running out of cash often cannot do what it originally intended. Do you really think Genesi wants to have those PDA games running on the Pegasos so badly to start a lawsuit, which would only result in losers anyway?

Wake up, it is all about screwing potential consumers into thinking the Pegasos is the next generation AmigaOS powered platform. BBRV and his company sucks.
------------------------
You really, REALLY tell me with straight face that Genesi sued Amiga Inc. because they wanted some room in this pityful market of ours? I think someone else than I needs a wake up here.

But, of course I am open for reasoning.. so please reply with some golden eggs how Genesi will actually have benefit with this. As I think it was a pointless lawsuit anyway, I am not ashamed to change my point of view if proven wrong.
Hyperion Statement on amigaworld.net : Comment 25 of 61ANN.lu
Posted by Ole-Egil on 21-Feb-2004 17:56 GMT
In reply to Comment 24 (hooligan/dcs):
You just reminded me of an old quote:

"When facts change, I change my mind. What do you do, sir?"

:-)
Hyperion Statement on amigaworld.net : Comment 26 of 61ANN.lu
Posted by hooligan/dcs on 21-Feb-2004 18:10 GMT
In reply to Comment 25 (Ole-Egil):
What I do.. I drink beer and liquor, enjoy the show :)
Hyperion Statement on amigaworld.net : Comment 27 of 61ANN.lu
Posted by Sloven on 21-Feb-2004 18:11 GMT
In reply to Comment 24 (hooligan/dcs):
Just read the press-release. It would have been so incredible easy to be clear and honest. For gods sake read what they have written instead. Do you see any mention of the Amiga Digital Environment or Amiga Anywhere. Dont pretend to be naive please, I know you arent, probably only having tainted glasses on because you own a Peg.
Hyperion Statement on amigaworld.net : Comment 28 of 61ANN.lu
Posted by Bill Hoggett on 21-Feb-2004 18:31 GMT
In reply to Comment 27 (Sloven):
Amiga Digital Environment and Amiga Anywhere did not exist under those names when the contract was done. At the time, Amiga Inc considered AmigaDE as the new AmigaOS.

For this reason the name thing will run and run and the accusations will continue.
Hyperion Statement on amigaworld.net : Comment 29 of 61ANN.lu
Posted by hooligan/dcs on 21-Feb-2004 18:34 GMT
In reply to Comment 27 (Sloven):
I was only replying to your comment #22. Hey, I haven't even read the press release. Nor I intend to do so.. hardly of any interest. Same goes for all PDF's found here and there.

What I have understood is that there is a mention of "AmigaOS" in it.. which is completely wrong. Don't know who made the press-release, should have been worded properly, I agree.

Even if I read the press-release, I doubt it will change anything I said. I would still be waiting for that reasoning I was asking for...or?
Hyperion Statement on amigaworld.net : Comment 30 of 61ANN.lu
Posted by hooligan/dcs on 21-Feb-2004 18:36 GMT
In reply to Comment 27 (Sloven):
Nevermind.. the first line when I read about the press-release was yours comment..

"No denying Genesi and BBRV suck. What a bunch of losers..."


Me stopping useless argument with you here. Have a nice weekend.
Hyperion Statement on amigaworld.net : Comment 31 of 61ANN.lu
Posted by takemehomegrandma on 21-Feb-2004 18:42 GMT
I think it's hilarious to see some people suddenly running around like some mad hen on a yard, like in chock and horror, clucking "but ... b-but does this mean that there will be official Amiga stickers on a ... (cough) Pegasos?!?", like that would be something horrible. Haha, it's all just so pathetic, how can anyone be so worked up about this? What a sad bunch of muppets you are, kneeling if front of a corporate logotype and praying to the heavenly brand ...

Amiga Inc signed a deal with Genesi. By *free will* they licensed this IP in question (AmigaDE (at the time the only new AmigaOS that would ever come), trademarks, etc?) to Genesi, just like they did to Hyperion (other IP though). Suddenly Amiga Inc choose to violate the contract by not fulfilling their part of the deal. Now a judge has ruled that Amiga Inc was wrong in doing this, and granted Genesi access to the IP like the original agreement between Amiga Inc and Genesi say. Have I understood it correctly?

It would be interesting to know if Amiga Inc has been ordered to pay Genesi any money for any damage the delays has caused Genesi due to Amiga Inc's contract violation?
Hyperion Statement on amigaworld.net : Comment 32 of 61ANN.lu
Posted by pixie on 21-Feb-2004 18:43 GMT
In reply to Comment 28 (Bill Hoggett):
<sarcasm>
Could it be that Amiga Inc has changed their plans just to annoy Genesi?
</sarcasm>

Things had changed, names change, but AmigaOS Technology is one thing and AmigaDE is another... and can't imagine Genesi having rights to anyother technology (AOS) because of name conventions.
Hyperion Statement on amigaworld.net : Comment 33 of 61ANN.lu
Posted by takemehomegrandma on 21-Feb-2004 18:43 GMT
In reply to Comment 3 (4pLaYeR):
I can think of several clever ways to use the Amiga trademarks, and that is one!
:-)
Hyperion Statement on amigaworld.net : Comment 34 of 61ANN.lu
Posted by takemehomegrandma on 21-Feb-2004 18:49 GMT
In reply to Comment 4 (Anonymous):
If you browse through the documents you will see that Genesi was listed as a "co-plaintiff" quite early on.

Anyway, it doesn't matter what you say here on ANN, the only thing that matters is what the *judge* say, and he has obviously ruled now. His ruling is the truth, it's a fact now. Your postings on ANN are *not*. So you'd better deal with it!
Hyperion Statement on amigaworld.net : Comment 35 of 61ANN.lu
Posted by takemehomegrandma on 21-Feb-2004 19:06 GMT
In reply to Comment 8 (Bill Hoggett):
> I think "exclusive rights to the trademarks" is a highly dubious claim.

Absolutely! If you'd ask me, I'll say that's pure B-S. They might very well have right to use the trademarks for their product (like Genesi seems to have now aswell), but I could *never* believe that the *exclusive* right to the Amiga trademarks is owned by Hyperion. How do you think that the Venture Capitalist behind Amiga Inc would like that?

But then again, a lot of B-S has been coming from Hyperion officials during the last years. Better take everything with a huge bucket of salt!

It would also be kind of interesting to see how "solid" the contract between the current Amiga Inc and Hyperion would turn out to be in real life, in the case of Amiga Inc goes bankrupt and a new owner buys the Amiga IP ...
Hyperion Statement on amigaworld.net : Comment 36 of 61ANN.lu
Posted by takemehomegrandma on 21-Feb-2004 19:07 GMT
In reply to Comment 29 (hooligan/dcs):
> What I have understood is that there is a mention of "AmigaOS" in it.. which
> is completely wrong.

It would be interesting to read the actual text in the the Judge's ruling ...
Hyperion Statement on amigaworld.net : Comment 37 of 61ANN.lu
Posted by Bill Hoggett on 21-Feb-2004 20:29 GMT
In reply to Comment 32 (pixie):
No, Genesi would not have the rights to the product we now know as AmigaOS4. However, when a company changes the name of a contracted product to one not covered by the contract, that will have repercussions.

Comanies usually change the name of individual products. That'snot a problem. What Amiga Inc have done is swap the AmigaOS name from one product to another, without re-drafting old contracts to reflect the change. That's bound to cause confusion.

Did the Muddle Crew do so to annoy Genesi? If they did, they're incredibly stupid, because it can only affect their own product in a negative way.
Hyperion Statement on amigaworld.net : Comment 38 of 61ANN.lu
Posted by Lando on 21-Feb-2004 22:09 GMT
In reply to Comment 32 (pixie):
>Things had changed, names change, but AmigaOS Technology is one thing and
>AmigaDE is another... and can't imagine Genesi having rights to anyother
>technology (AOS) because of name conventions.

Well, Genesi don't need or want rights to AOS. They already have something better - MorphOS.

Now they have rights to use the Amiga trademarks in conjunction with their products, and this for many people is the important thing.
Hyperion Statement on amigaworld.net : Comment 39 of 61ANN.lu
Posted by MarkTime on 21-Feb-2004 22:18 GMT
In reply to Comment 14 (Polock):
>>How can companies without the cash to legaly defend themselves be abused like this?

What abuse? Abuse is if they were put in stocks and slapped around for a while...all the judge did was hold them to the contract they signed.

It's non-sensical to say that because a company runs out of money, they can then be held harmless from their contracts...but nevertheless, YOU are in a luck my friend...because american law does allow for that...all you have to do is declare bankruptcy.

of course Amiga, Inc. is going to do no such thing, because if they did, it would be a liquidation bankruptcy, they have no revenue stream to do a re-organization style of bankruptcy.
Hyperion Statement on amigaworld.net : Comment 40 of 61ANN.lu
Posted by Dunc on 21-Feb-2004 22:55 GMT
In reply to Comment 39 (MarkTime):
"...all the judge did was hold them to the contract they signed".

If I've read the situation right (and I may well not have), he found in favour of
Genesi *by default* because AInc didn't provide representation. This has the same
effect as if he had found there was a valid contract, but it doesn't mean there
WAS one at all.

Maybe there was, maybe there wasn't.
Hyperion Statement on amigaworld.net : Comment 41 of 61ANN.lu
Posted by Ronald St-Maurice on 21-Feb-2004 23:22 GMT
When are the riots coming? lol
Hyperion Statement on amigaworld.net : Comment 42 of 61ANN.lu
Posted by the Petro Pegasos! on 22-Feb-2004 00:51 GMT
Amiga DE = Amiga Deutschland = the Petro Pegasos! To be sold by Pegasos German distributor Vesalia!

Rumor has it that Petro Tyschtschenko has formed a new Company that will sublicense AmigaDE from his long time friends at Genesi and create the new Amiga DE computer for the Amiga market based on the Pegasos.
Hyperion Statement on amigaworld.net : Comment 43 of 61ANN.lu
Posted by layedback on 22-Feb-2004 02:11 GMT
In reply to Comment 42 (the Petro Pegasos!):
oh lord....
Hyperion Statement on amigaworld.net : Comment 44 of 61ANN.lu
Posted by Sigbjørn Skjæret on 22-Feb-2004 03:56 GMT
In reply to Comment 40 (Dunc):
"If I've read the situation right (and I may well not have), he found in favour of Genesi *by default* because AInc didn't provide representation."

As much as there seems to be certain individuals that thinks this is the way the legal system works, it is not .. you do not automatically lose a case just because you are unable to represent yourself, it just means you will not be putting up a defense .. now this may be a bad idea, but the judge will rule fairly based on the facts laid before him/her, and in this case the judge found that there was indeed a clear breach of contract, simple as that really...

Anyway, I don't think the outcome of this case will change much anyway, the aforementioned trademarks only applies to related products, so Genesi can't use it willy-nilly .. first they need to get DE running, then they will have the honor of paying AInc royalties for it, I really don't see what everyone is in panic-mode for (esp not Hyperion, which should have just shut up instead of making this extremely silly announcement (next they'll be calling Genesi the Axis of Evil))...


- CISC
Hyperion Statement on amigaworld.net : Comment 45 of 61ANN.lu
Posted by Oppressor on 22-Feb-2004 05:15 GMT
In reply to Comment 44 (Sigbjørn Skjæret):
Judging from Hyperion's reaction and reading their self-contradictory comments on Amigaworld, they are pretty much confused and not the least confident in that their contracts with Amiga Inc. hold any value, i.e. whether they could be enforced under increased load. Some application of pressure could help to reveal the contracts and to make them available to public inspection.

Of course Genesi should be VERY WELL conscious about such a decision this time, and not act headlessly for a change. Maybe this time a merge between AmigaOS and MorphOS or whatever kind of solution would be possible. If not, I'd say it's about time for Armageddon - thumbs down to both of you. :)
Hyperion Statement on amigaworld.net : Comment 46 of 61ANN.lu
Posted by Anonymous on 22-Feb-2004 06:45 GMT
In reply to Comment 44 (Sigbjørn Skjæret):
Oh and that IS the way the law works in washington state on such matters, it is even explained by Genesi's lawyer in a one of the depositions.

Get a clue CISC.
Hyperion Statement on amigaworld.net : Comment 47 of 61ANN.lu
Posted by Sigbjørn Skjæret on 22-Feb-2004 09:16 GMT
In reply to Comment 46 (Anonymous):
No, it is not...

If the defendant fails to show up the plaintiff can ask for a default judgement, something which may be denied if it is found unreasonable, something which obviously was not the case here, since it was infact granted.

McEwen did not only fail to find counsel, he also failed to show up in court, something which is always *incredibly* stupid .. I guess he realized how poor his case was that he gambled on a continuance, too bad that backfired (mind you, Genesi will now have to track down McEwen and enforce the order, something I'm guessing will not be easy)...


- CISC
Hyperion Statement on amigaworld.net : Comment 48 of 61ANN.lu
Posted by Anonymous on 22-Feb-2004 09:49 GMT
/me would be really please if Hyperion would have to rename AmigaOS 4 in Hyperion OS 1.0.
Hyperion Statement on amigaworld.net : Comment 49 of 61ANN.lu
Posted by pixie on 22-Feb-2004 13:38 GMT
In reply to Comment 38 (Lando):
> Well, Genesi don't need or want rights to AOS. They already have
> something better - MorphOS.

ohhh... your little winnie is bigger then mine thing again...

> Now they have rights to use the Amiga trademarks in conjunction
> with their products, and this for many people is the important thing.

This coming from a crowd who constantly says the name doesn't matter.. get the name which they had made the more blatant attacks @ DE, and even knowing what technology it is, they are happy, just for the sake of the name... now imagine how happy they would be if they could label MorphOS as the REAL thing!
Hyperion Statement on amigaworld.net : Comment 50 of 61ANN.lu
Posted by pixie on 22-Feb-2004 13:47 GMT
In reply to Comment 48 (Anonymous):
On the document is clearly stated: Amiga DE Operating system, which was the product Genesi has made a deal with AInc. Why Blue camp dreams so much with "The Name" they din't want from the start is beyhond my imagination...

I can't grasp how one without a licence for using the name brand Amiga, can call it's computer Amiga just because it runs one piece of software from it... if I run quicktime, my computer doesn't turn into an Apple, nor can I sell it as such...
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