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Old 07 February 2019, 17:53   #751
hth313
On strike for kolla
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Join Date: May 2018
Location: Delta, Canada
Posts: 185
Quote:
Originally Posted by gulliver View Post
The problem from Cloanto┬┤s point of view is that the settlement agreement is not a simple contract between two parties, but the payment for a debt Amiga Inc had with Hyperion due to the OS4 port, recognized by a court judge.
I actually see it the other way around, this is a problem for Hyperion. They did not buy anything, they got compensation related to doing OS4 work, which basically granted them the work itself and everything related to be able to keep doing it. It did not give them ownership of anything from Amiga Inc, it gave them a unique position to continue work on OS4.

It is very clearly stated in that agreement that Amiga Inc is the owner.

Quote:
And then how much compensation can you ask for someone selling aprons, when you do not sell anything yourself? Where is your loss of revenue? You can only argument damage of your brand, but then it will be difficult to prove that since you dont sell anything yourself.

So if it is based on arguments alone, I see Cloanto getting the shortest end of the stick in this matter. But then, many times lawsuits are won by technicalities and not by the core arguments.
Now you lost me, what does aprons got to do with it? If you translate aprons to kickstarts, then it does not hold as both parties do sell kickstarts and OS 3.

I do not agree with you on that Cloanto gets the shortest end here, I rather think they will reach some sort of agreement.
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