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Old 07 February 2019, 23:05   #759

Join Date: Aug 2007
Location: The South of nowhere
Age: 42
Posts: 2,140
Originally Posted by Gorf View Post
There is always context that needs to be taken into account. A sentence does not stand alone.
You can read this agreement both ways - and that is why it is taken to court now.
I agree that sentences do not stand alone.

Context is provided withtin the document and court ruling, and language is clear.

Originally Posted by Gorf View Post
The intention of the settlement agreement was certainly not to grant Hyperion full rights to the modification and distribution of 3.x - at least not from Amiga Inc's point of view. And Hyperions press release directly after the agreement shows the Hyperion was very aware of this.
The intention of the agreement was to pay a debt.

What Amiga Inc thinks now does not matter. It mattered when they agreed to the settlement, and they did not dispute it. In fact they agreed and signed. That is what matters.

Originally Posted by Gorf View Post
So why did they wait all this years? Why didn't they start to sell the (unmodified) kickstart right away?
Hyperion was obviously waiting for the "right time", hoping Amiga Inc. being defunct ore otherwise incapable to react. And without Cloanto they would have been.
They did not wait: in fact, one of the strongest points of Cloanto┬┤s claim is that Hyperion included unmodified AmigaOS 1.3 kickstarts in OS4 back when it was released.

Hyperion simply chose the path to what they believed was more profitable: delivering a next generation OS4 based on PPC hardware. And back then, that was a good move from a business point of view.

I dont see that profit strategy being good anymore for several reasons.
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