08 March 2023, 16:03 | #1 |
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What's the status of the Cloanto / Hyperion lawsuit?
Are there any news regarding the legal battle between Cloanto and Hyperion? I can't seem to be able to find anything regarding that. So much time has passed. Does anyone know anything?
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03 April 2023, 03:29 | #2 |
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Hi Debvgger!
It's still "in progress", if that can be called "progress" https://amigaworld.net/modules/newbb...=25979&forum=2 Take care! |
03 April 2023, 03:36 | #3 |
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Hyperion Press release on http://www.hyperion-entertainment.com/
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03 April 2023, 03:54 | #4 |
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Soooo - what does that mean to end Amiga users?
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03 April 2023, 04:23 | #5 |
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We get more Amigas.
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03 April 2023, 07:41 | #6 |
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03 April 2023, 08:18 | #7 |
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03 April 2023, 08:39 | #8 |
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That's a very optimistic point of view, but it would be of course the best solution More realistically they just stop wasting time and money in court.
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03 April 2023, 09:44 | #9 |
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It means that nothing has been decided yet - it was all legal shenanigans done by Ben Hermans to waste Cloanto’s money and hope that they desist.
Full explanation here: http://amiga-news.de/en/news/AN-2023-04-00011-EN.html tl;dr: Hyperion didn’t win anything but Ben Hermans wants to pass this as a huge win for them. He added more plaintiffs just to prolong this lawsuit as long as possible while also obtaining the benefit of blocking the real lawsuit - which is frozen until this one is resolved. Real scummy behaviour on his part but I don’t expect anything less from him by now. Only advice I can give right now is to not purchase any of the new AmigaOS (3.1.4, 3.2.x, 4.x) since nothing of your purchase reaches the real developers and it only gives Ben Hermans more fuel for this frivolous lawsuit. Hyperion just hopes that Cloanto/Mike will lose enough money and time on this and will drop the lawsuit, making him the only (unlawful) owner of AmigaOS. |
03 April 2023, 11:06 | #10 | ||||
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Whether that is unlawful or not is exactly the question. Actually, Hyperion does not even claim to be the "owner", and that was exactly the reason why the initial first release of 3.1.4 was withdrawn. Hyperion holds a development license. |
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03 April 2023, 12:27 | #11 |
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The news article links to the judgement. I have read the original judgement and find the news article correct. The most relevant parts seem to be page 4, lines 21 through 25 (no summary judgement), page 6, lines 9 through 19 (no right to sue), page 7, line 28, through page 8, line 3 (no right to sue), page 9, lines 1 thourgh 5 (Cloanto not owner of trademarks but CA Acquisition Corp.), page 9, lines 28, through page 19, line 3 (no right to sue), page 10, lines 19 through 21 (Hyperion has withdrawn opposition).
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03 April 2023, 12:46 | #12 |
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Hyperion 3.2 that run also in emulation, for Cloanto not more sell Amigaforever and not more sell old kickstart and workbennch.
The best solution is to free kickstart and workbench to community The alternative is: goodbay Amigaforever and Cloanto |
03 April 2023, 14:03 | #13 |
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The best outcome would be if these parties would simply stick their heads together and sell jointly, sharing IP. But that's just a pipe dream, I afraid.
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03 April 2023, 14:05 | #14 | |
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That is then, sigh, just another court action. What a useless waste of money and time. |
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03 April 2023, 14:08 | #15 | ||||||
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The second one, made by Hyperion, clearly was only done to muddle things and halt the subsequent (real) lawsuit by C-A Acquisition Corp, fully knowing that it would be merged with the other one. Ben Hermans is (was? IIRC he was disbarred?) a lawyer and it shows in his techniques. Quote:
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They are unlawfully trying to pass something as theirs when it isn't. Quote:
Yes, that was a rookie mistake on Cloanto's part - one Ben Herman's immediately took advantage of. |
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03 April 2023, 14:25 | #16 |
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Yes, but the summary shouldn't be so short as to be silent about the fact that Hyperion didn't really win anything either as Ben Hermans claimed. As was explained in the Amiga News article, the decision on the core aspects of the fight has been postponed (roughly speaking).
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03 April 2023, 14:29 | #17 |
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This whole mess surely makes me so happy that the Amiga never 'died' and that loving caring companies who only have the best interests in mind continue to support it. /s
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03 April 2023, 14:30 | #18 | |||||||
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As I said before, maybe Cloanto is the owner, but that doesn't help them as the exclusive development rights have been passed over, so they cannot do much with what they own, at least they cannot advance AmigaOs. They cannot develop - thus, more or less a body without arms and legs. As said before, if you read carefully what the AmigaOs "About" box says is that it was "developped under license of Hyperion", not that they own it. Quote:
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But anyhow, that's not on what the court has to decide upon. What the court has to decide is whether or not Hyperion had the rights to develop. |
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03 April 2023, 15:03 | #19 | ||||
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This is the core of the *other* lawsuit. This one was dismissed since Cloanto doesn't own anything, but Amiga Corp. (previously C-A Acquisition Corp.) does. Still, it doesn't mean that anything that Cloanto has said until now was fake. Quote:
Hyperion also tried to sell 3.1, that was never covered under the original agreement. http://www.generationamiga.com/2018/...economic-area/ This is ground enough to cancel the entire agreement. Quote:
The matter is definitely more broad - it isn't just a question of "development rights" - Ben Hermans is clearly trying to take over the AmigaOS brand along with the development rights. |
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03 April 2023, 17:32 | #20 | |
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Thus, what Cloanto bought wasn't probably not worth much - they cannot do a lot with what they accquired. |
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