Hyperion Hold'em with Trademark wildcards

With the 100 mark just hit. Will Amiga Inc lose their trademarks? Does Hyperion really own Amiga OS 4.0 for itself?

The raffling story continues at:

http://news.justia.com/cases/featured ... dce/2:2007cv00631/143245/

@orgin

Well, I've read it, I can't say I can really get my head all around it, having read motion 99 and 100. It looks like hyperion may have a point. But, to be honest, I am more confused than ever over this.

Where are GregS and Mitch when you need them? They used to make it so much more concise and clear.

MY HEAD HURTS!!!

@orgin

Wow, it was interesting reading it, hope Hyperion wins the rights to the name AmigaOS.

@orgin

If I ever somehow happen to get in trouble with US law I'd for sure hire William A. Kinsel to represent me. After reading his depositions I get the impression he's one helluva lawyer.

Quote:


Hi Monoxyde,

I very briefly spoke with Mr. Kinsel (12 sentences maybe), but I got a very good feeling about him. I heard him speak for more than 40 minutes in court, as well.

He appeared _genuine_ in his desire to represent Hyperion Entertainment's case. IOW, he (to me, anyway) really sees Hyperion as being wronged, and that they DO have the absolute right to what it is that they seek in court against the absolute failure that Amiga Inc. is in so many ways. Amiga Inc. in many ways deserves no more association with anything Amiga anymore, as well in the pure legal sense also.

I thanked him that he took on the case and that I felt that Hyperion was definitely in the right and that there is an attempt to swindle the hard work away from the AOS4.0 programmers. I didn't have time to go into detail of how, now that all the intial difficult work had been done by them, they were going to be sidelined out of the future benefits of the huge sales that will follow later on (we're not quite there yet .)


The Hyperion programmers are the only people that understand "Amiga" and can continue it forward. (I'm speaking only from programming the OS itself, there are many people that understand and program Amiga SW otherwise.)



I was there in court on May 31st 2007 in Seattle, Wa. You should have seen it, him by himself facing FIVE Amiga Inc.wa.del/KMOS (whatever) attorneys, "movie of the week" stuff!!!

Actually, the case was over before it even started. Amiga Inc./KMOS never paid Hyperion Entertainment _all_ the money owed to them. This is other than the $25K that a certain person seems to constantly bruhaha about over on another website about. When the extra money is factored in, KMOS hasen't even come close to reimbursing them for the AOS4.0 source code. Heck, they're $250 short as it is!


Everyone should be mad that certain parties have wasted COUNTLESS hours of debate over this.


In the end, Amiga Inc. Del. will get nothing (not even court fees; HAHAHAHAH!!!!!!), _even if_ the courts make an erroneous verdict.

New document #101 is up. (This url is for the main page, click on 101 when you get there.)


Poor old Amiga Inc. Del. Arguing that Hyperion can't use the trademarks when in actuality, they have every right to because of the contract.


Anyway, if EVERY argument fails, Amiga Inc. Del. still has NOT paid the $2.1 million (more really) owed to Hyperion Entertainment for AOS4.0's completion. (Remember, AOS4.0 will, down the road, generate in excess of $5 billion in profits.)


In it's current form, it's a superior OS. I don't care about multi-user and memory protection.


It's only deficiencies are upto date hardware and applications. Trivial obstacle if there were 100,000 users.

@Atheist

hyperion asked for $25000, in both the 2001 contract, and the 2003 contract with ITEC, so therefore we should assume that they want $25000, not over 2 million, yea?

Hi derfs,


That's not accurate at all. There's an unspecified amount listed, related to the amount charged per day that it took to get the OS completed to be contended with also.

Amiga Inc. Del. (kmos) "conveniently" gloss right over that in their court case. That's why it's considered to be a "buy-in" of $25,000, not "buy back", but AInc. want to steal (quite obviously) AOS4.0 from Hyperion instead.

@Atheist

Cool to hear you were present in the court room.
I wonder, could this be material for DiscreetFX's next movie project?

@Atheist

and there's me thinking that Hyperion should pay their own bills to make what they were contracted to do, silly me!

are you seriously trying to make me believe that even with the contract, Hyperion are allowed to charge Amiga Inc all the development costs? if that is to believed why have there only been a few full time developers over the past 5 years? why didnt they get a whole team of full time developers and have this all done in the correct timeframe they agreed on in the contract?

also, are you telling me that hyperion never agreed to the $25000 fee? even though it *is* in both contracts they signed? what about the ITEC contract then, can you tell me how that isnt a complete purchase of everything Hyperion have on OS4?

just because you dont like it, doesnt make it untrue.