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Old 08-05-2008, 02:31 PM   #1
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Default AINC VS HYPERION - Hyperion Lost?

Ok, I am no lawyer, but I am reading the final dispostion on this litigation here:

http://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2007cv00631/143245/116/

From what I understand Hyperion have to either return the 'copyrighted material' (OS4?) to Amiga Inc. or destroy it.

Hopefully someone more knowledgeable than me on the matter can shed some light.
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Old 08-05-2008, 02:41 PM   #2
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Default Re: AINC VS HYPERION - Hyperion Lost?

I'm not a lawyer either, but that document is basically a confidentiality agreement, as requested by both Amiga Inc. and Hyperion. If you scroll down to the last few pages, you'll see that lawyers from both sides signed it.

No-one has won anything. We can just expect that we'll be seeing fewer of the lawsuit details published on-line from now on.

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Old 08-05-2008, 02:45 PM   #3
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Default Re: AINC VS HYPERION - Hyperion Lost?

Oh hmmmm - so how will we know how it will hit us, as Amiga fans? Should we expect some sort of announcement by either parties?
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Old 08-05-2008, 02:53 PM   #4
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Default Re: AINC VS HYPERION - Hyperion Lost?

Quote:
Everblue wrote:
From what I understand Hyperion have to either return the 'copyrighted material' (OS4?) to Amiga Inc. or destroy it.
It clearly states that the case is now in the 'disclosure and discovery phase' and no public announcements of such will be forthcoming.

Any material submitted during this phase is basically off-limits to the public and either party is not allowed to disclose anything concerning it.

I much prefer reading the actual time-line of events ... reads like a who's who in Amiga Inc

http://news.justia.com/cases/featured/washington/wawdce/2:2007cv00631/143245/
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Old 08-05-2008, 03:08 PM   #5
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Default Re: AINC VS HYPERION - Hyperion Lost?

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We can just expect that we'll be seeing fewer of the lawsuit details published on-line from now on.
Which means both sides are serious about getting this settled. I doubt we are going to get much of anything beyond this, except what appears or disappears on AI or Hyperion's web sites. I smell money exchanging hands.

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Old 08-05-2008, 03:08 PM   #6
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Default Re: AINC VS HYPERION - Hyperion Lost?

Ok so I guess, that something positive for us is coming out of this.

And we know who published OS4 for Hyperion.... and that the same company have a motherboard that is perfectly capable of running OS4 :-D :-o
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Old 08-05-2008, 03:17 PM   #7
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Default Re: AINC VS HYPERION - Hyperion Lost?

I agree with Dammy that this suggests that they are serious about a settlement. They also asked for a specific judge to act as a mediator in such talks. However, it is just talk, and any negotiations take time. As nice as it would be, I wouldn't expect OS 4.1 to be available for the SAM 440 motherboard when Amiga OS 4.1 is released a few weeks from now.

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Old 08-05-2008, 03:22 PM   #8
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Default Re: AINC VS HYPERION - Hyperion Lost?

Well I guess you are right, but at least there is some hope.

Hope is last to die :-D
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Old 08-05-2008, 03:26 PM   #9
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Default Re: AINC VS HYPERION - Hyperion Lost?

Quote:
From what I understand Hyperion have to either return the 'copyrighted material' (OS4?) to Amiga Inc. or destroy it.
Would AI care either way, though, given that AOS 5 isn't based on AOS4 anyway?
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Old 08-05-2008, 03:59 PM   #10
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Default Re: AINC VS HYPERION - Hyperion Lost?

Quote:
Would AI care either way, though, given that AOS 5 isn't based on AOS4 anyway?
Trademark and copyrights is what it's all about. AI wants complete control over it's IP. It's not about gaining control over a OS that will sell a few hundred more mobos, it's about the IP. Atleast that is what I've gathered over the years. I suppose in a few months we shall find out if I was right or not. The first sign which way this is going to go is if 4.1 release is delayed or not. If it is, ball is in play.

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Old 08-05-2008, 04:25 PM   #11
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Default Re: AINC VS HYPERION - Hyperion Lost?

Quote:
Hans_ wrote:
I agree with Dammy that this suggests that they are serious about a settlement. They also asked for a specific judge to act as a mediator in such talks. However, it is just talk, and any negotiations take time. As nice as it would be, I wouldn't expect OS 4.1 to be available for the SAM 440 motherboard when Amiga OS 4.1 is released a few weeks from now.

Hans
I would not assume anything of the sort yet. Disclosure had to happen sooner or later in the case, so that each side could see the evidence against them from the other party. That is American Law for most, if not all cases if you watch any of the Law related American TV shows.

I would say that this is just a normal phase to the case to show that it is going forward to the next phase. Progress in the case may still be released, but none of the sensitive details, or information about OS4, or also any information that the parties can prove would be detrimental to their business might be covered under this document to protect information shared between the two opposing parties. The document clearly states that the information requested to be covered by this document must meet the criteria set forth within it to be protected.

In other words, either parties cannot just request that everything from this point forward be covered by a blanket non-disclosure agreement.

Still, this will severely limit the amount of information coming out of the case(s) from this point forward.

That is my take on it, but I am not a lawyer either.

Edit: Although I read through most all of the document, after a while it gets pretty boring and I skimmed through some of it at the end. I did NOT see the part about asking for a specific Judge to act as the mediator. If that is the case, ignore what I have written above.
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Old 08-05-2008, 04:45 PM   #12
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Default Re: AINC VS HYPERION - Hyperion Lost?

Quote:
Everblue wrote:
Well I guess you are right, but at least there is some hope.

Hope is last to die :-D


Hope is the first step on the road to disappointment. :roll:


We have a better chance of contracting syphilis than we do of getting anything of benefit from Amiga, Inc.
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Old 08-05-2008, 05:02 PM   #13
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Default Re: AINC VS HYPERION - Hyperion Lost?

DOUBLE POST
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Old 08-05-2008, 05:51 PM   #14
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Default Re: AINC VS HYPERION - Hyperion Lost?

@Methuselas -
Quote:
Even if we are abstinent, We have a better chance of contracting syphilis than we do of getting anything of benefit from Amiga, Inc.
There. fixed that for you.
HTH
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Old 08-05-2008, 10:14 PM   #15
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Default Re: AINC VS HYPERION - Hyperion Lost?

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Ilwrath wrote:
@Methuselas -
Quote:
Even if we are abstinent, We have a better chance of contracting syphilis than we do of getting anything of benefit from Amiga, Inc.
There. fixed that for you.
HTH

*snort*
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