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Author Topic: The classic Amiga is finally free Amen brother!  (Read 7931 times)

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Offline DigimanTopic starter

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The classic Amiga is finally free Amen brother!
« on: May 10, 2012, 12:56:46 AM »
I'm going to split this off to an isolated thread after starting a reply in case by thedaddy thread.

Now it Appears Amiga Inc have no claim to Amiga as software, firmware,OS,hardware parts or complete computers.

Amiga has nothing live on uspto.gov website.

Here is the kicker, kickstart also has no active entry not by Cloanto, Amiga Inc or anyone......strange.

We can make Amiga cases and computers without restriction now :mickeymouse:

Quote from: spirantho;692465
That's exactly what they can't do though.

The Amiga trademark is only dead for software. For hardware it's still alive, but not for cases. However, the trade-mark does cover disk drives.

I suspect this is why all the C=USA "bare bones" systems all come with blu-ray drives built-in. This way they can claim it's a disk drive, as they don't have the license to produce a case.


ALL entries for the word "Amiga" in isolation are dead except for whirl-pools or MRI scanners and something else. Amiga Inc's registrations are all dead or non existent.

This means Gateway held everything and let it rot. Kickstart Roms there are also dead? Nothing remotely related is live so Kickstart is now free!

Also this is all Cloanto have..
Quote
Word Mark:AMIGA FOREVER

Translations:The foreign wording in the mark translates into English as FRIEND.

Goods and Services:IC 009. US 021 023 026 036 038.

G & S: Interactive multimedia computer program for displaying information about the history of computers; Interactive video game programs; Pre-recorded CD's, video tapes, laser disks and DVD's featuring information about the history of computers and computer games; Video magazine recorded on electronic media featuring computers. FIRST USE: 19971007. FIRST USE IN COMMERCE: 19971202

Erm nothing there forcing anyone to buy it for 'legal kickstart' I guess, if you like the front end GUI sure buy it then.

Any trademark for Amiga computers or parts or cases nowhere to be seen nor is Kickstart active today.  I searched the entire USPTO database for everything with the word Amiga or Kickstart in the broadest search possible.

Now all we need are case replicas of our favourite machines :)

Fireworks!!
 

Offline commodorejohn

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Re: The classic Amiga is finally free Amen brother!
« Reply #1 on: May 10, 2012, 01:07:09 AM »
I will point out that a trademark for the name "Kickstart" is not the same thing as the copyright on the actual Kickstart ROMs, but this is still very interesting news.
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Offline darkage

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Re: The classic Amiga is finally free Amen brother!
« Reply #2 on: May 10, 2012, 01:13:09 AM »
I dont know if thats actually a good or bad thing...

When someone held the rights previously it kept everyone at bay, but now if the flood gates open Im more worried about ALOT more ppl trying to profit and rape the Amiga name...

hmmm it might be best if a new gate keeper is selected, which is trusted within the community (if trust still exists) which can distribute/lease out the rights to worthy ppl...  Last thing I want is a few more CUSA to popup freely...  Food for thought..
 

Offline kedawa

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Re: The classic Amiga is finally free Amen brother!
« Reply #3 on: May 10, 2012, 01:16:58 AM »
If they have no exclusive right to the name, then neither do their licensees.
This could be very, very good.
Quote from: darkage;692532
hmmm it might be best if a new gate keeper is selected, which is trusted within the community (if trust still exists) which can distribute/lease out the rights to worthy ppl...  Last thing I want is a few more CUSA to popup freely...  Food for thought..

How would that even work?  It would be completely unenforceable, and if there's one thing the Amiga 'community' is incapable of doing, it's coming to a consensus on how they want the platform to evolve.
« Last Edit: May 10, 2012, 01:20:16 AM by kedawa »
 

Offline DigimanTopic starter

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Re: The classic Amiga is finally free Amen brother!
« Reply #4 on: May 10, 2012, 01:18:27 AM »
Quote from: commodorejohn;692531
I will point out that a trademark for the name "Kickstart" is not the same thing as the copyright on the actual Kickstart ROMs, but this is still very interesting news.

I know, but as custom chips and original Amiga computers with Paula chips wont be manufactured as before ever again Amiga is free.

Also, If there is nobody enforcing Kickstart trademark it is more than likely that copyright was withe Escom/Gateway and very difficult to find. Amiga Inc never owned that and therefore nor can Cloanto. They probably shouldn't even pay Amiga Inc a cent anymore.

I bet the true copyright owners don't even know that they are themselves.
 

Offline DigimanTopic starter

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Re: The classic Amiga is finally free Amen brother!
« Reply #5 on: May 10, 2012, 01:24:46 AM »
Quote from: darkage;692532
I dont know if thats actually a good or bad thing...

When someone held the rights previously it kept everyone at bay, but now if the flood gates open Im more worried about ALOT more ppl trying to profit and rape the Amiga name...

hmmm it might be best if a new gate keeper is selected, which is trusted within the community (if trust still exists) which can distribute/lease out the rights to worthy ppl...  Last thing I want is a few more CUSA to popup freely...  Food for thought..


It just means a-holes like Barry can't claim to be "official". That means products are judged on merit by people who recognise the name.

And actually as I understand it the owner of  C= logo and "Commodore" name are currently AWOL so even Commodore name is not official.

Wow this whole mess is like a David Copperfield stunt!
 

Offline DigimanTopic starter

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Re: The classic Amiga is finally free Amen brother!
« Reply #6 on: May 10, 2012, 01:27:24 AM »
Quote from: kedawa;692533


How would that even work?  It would be completely unenforceable, and if there's one thing the Amiga 'community' is incapable of doing, it's coming to a consensus on how they want the platform to evolve.


Registering without the copyright holders permission is rocky road. Best to leave it dead.
 

Offline darkage

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Re: The classic Amiga is finally free Amen brother!
« Reply #7 on: May 10, 2012, 01:33:48 AM »
Quote from: kedawa;692533
If they have no exclusive right to the name, then neither do their licensees.
This could be very, very good.


How would that even work?  It would be completely unenforceable, and if there's one thing the Amiga 'community' is incapable of doing, it's coming to a consensus on how they want the platform to evolve.


Well there is wishful thinking... haha! I know what you mean, some ppl cant even decide what colour of LED's to have on a certain case :)
 

Offline wrath of khan

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Re: The classic Amiga is finally free Amen brother!
« Reply #8 on: May 10, 2012, 01:40:03 AM »
If this is really true then how can it be checked legally so that say loriano or team natami or the community could bring an amiga case amiga hardware and the amiga name together in a system.That would be sweet.If possible the community should jointly pay for the trademarks and then nominate some gatekeepers.
 

Offline mitchd61

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Re: The classic Amiga is finally free Amen brother!
« Reply #9 on: May 10, 2012, 01:46:00 AM »
Whoa!  Could be the start of something really great.
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Offline Kesa

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Re: The classic Amiga is finally free Amen brother!
« Reply #10 on: May 10, 2012, 02:00:28 AM »
Quote from: mitchd61;692544
Whoa!  Could be the start of something really great.

Your avatar makes me suspicious of your intentions...
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Offline cgutjahr

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Re: The classic Amiga is finally free Amen brother!
« Reply #11 on: May 10, 2012, 03:33:40 AM »
Quote from: Digiman;692530
Amiga has nothing live on uspto.gov website.

Can we please stop with this madness? This must be fourth thread on this topic.

1. During the vast majority of the Amiga's life, there was only one registered trademark: It was filed in 1985 by Commodore, is currently owned by AInc and can be found in the USPTO database under serial number 73571532. This trademark registration is still active.

2. While Ainc only holds one remaining Amiga trademark in the US (Cloanto owns the other two) they still own a myriad of trademarks in Europe.

For a list of live and dead amiga related trademarks see Amiga-Trademarks.pdf.

Quote

Kickstart Roms there are also dead? Nothing remotely related is live so Kickstart is now free!

You're mixing up Trademark ownership (i.e. naming rights) and Copyright (i.e. owning software rights).

Quote

Also this is all Cloanto have..

No, they also own "Workbench".

Quote

kickstart [...] Kickstart [...] kickstart [...] kickstart

That never was a registered trademark as far as the Amiga is concerned.
 

Offline Twin

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Re: The classic Amiga is finally free Amen brother!
« Reply #12 on: May 10, 2012, 05:08:12 AM »
cgutjahr is right - the "AMIGA" trademark is still alive. See here: http://tess2.uspto.gov/bin/showfield?f=doc&state=4006:9md8s7.3.14

Not sure if the link works, but the Trademark Serial Number is 73571532

Still well and truly alive and covers computers.

Also, Copyright isn't registrable - so you can't just go and copy kickstart code etc.
 

Offline Paulie85

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Re: The classic Amiga is finally free Amen brother!
« Reply #13 on: May 10, 2012, 05:44:09 AM »
This is correct, Amiga Inc. have a live claim. Also you should look up "likelihood of confusion" in US law as this is why a case (or anything computer-related)with the Amiga branding would be in breach of the trademark(despite it not being specifically listed on the claim).
« Last Edit: May 10, 2012, 05:47:30 AM by Paulie85 »
 

Offline mongo

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Re: The classic Amiga is finally free Amen brother!
« Reply #14 on: May 10, 2012, 06:53:08 AM »
AMIGA, INC. CORPORATION WASHINGTON is not Amiga Inc.

At least not according to Bill McEwen.

Seems that while playing the Amiga-Itec-KMOS-Amiga shell game, they forgot to transfer the trademark.