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To Break Freepage  1 2 3 
Bartek "Banter" K.
Poland
(Natami Team)
Posts 2277
11 Feb 2010 20:53


Hi guys,

This is a VERY interesting reading about Amiga Inc legal status.

It may be possible that Amiga Inc. NEVER owned exclusive rights to Classic Amiga OS (sic!)

It also shows how much intended legal mess surrounds Amiga Inc itself and its related companies/investors.

If these Amiga Inc. people do not own Classic Amiga OS rights, I would vote to make them open source ASAP.

EXTERNAL LINK 
What do you think?

Cheers

Channel Z

Posts 227
12 Feb 2010 12:36


If the information about the ESCOM transfer court ruling is correct (my German is not exactly perfect), this means that no licensing of AmigaOS from the current Amiga Inc. to any party is legal, and it would also make Hyperion and it's exclusive rights to AmigaOS as ruled in the latest trial void. It would also put derived works like OS 4, and even OS 3.5 and 3.9, in a difficult legal situation.

What would happen legally with the sources if they can be proved to have been left owned by a non-existant company for so long? Public domain, open sourced, or even left in a legal void?

I also think that the situation needs to be reviewed by a German speaker and as much information as possible be extracted from the German court archives.
But even if one knows that the information is correct, how does one go about doing something like this? Starting a lawsuit as an individual against several companies does not sound very attractive to me.

Marcel Verdaasdonk
Netherlands

Posts 3975
12 Feb 2010 13:33


Well this pokes some wholes in the Who is the owner game.

I have this looked at by a legal friend of mine and might come back on this later.
But i doubt any legal claims can be seen at some form of Void for the kickstart.
Who made OS 3.9, since i think they still might hold rights.


Thomas Richter
Germany
(MX-Board Owner)
Posts 1425
12 Feb 2010 13:36


Channel Z wrote:

  What would happen legally with the sources if they can be proved to have been left owned by a non-existant company for so long? Public domain, open sourced, or even left in a legal void?

Just because the rights on AmigaOs haven't been transfered from CBM to ESCOM - again, purely speculation - this doesn't mean that the sources are "open source". As far as I know, the rights are first transfered to the liquidator, which again can sell the assets of the company to be liquidated to interested parties. If the rights haven't been transfered, I would believe the rights are still with the lawyer that did the liquidation of CBM back then.

Anyhow, all that is purely speculation, and it doesn't make the situation easier at all - neither does it give any party the right to open source AmigaOs. It means in best (or worst?) case that Amiga Os 4 is not fully licensed, but as long as the *true* owner (then the liquidator) doesn't go to court, it won't change anything.

If the assumed situation is correct, then still licenses need to be obtained for AmigaOs, just from a different party.

To stress that again, it *does not* make AmigaOs open source - this is just wishful thinking.

Anyhow, this is all just speculation.

So long,
Thomas


Ayodele Stephenson
USA

Posts 83
12 Feb 2010 15:41


I think its best to pretend Ainc never existed.
If a court were to dig deep and gain an understanding of what went on behind the scenes at Ainc. over the past 10 years... The # of laws broken, the back door IP schemes, unpaid wages, tax evasion, mirror/shadow investors, corporate $$ Laundering??  I see no way this could be good for the community at large. And Might just be the nail in the coffin for the few companies that have licenses with that "entity" and are still active in the community...

Chuck T
USA

Posts 673
12 Feb 2010 16:00


My memory goes back many years but I remember that Commodore was contracting with Microsoft and Microsoft was holding up development on some things.

I suppose if anyone has the original legal notices with the original Amiga 500 boxes or Amiga 1000 boxes, it may shed some clues.


Thomas Richter
Germany
(MX-Board Owner)
Posts 1425
12 Feb 2010 16:26


Ayodele Stephenson wrote:

I think its best to pretend Ainc never existed.

You may pretend that, but that still won't Ainc stop from suing you should you publish the sources of AmigaOs. You still need a lawyer. Maybe the court would even decide that Ainc has no rights on AmigaOs, but you'd still paid a lot of money before it would come to this conclusion. Then to the lawyers, not to Ainc, though.

It doesn't help in the end.

So long,
Thomas


Ayodele Stephenson
USA

Posts 83
12 Feb 2010 17:59


Thomas Richter wrote:

 
  It doesn't help in the end.
 
  So long,
  Thomas
 

You are correct it doesn't help... If I had the resourses and expertise to take them on I would have.  Since 2003-2004 (in my eyes) they are nothing, of course the courts would beg to differ. They are a shell of something. LoL!!!

Asaf Ayoub
United Kingdom

Posts 332
13 Feb 2010 15:49


On Friday April 29 at 4:10 P.M. 1994 Commodore filed for liquidation. Their announcement was short
 
  Commodore International Limited announced today that it's Board of Directors has authorized the transfer of assets to trustees for the benefit of its creditor and has placed its major subsidiary, Commodore Electronics Limited, into voluntary liquidation. This is the initial phase of an orderly liquidation of both companies, which are incorporated in the Bahamas, by the Bahamas Supreme Court. This action does not affect the wholly-owned subsidiaries which include Commodore Business Machines (USA), Commodore Business machines LTD (Canada), Commodore/Amiga (UK), Commodore Germany, etc. Operations will continue normally.
 
  EXTERNAL LINK 
  I would guess the Bahamas Supreme Court would have all the documents.
  - Commodore Electronics Limited (bahamas)
 

Thomas Clarke
United Kingdom

Posts 286
13 Feb 2010 22:28


@Asaf Ayoub
That's interesting, now we're getting somewhere.
 
I had a look on the website for the Bahamas Supreme Court, there are five cases mentioning Commodore International or Commodore Electronics. These are:
 
Year Case Name
1994 - Commodore International & International Business
1995 - Commodore Electronics & International Bus.
1997 - Commodore Electronics Limited And The International Business Companies Act, 1989 et al.
1997 - Irwin Gould et al v Commodore International And
2004 - Commodore International Limited Commodore Electronics Limited and Franklyn Wilson and MacGregor M.Robertson
 
I reckon it's more than likely that we want the documents from one of the first two. Here are further details for the 1994 case:
Vol - 5
Action/Case No. - 581 of 94
Judicial Officers - Osadebay
Page - 68
Date of Decision - 06/Jul/1994
Court - Supreme
Side/Division - Equity
 
Here are further details for the 1995 case:
Vol - 2
Action/Case No. - 473 of 94
Judicial Officers - Joan Sawyer
Page - 32
Date of Decision - 27/Mar/1995
Court - Supreme
Side/Division - Divorce
 
If anyone wants to see my source for this information, just go to the Bahamas Supreme Court website, select the Search Judgements tab on the home page and search for Commodore, the data is contained in an Excel file which is the only search result.
 
Right, who's up for making some phone calls to the Bahamas then...
EXTERNAL LINK

Chuck T
USA

Posts 673
13 Feb 2010 22:32


Is it possible no one bought the operating system because they just wanted the chips?

Thomas Clarke
United Kingdom

Posts 286
13 Feb 2010 22:38


Chuck T wrote:

Is it possible no one bought the operating system because they just wanted the chips?

Why speculate about that when you can know the truth? I've given any curious minds all they need to get the truth in my last post.

Chuck T
USA

Posts 673
13 Feb 2010 22:58


Perhaps we need a list of questions.

Thomas Clarke
United Kingdom

Posts 286
14 Feb 2010 00:47


Chuck T wrote:

Perhaps we need a list of questions.

The questions we need are:
1. Who do I need to speak to to get the court case documents?
...and when the right person has been found...
2. Can you send me a copy of the court case documents?

Any other questions beyond that are pointless at this moment in time because you'll never get any useful result from asking them.

I expect this topic will die a slow death now as why would an Amigan be practical when they can bikeshed... oh well...

Thomas Richter
Germany
(MX-Board Owner)
Posts 1425
14 Feb 2010 11:46


Thomas Clarke wrote:

  Any other questions beyond that are pointless at this moment in time because you'll never get any useful result from asking them.
 
  I expect this topic will die a slow death now as why would an Amigan be practical when they can bikeshed... oh well...

And consider you would get the result that AmigaOs rights haven't been selled. Then what? It still doesn't mean that it is open source, and it still doesn't stop Amiga Inc. from bringing the case to court - given the way how they behaved in the past.

Thus, I don't quite understand why that changes anything or what the purpose of the discussion is. It is academic.

If you want to proceed this way, hire a lawyer and spend the next five years in battle. I've better use for my time (and money). For example, it might be outright cheaper just to pay for a licence from Amiga Inc would they be willing to sell one. Even if that licence isn't worth more than just shutting them quiet. If the "real" owner of AmigaOs hasn't tried to sue them until then, you'd expect that this person or organization will shut quiet in the future. And if this person should try to sue you in future, you would still have the time to bring Amiga Inc. to court.

I know, this probably doesn't sound right in the sense of justice (i.e. as paying a thief), but it still solves the problem.

So long,
Thomas


Marcel Verdaasdonk
Netherlands

Posts 3975
14 Feb 2010 13:28


Well if the full OS isn't sold kickstart included, we must atleast chase this.
Besides there is a difference in legal systems global.
So you can get ahem sued in the US while in you own nation the one suing you can't do a thing against you.

This depends on the charge, murder still gets you send off in most cases. ;)

For us it is interesting you have access to the source of the OS legal, but it isn't vital.
For AROS who has been bitten before in the past by this in the past can have more interest in this then us.
But i myself can't say anything more then that it is interesting.

But who is gonna take this action, since we can sit here contemplating what if's but that doesn't solve the fact that we don't know the truth in this case.

Thomas Richter
Germany
(MX-Board Owner)
Posts 1425
14 Feb 2010 14:33


Marcel Verdaasdonk wrote:

Well if the full OS isn't sold kickstart included, we must atleast chase this.
  Besides there is a difference in legal systems global.
  So you can get ahem sued in the US while in you own nation the one suing you can't do a thing against you.

If the product is to be sold internationally, it is something you need to face.

For Natami, I don't think it is necessary. Amiga owners should have a kickstart somewhere. If not, supply a program that writes an image to disk and use that. Then provide replacement modules on top of the bootrom, modules developed independently. As said, one can replace most kickstart modules (with the exception of expansion and probably exec).

Marcel Verdaasdonk wrote:

  For us it is interesting you have access to the source of the OS legal, but it isn't vital.

You only need the source to get information on the internal wirings, but that information does not require a license. It can be obtained by a clean-room approach, i.e. person A with the sources provides information, but not the source code to person B, which implements a replacement.

It is a cumbersome task, but the only one I consider realistic.

Marcel Verdaasdonk wrote:

  For AROS who has been bitten before in the past by this in the past can have more interest in this then us.
  But i myself can't say anything more then that it is interesting.
 
  But who is gonna take this action, since we can sit here contemplating what if's but that doesn't solve the fact that we don't know the truth in this case.

Look, nobody is going to court likely - I doubt anyone is willing to take the risk. What remains is to start from the given binaries (kickstart 3.1) and try to get it working. I suppose an A2000 ROM should do it as it contains the "least" hardware dependencies (no scsi.device etc, etc). As for how to do the patchwork, here I am. I don't have enough time to do the implementation, and given the clean-room approach, I shouldn't neither be the one who does it to avoid trouble, but I can certainly answer questions to interested parties.

So long,
Thomas


Marcel Verdaasdonk
Netherlands

Posts 3975
14 Feb 2010 15:03


It's plain and simple if they sue they need to point out why or what reason.
This might end up like Microsoft versus linux.(MS still can't tell that part of their kernel is ahem copied)

Thomas Clarke
United Kingdom

Posts 286
14 Feb 2010 18:42


@Thomas Richter
There are many reasons for wanting to know who owns the rights to classic AmigaOS. Paying the right people for a kickstart license is the least of my worries, but I do know Jens from Individual Computers was trying to find out who the owners were so that he could pay the right people, to help the release of the CloneA, even if the only outcome of knowing the truth was to help Jens then it would be worth it, would it not?

My own motivation is this, knowing the truth about who owns classic AmigaOS makes the future clearer, and that future may include open-source. Now before you start on a campaign to correct me, yes of course there is no guarantee that the owners will release AmigaOS this way, but it has been known for commercial projects to turn into open-source ones. Take Blender for example, that started out as a commercial app, then an offer was made to the community to pay to have it open-sourced, and this came to pass. It's in no way guaranteed to happen this way with AmigaOS but it's a hell of a lot more likely to happen if we know the true owners don't you agree?

At the end of the day, it's about knowing the truth. You might not want to spend your time pursuing it but others do, there's no need to knock people who want the truth.

Thomas Clarke
United Kingdom

Posts 286
14 Feb 2010 19:11


Marcel Verdaasdonk wrote:

But who is gonna take this action, since we can sit here contemplating what if's but that doesn't solve the fact that we don't know the truth in this case.

Seeing as (predictably) Amigans would rather argue than help themselves, I've just sent the following e-mail to the only e-mail address I could find on the Bahamas Supreme Court website, I'll let y'all know if I get a response:

"Dear Sir/Madam,

I am writing to you today to request some advice. I wish to obtain any publicly available documents surrounding a couple of court cases conducted in The Supreme Court of the Bahamas around the years 1994 and 1995.

I have contacted you personally about this matter as yours was the only e-mail address listed on the Supreme Court website and I honestly wasn't sure which department I needed to ask, I apologise in advance if it is one of your colleagues I should have asked for help from.

Please can you advise me on what information I need to know to request the court case documents, and whom I need to forward this information to (name, job title and e-mail address if possible).

Thank you in advance for your advice, I look forward to hearing from you soon.

Thomas Clarke"

Interestingly, the e-mail address I used was first set up when I tried to find out what rights Acer had to the Amiga brand (wasn't composing those e-mails on my N900 though! ; )). : )

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