Court documents > ESCOM AG gegen Village Tronic
ESCOM AG gegen Village Tronic
On February 28, 1997 the regional court of Hannover grants ESCOM AG a
preliminrary injunction, that stops Village Tronic from distributing
AmigaOS 3.1. The latter appeals that sentence and wins the second round: a
higher court kills the preliminary injunction on Juli 16, 1997.
The judgment of the 'Oberlandesgericht Celle' states amongst other things that
ESCOM AG could not prove ownership of exclusive rights of use for AmigaOS 3.1:
"A claim for injunctive relief [...] required that [ESCOM AG]
had the exclusive right to use the OS 3.1 operating system. That this
is the case cannot be determined with the necessary clarity.
The contracts between Commodore Amiga Group and [ESCOM AG] only refer to
'all existing rights based on the patents, titles and rights'; the operating
system OS 3.1 is not referred to as such. The documents submitted regarding
an agreement between these parties from March 13, 1995 are therefore not
sufficient to verify that [ESCOM AG] acquired exclusive licensing rights
to the operating system."
(Note from staff: third parties ordering court documents from German courts
usually only get a redacted version where all names and identifiers have been
blackened out. In the document we're quoting above, the term "ESCOM AG" has
been either redacted or replaced with a more generic term)
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