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US court says ‘non-aggression’ clause no shield against future copyright claims

By Melissa Ritti ( June 13, 2025, 15:43 GMT | Insight) -- In the software industry, where IP rights frequently change hands, language matters. That much was evident yesterday when the US Court of Appeals for the Ninth Circuit said Cloanto Corporation lacks standing to maintain breach of contract claims against Hyperion Entertainment C.V.B.A. in connection with a license Hyperion received in a 2009 settlement with Amiga and others. But Cloanto, which was later assigned the relevant Amiga copyrights, saw its infringement case against the Brussels-based defendant reinstated. With Cloanto the undisputed legal owner of the software — which traces its origins to home PC pioneer Commodore — the appellate court said a “non-aggression” clause cannot save Hyperion from needing to defend, in the US, against allegations of infringement.Cloanto Corporation will get a second chance to make its case that Hyperion Entertainment C.V.B.A. is infringing the native operating system of the Amiga personal computer released by Commodore Business Machines in 1994....

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