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number6
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 2-Jun-2021 22:11:32
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Elite Member |
Joined: 25-Mar-2005 Posts: 11616
From: In the village | | |
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| @matthey
Quote:
Hyperion's financial statements were available and linked from a post on this site. |
It's public information, so I'll just post them again, so no one has to hunt:
Hyperion Entertainment
Ben's entity
btw-last check on their grace period showed 6 months, so despite the talk about "2019", I would not discount the possibility that 2020 is soon due.
#6_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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kolla
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 3-Jun-2021 6:49:31
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Joined: 20-Aug-2003 Posts: 3201
From: Trondheim, Norway | | |
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| @geen_naam
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So you actually know how much money Hyperion has gained from os4 and os3.2 sales and what the value of their assets is? |
Yes, “little” and “not enough”.
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Or could it be that those developers (were tricked to) sign a contract that would give them a very weak legal position and that there's no case? |
Nooo… tricked you say? With eyes wide open? With being told repeatedly what they were signing up for? Never! Noone was tricked or duped here, that would be an insult to their intelligence.
“Ben Hermans tricked me!” “Oh really, so how can I trust your code?”
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Let me be clear. I'm not defending anyone and certainly not Hyperion. But if someone was earning money from my work without respecting a contract then I would sue them no matter what. |
How deep is your wallet, how deep is your wallet, how deep is your wallet … I really want to know, 'cause we're living in a world of fools, breaking us down, when they all should let us be, it belongs to you and me…_________________ B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC |
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number6
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 3-Jun-2021 13:11:38
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Joined: 25-Mar-2005 Posts: 11616
From: In the village | | |
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| @TRIPOS
If you find the covid reference humorous, I'll just refer you to Belgian law:
Quote:
The Moratorium Decree is based on the model provided for in Articles XX.50 and XX.51 of the Belgian Code of Economic Law in the context of a judicial reorganization procedure (“JRP”) and must be read in conjunction with the provisions of Book XX of the Economic Law Code relating to corporate insolvency. Please find below the key takeaways from the Moratorium Decree.
Which businesses can benefit from the Moratorium Decree? All businesses within the scope of Book XX of the Code of Economic Law will automatically benefit from the Moratorium Decree, following two cumulative conditions:
Their continuity is threatened by COVID-19 and its consequences; and They were not already virtually bankrupt on March 18, 2020 (start of the Belgian lockdown). Therefore, businesses whose continuity was severely compromised before COVID-19 cannot benefit from the Moratorium Decree, but can still apply for judicial reorganization proceedings (JRP).
The Moratorium Decree only protects the debtor itself and not related third parties (like spouses or guarantors). |
#6_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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Samwel
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 3-Jun-2021 20:41:43
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Elite Member |
Joined: 7-Apr-2004 Posts: 3404
From: Sweden | | |
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| Wouldn’t it be best for all if Cloanto/Amiga Inc (the new company) simply bought Hyperion and put everything under the same roof? _________________ /Harry
[SOLD] µA1-C - 750GX 800MHz - 512MB - Antec Aria case
Avatar by HNL_DK! |
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NutsAboutAmiga
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 3-Jun-2021 20:44:06
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Elite Member |
Joined: 9-Jun-2004 Posts: 12915
From: Norway | | |
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bennymee
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 3-Jun-2021 21:03:28
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Cult Member |
Joined: 19-Aug-2003 Posts: 697
From: Netherlands | | |
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| @geen_naam
And it keeps it's value :) |
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amigadave
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 3-Jun-2021 22:25:04
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Super Member |
Joined: 18-Jul-2005 Posts: 1732
From: Lake Shastina, Northern Calif. | | |
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| @NutsAboutAmiga
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NutsAboutAmiga wrote: @Samwel
No they don’t wont to do that, this all about owning trademarks.
Mike wonts to be the dictator of Amiga. |
I don't know what your problem is with Mike and Cloanto, or the new Amiga Inc. is, or why you tend to support Hyperion, but I'd like to see any evidence you have that Mike "wants to be the dictator of Amiga". As Samwel wrote, and I agree, why won't it be a good thing to have everything "Amiga", under one company again? How could it be any worse than what we have experienced over the last 10 to 15 years with Hyperion?_________________ Amiga! The computer that inspired so many, to accomplish so much, but has ended up in the hands of . . . . . . . . . . |
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Mobileconnect
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 4-Jun-2021 6:30:29
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Cult Member |
Joined: 13-Jun-2003 Posts: 501
From: Unknown | | |
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| @Samwel
Apparently Hyperion wants much more money for that anyone would realistically pay, so then the only choice is make a deal with them or beat them in court or hope they go bust. _________________
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AmigaBlitter
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 4-Jun-2021 7:03:35
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Elite Member |
Joined: 26-Sep-2005 Posts: 3514
From: Unknown | | |
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| @NutsAboutAmiga
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Mike wonts to be the dictator of Amiga. |
you certainly don't know Mike. He's not that kind of person and his intentions are certainly not to act as the dictator of the situation. Quite the contrary, he has repeatedly lent his hand to others by inviting them to collaborate.
_________________ retired |
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OlafS25
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 4-Jun-2021 9:26:12
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Elite Member |
Joined: 12-May-2010 Posts: 6412
From: Unknown | | |
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| @NutsAboutAmiga
Would you pay lots of dollars for something that is worth almost nothing or at least not much?
AmigaOS with how many users? One thousand? Two thousand?
If Ben H. would have been willing to sell all Trevor D. would have not financed the enhancer package and amigakit would not be trying to replace the OS
It is a little funny how simple the world for many is. In my view it is about money for all involved parties, not more not less
No side is sanctuary, not Cloanto and not Hyperion
BTW as someone wrote when I from time to time exchanged emails with Mike he always was a kind person. I do not know Ben H. in person so cannot say anything about him. Last edited by OlafS25 on 04-Jun-2021 at 09:29 AM. Last edited by OlafS25 on 04-Jun-2021 at 09:27 AM.
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NutsAboutAmiga
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 4-Jun-2021 9:55:23
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Elite Member |
Joined: 9-Jun-2004 Posts: 12915
From: Norway | | |
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| @OlafS25
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If Ben H. would have been willing to sell all Trevor D. |
Settlement agreement did not transferee ownership of AmigaOS3.1, only gave Hyperion the right to continue development, so anything that is bases on some % of original code, will have mixed bag, not fully paied for not fully owned, (Unless it can be proven that buyback agreement is valid, then its Hyperion who owns AmigaOS. until Amiga Inc pays for it.)
New things like Amiga Input, or USB stack, can maybe be sold, but again only if Hyperion has paid its contractor the agreed amount. If not, Hyperion will settle with their privilege creditors first (the developers), whoever owns what after that’s done, might give some clarity. But you can end up with half an OS to sell.
Trever might actually own some of that already, I remember there was page about what Hyperion owned and What Trever D (ExecSG Team) has domain over.
Last edited by NutsAboutAmiga on 04-Jun-2021 at 10:06 AM. Last edited by NutsAboutAmiga on 04-Jun-2021 at 10:02 AM. Last edited by NutsAboutAmiga on 04-Jun-2021 at 09:59 AM. Last edited by NutsAboutAmiga on 04-Jun-2021 at 09:58 AM.
_________________ http://lifeofliveforit.blogspot.no/ Facebook::LiveForIt Software for AmigaOS |
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OlafS25
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 4-Jun-2021 10:22:25
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Elite Member |
Joined: 12-May-2010 Posts: 6412
From: Unknown | | |
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| @NutsAboutAmiga
again if there would have been a chance to get all the rights Trevor D. would not have financed a separate branch. Either Ben H. is not willing to sell or the amount of money he wants is unrealistic. Mike already said that he is not against OS4 or even 3.1.4 so it is a matter of coming to agreement. Trevor is mainly interested in OS4 and Cloanto mainly in 68k (classic) so I do not see there a basic problem. The problem I see is owning Hyperion right now. |
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Hammer
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 4-Jun-2021 14:49:15
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Elite Member |
Joined: 9-Mar-2003 Posts: 5863
From: Australia | | |
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| @matthey
Quote:
Hyperion's financial statements were available and linked from a post on this site. It looked like they were losing money each year selling AmigaOS 4 only and AmigaOS 3.1.4 for the 68k turned things around for them. It appeared that they made several hundred thousand euros off AmigaOS 3.1.4 as I recall.
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Perhaps 68K Amiga install base is still larger than PowerPC Amiga's install base.
I bought AmigaOS 3.1.4 for my bro's A500 (rev 6, Wicher 508 accel) and my A1200 (rev 1.D1, waiting for 68LC060 accel card to arrive). I bought AmigaOS 3.2 for the mentioned Amigas.
Last edited by Hammer on 06-Jul-2021 at 02:27 AM.
_________________ Amiga 1200 (rev 1D1, KS 3.2, PiStorm32/RPi CM4/Emu68) Amiga 500 (rev 6A, ECS, KS 3.2, PiStorm/RPi 4B/Emu68) Ryzen 9 7900X, DDR5-6000 64 GB RAM, GeForce RTX 4080 16 GB |
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NutsAboutAmiga
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 4-Jun-2021 18:22:55
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Joined: 9-Jun-2004 Posts: 12915
From: Norway | | |
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number6
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 21-Jun-2021 11:49:57
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Elite Member |
Joined: 25-Mar-2005 Posts: 11616
From: In the village | | |
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| @matthey
Reference to the quote from Ben on Amiganews.de: Quote:
"There is no issue of 'insolvency', there was failure to file the yearly account for 2019 in time due to the accountancy firm not having the time to complete this in time apparently due to the COVID restrictions including but not limited to 'work from home' restrictions and very limited staff allowed in offices. It would be inappropriate for me to comment further without approval for my lawyer." |
Source - Hyperion: Ben Hermans temporarily relieved from director position
New - 2019 filed, with .pdf
#6
Last edited by number6 on 21-Jun-2021 at 12:47 PM.
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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kolla
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 23-Jun-2021 1:05:03
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Elite Member |
Joined: 20-Aug-2003 Posts: 3201
From: Trondheim, Norway | | |
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| @NutsAboutAmiga
Quote:
No, not at all. Quote:
Last license text says “developed under contract” or something similar, I guess that’s the settlement contract, it no longer says “copyright all rights reserved” |
The very first releases of OS 3.1.4 said "All Rights Reserved", but it was quickly changed (along with a few other rather ...ahm... face-palm-worthy changes) to "Developed under License". The licenser in this mess would be Cloanto today. Licenses can be reworked and clarified, and they can also be revoked. _________________ B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC |
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amigadave
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 25-Jun-2021 2:12:33
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Super Member |
Joined: 18-Jul-2005 Posts: 1732
From: Lake Shastina, Northern Calif. | | |
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| @OlafS25
Quote:
OlafS25 wrote: @NutsAboutAmiga
again if there would have been a chance to get all the rights Trevor D. would not have financed a separate branch. Either Ben H. is not willing to sell or the amount of money he wants is unrealistic. Mike already said that he is not against OS4 or even 3.1.4 so it is a matter of coming to agreement. Trevor is mainly interested in OS4 and Cloanto mainly in 68k (classic) so I do not see there a basic problem. The problem I see is owning Hyperion right now. |
The only problem I see is the owner of Hyperion right now! _________________ Amiga! The computer that inspired so many, to accomplish so much, but has ended up in the hands of . . . . . . . . . . |
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MEGA_RJ_MICAL
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 25-Jun-2021 6:20:18
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Super Member |
Joined: 13-Dec-2019 Posts: 1200
From: AMIGAWORLD.NET WAS ORIGINALLY FOUNDED BY DAVID DOYLE | | |
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| Quote:
A lawyer's lawyer, dealing with the compulsory dissolution of a company that hasn't a director anymore and can't appoint one, whose only asset is an IP it never really owned, and which is now theoretically owned by a different company.
This, my friends, doesn't even match the classic picture of vultures feeding on a corpse, anymore. This is... maggots feeding over the corpses of vultures who died eating the venomous carcass of a rattlesnake.
VOOOOOOOOR ON
/MEGA _________________ I HAVE ABS OF STEEL -- CAN YOU SEE ME? CAN YOU HEAR ME? OK FOR WORK |
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BigD
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 25-Jun-2021 11:01:43
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Elite Member |
Joined: 11-Aug-2005 Posts: 7402
From: UK | | |
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| @MEGA_RJ_MICAL
Wow!!! What a vivid image! Please don't try and draw that...ever! I think I have a Tibetan 'Sky Burial' type picture in my mind. Though I don't think the carcasses stick around long enough to get maggots. Maybe a Tibetan Mastiff dog feasting on the vulture carcasses would finish the montage? _________________ "Art challenges technology. Technology inspires the art." John Lasseter, Co-Founder of Pixar Animation Studios |
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number6
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Re: Hyperion Entertainment - Reorg/Restructure Posted on 5-Jul-2021 16:10:28
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Elite Member |
Joined: 25-Mar-2005 Posts: 11616
From: In the village | | |
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