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      /  Amiga Inc v. Hyperion VOF (update 22 Feb 2008)
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itix 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 30-Jan-2008 11:12:24
#161 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3398
From: Freedom world

@CodeSmith

Quote:

I think that remember Ben claiming that the MOS developers were legally tainted by having looked at some OS 3.0 source code, but I'm pretty certain the only one to actually threaten legal action was Bill McEwen (with his infamous "we know who you are and are coming to get you" Amiwest speech).


Ben Hermans was actually trying to persuade Amiga Inc to go battle against MorphOS.

PDF

It even seems that Hermans was more eager to go with it than Amiga.

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Amiga 500, Efika, Mac Mini and PowerBook

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umisef 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 30-Jan-2008 13:40:20
#162 ]
Super Member
Joined: 19-Jun-2005
Posts: 1714
From: Melbourne, Australia

@whose

Quote:
I wouldn´t call it "vandalize" if anybody would try to change the text to a much more objective one,


I *would* call it vandalise if someone deletes all the text without providing anything to replace it. The people who immediately undid those "edits" agreed, too.

Quote:
even more as Wikipedia should be no place for questionnable politics as e.g. yours.


Huh? Not only do I not have "politics", but more importantly, I have absolutely nothing to do with the text describing Hyperion in Wikipedia.

And if you believe that the current version is one-sided and harsh on Hyperion, you certainly don't want to see what I would write if I set out to write a one-sided and harsh portrayal of that company.... What's there is ever so slightly biased towards AI, but it's very very far away from "pure favourite of Amiga Inc".

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Tigger 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 30-Jan-2008 13:52:17
#163 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@Dandy

Quote:

Dandy wrote:
@BigD

Quote:

BigD wrote:
@Helge

...
It claims they ... didn't pay their contrators!
...



Hmmm - in the court docs - document 35, page 11, lines 24-26, I found:

"... i.e., Hyperion had not fully paid the third party contractors for such rights. Yet, in a contradictory e-mail from Mr. Carton, he told me that Hyperion had paid all but $40.000 for the source code to OS 4.0, ..."



I wish that email was part of the case, because I think that would come as a shock to Olaf, the Frieden Brothers and a bunch of other developers. Though I am wondering if Evert meant 3.9, which might be a fairly accurate number.
-Tig

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Varthall 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 30-Jan-2008 23:16:45
#164 ]
Super Member
Joined: 17-Feb-2004
Posts: 1559
From: Up Rough

@umisef

Quote:

And if you believe that the current version is one-sided and harsh on Hyperion, you certainly don't want to see what I would write if I set out to write a one-sided and harsh portrayal of that company.... What's there is ever so slightly biased towards AI, but it's very very far away from "pure favourite of Amiga Inc".

So, do you agree that the text is one-sided, not objective as any other article on Wikipedia, and that it should be edited to give a more balanced view on Hyperion?

Varthall

Last edited by Varthall on 30-Jan-2008 at 11:18 PM.

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kgrach 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 30-Jan-2008 23:35:49
#165 ]
Cult Member
Joined: 1-Aug-2003
Posts: 678
From: Farmingdale NY

@all
Wikipedia is not a good reference source sometimes.

Wikipdia a few years ago banned all site entry edits from The US Congress.
It seems that rival representatives were sabotaging each others Biographies

Remember wiki entries are not always neutral in scope.

Kgrach

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umisef 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 0:45:08
#166 ]
Super Member
Joined: 19-Jun-2005
Posts: 1714
From: Melbourne, Australia

@Varthall

Quote:
So, do you agree that the text is one-sided, not objective as any other article on Wikipedia, and that it should be edited to give a more balanced view on Hyperion?


I agree that it could do with some editing. However, I have few problems with the objectivity, but rather with the unstructured way information is presented, with the inconsistent (and seemingly arbitrary) level of detail afforded the different aspects of Hyperion's history, and with the lack of proper citations (which, however, IMHO is mainly due to a lack of effort to provide them, rather than due to a lack of existence).

However, I would generally question whether the standards of notability are actually met for Hyperion. If one leaves out the whole legal thing (which would be better placed in the AmigaOS article), there really isn't much left to say, nor any reason to say it. Considering that H&P has not warranted an entry, it is really questionable whether a one-man operation that does nothing but project management actually is in any way notable. At best, an entry like yellowTab's may be justifiable, stating "Founded 1999, original business plan porting of games to Mac, Linux, Amiga, change of plan in 2001, development of OS4. Ongoing".

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A500 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 4:40:44
#167 ]
Regular Member
Joined: 24-Feb-2006
Posts: 352
From: Ontario, Canada

I have been away from this issue for a while because it seemed to be going no where. So please forgive me if the question has been asked several times before.

When are we likely to see a resolution to this case:

1) An early date should they come to terms
2) Goes to court: My fear is that one party could always appeal and keep this puppy in constant litigation.

I really hope we can see an early settlement as it avoids the possibility of an appeal.

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damocles 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 5:20:41
#168 ]
Super Member
Joined: 22-Dec-2007
Posts: 1719
From: Unknown

@A500

Quote:
2) Goes to court: My fear is that one party could always appeal and keep this puppy in constant litigation.


If AI (or Itec more then likely) wins, I doubt Hyperion will have the cash to file an appeal. Appeals are tricky (there has to be a solid arguement there is something missed in the orginal trial) and expensive which leaves Hyperion out in the cold, if they should lose. I have my doubts that Hyperion will be able to afford an attorney for the Itec vs Hyperion case in NY, let alone appeals.

Dammy

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Spectre660 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 10:53:06
#169 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@A500

Quote:
When are we likely to see a resolution to this case:


The issue has shifted out of court back to Mediation in the Hyperion vs Amino case.This mediation will impact the other two lawsuits. If the mediation resolves the Hyperion vs Amino issues then the other two suits will probably be dismissed or withdrawn.

Mediation surviving cancelled contracts had been argued early in the lawsuit debate by ahem certin persons.

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Manu 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 11:38:12
#170 ]
Super Member
Joined: 4-Feb-2004
Posts: 1561
From: Unknown

@Spectre660

That sounds interesting. How do you know they are back to Mediation ?
It would be the best outcome, to good to be true actually.

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hardware-intensive solutions. And they'd go faster.-- D.Haynie

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AmigaBlitter 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 11:59:56
#171 ]
Elite Member
Joined: 26-Sep-2005
Posts: 3514
From: Unknown

@Spectre660

Is true?

Are they back to mediation? Maybe this is the best solution.

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retired

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Lou 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 13:03:41
#172 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4227
From: Rhode Island

@A500

A court day usually doesn't come until after 12 months from the initial filing to allow for motions and discovery and mediation. So figure June '08.

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Spectre660 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 13:05:36
#173 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@Manu

Quote:

@Spectre660

That sounds interesting. How do you know they are back to Mediation ?
It would be the best outcome, to good to be true actually.


Just vs AMINO

Link thank to UMISEF.
http://www.umilator.net/courtdocs/shocket20a.pdf

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damocles 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 13:34:51
#174 ]
Super Member
Joined: 22-Dec-2007
Posts: 1719
From: Unknown

@Spectre660

Quote:
The issue has shifted out of court back to Mediation in the Hyperion vs Amino case.This mediation will impact the other two lawsuits. If the mediation resolves the Hyperion vs Amino issues then the other two suits will probably be dismissed or withdrawn.

Mediation surviving cancelled contracts had been argued early in the lawsuit debate by ahem certin persons.


Doubtful at this stage of the game. My guess is Amino will use this mediation as a delay while Itec's case moves forward in NY. This will force Hyperion to get another lawyer in NY to represent them in the third law suit that doesn't have much hope for Hyperion. Amino suceeds in running out the clock, Itec wins, Hyperion is screwed while they face AI DE's law suit at the same time since I don't remember seeing the Judge ordering AI DE into mediation, just Amino and Hyperion.

Dammy

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Lou 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 14:00:37
#175 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4227
From: Rhode Island

@damocles

But isn't mediation capped at 1 month's time?

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damocles 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 14:28:32
#176 ]
Super Member
Joined: 22-Dec-2007
Posts: 1719
From: Unknown

@Lou

Quote:
But isn't mediation capped at 1 month's time?


I really don't know, nor do I know if the mediation can be done by individual parties or attorneys will be needed. If it's that latter, $350 (or more) x 8 hours x 30 days = $84K that both sides will have to pay since it's not covered by the loser. Now if the attorneys are required, mediation would probably start when both sides have that many days open, which would mean a delay.

Bigger question is when Itec's court date. Anyone have the URL for the court docs of Itec vs Hyperion?

Dammy

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Swoop 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 15:21:51
#177 ]
Elite Member
Joined: 20-Jun-2003
Posts: 2163
From: Long Riston, East Yorkshire

@damocles

Quote:
Bigger question is when Itec's court date. Anyone have the URL for the court docs of Itec vs Hyperion?

Dammy

Have a look here

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A1XEG3-800 [IBM 750FX PowerPC], running OS4.1FE, using ac97 onboard sound.

"There are 10 types of people in the world: those who understand binary, and those who don't."

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Lou 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 16:10:30
#178 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4227
From: Rhode Island

@Swoop

April 1st pre-trial conference with a discovery motion.
How fitting.

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damocles 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 16:54:03
#179 ]
Super Member
Joined: 22-Dec-2007
Posts: 1719
From: Unknown

@Swoop

Quote:
Have a look here


Thank you Swoop! Looks like April 1st is the next date for Itec vs Hyperion on Hyperion's motion to dismiss. Going to be a long trial if deadline for discovery is March of 10.

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CodeSmith 
Re: Amiga Inc v. Hyperion VOF (update 17 Jan 2008)
Posted on 31-Jan-2008 18:11:18
#180 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3045
From: USA

@damocles

"going to be"? This farce has already taken way too long. It should have been resolved within a month.

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