quote.(From Moo)
This email speaks volumes. Apologies if it's already been posted.

Basically, Amiga Inc had the money (or said they did) to bribe the Freidens to betray Hyperion and the OS4 team. Wisely they looked at Bolton Peck and decided not to take up the offer!

This begs the question;
Why not just pay Hyperion. Then Hyperion could pay the Freidens and acquire source rights to exec. Then OS4 would have still been able to be sold.

From the court docs, the emails between Bill McEwen of Amiga Inc. and the Friedens, February 16, 2007:


-----quote:

Subject: Amiga and the Friedens – Moving Together
From: “Bill McEwen”
Date: Fri, 16 Feb 2007 14:14:05 -0800
To: “'Thomas Frieden'” ,


Hey Guys:

I want to thank you for your e-mail to me, and again I look forward to our
working together. I think we can get a deal done that is good for all of us, and
that we both (or all three of us) want the same thing: the product shipping.

I would like to spend more time planning our futures and less time the past. I
want to make it clear that I greatly respect you both and I hope that both
understand and recognize this point. Our disagreements with Hyperion are not
disagreements with you.

I do want to respond to the points you have raised, and then begin our focus on
the future.

We understand that Hyperion cannot transfer more rights in OS4.0 than it has.
Having read your contract, it is clear that the contract gives Hyperion only an
object code license to ExecSG until you are paid in full. So, Hyperion currently
only has an object code license to ExecSG.

It is also clear that Amiga only acquired object code license rights when we
exercised our “buy back” rights with Hyperion. In other words, Hyperion has no
ownership rights to ExecSG, and Amiga did not and could not acquire ownership of
ExecSG from Hyperion (because Hyperion had no ownership rights to transfer).

Reading your email, it seems that you are concerned that Amiga would try to use
the courts to acquire ownership of ExecSG. I can assure you that this is
absolutely not the case.

I hope that clears up any misunderstandings we have had, and that we can move
forward.

Now, let's move on to business. I will get right to the point. Amiga wants to
buy your rights in ExecSG. We would take over your contract with Hyperion.
Amiga wants to compensate you for all of the hard work and creativity that you
both put into ExecSG. We want to pay you right away, as well have you
participate in the potential revenue from ExecSG, with royalties.

Also, Amiga would like to engage you as members of the development team. We can
work out the exact terms, but you will be paid for your work while you are
working, starting immediately.

This needs to be done quickly and confidentially. We are prepared to come to
terms and pay you swiftly. If you are interested (and we hope you are), please
respond promptly and we will respond promptly as well, with specific terms.

I look forward to working with you.

Bill

-----Original Message-----
From: Bill McEwen [mailto:bill@amiga.com]
Sent: Tuesday, February 13, 2007 12:23 PM
To: Shatan, Gregory S.; Baker, Scott D.
Subject: FW: Amiga and the Friedens

-----Original Message-----
From: Hans-Joerg Frieden [mailto:Hans-JoergF@hyperion-entertainment.biz]
Sent: Tuesday, February 13, 2007 7:15 AM
To: Bill McEwen
Cc: 'Thomas Frieden'
Subject: Re: Amiga and the Friedens

Bill McEwen wrote:
>
> Gentlemen:
>
>
>
> I want to thank you for your to the point e-mail, and I will reply the

> same.
>
>
>
> 1. Before I can make any announcement about the IP, I have to have
> a contract with you. The three contracts that we have with
> Hyperion state that Amiga owns the IP to OS 4.
> 1.We get a contract with you for OS 4.
> 2.We make the announcement.
> 3.OS 4 starts shipping
> 4.You start making money.
> 2.I have requested a copy of the contract that you have with
> Hyperion from Reed Smith so that I may review it.
>
>
>
>
> That is how it can work. We need to move very quickly however if you
> want to proceed, as this is about to be removed my hands and it will
> no longer be in my control.
>
>
>


Hi Bill.

The most recent contract between Amiga and Hyperion for the development
of the Arctic PDA demo states quite clearly that Amiga does not own OS
4. In fact, not even Commodore fully owned 3.1, nor did Gateway/Amiga
ever “own” OS 3.5 and 3.9, which was based on exclusive, terminable
license agreements for an initial 2 year period only. It was Gateway's
legal department that drafted these contracts, not Hyperion.

Even if the contract would say that Amiga owns OS 4, we (Thomas and
me) never transferred ownership of our code to Hyperion so Hyperion
could never have transferred ownership of our code to anyone, including Amiga. This
is a point we have been trying to make for years, going back as far as
Garry Hare's visit to Germany.

The original 2001 agreement specified a WarpOS based OS 4 system. WarpOS
is primitive, hand-coded in PPC assembly which only runs on classic
Amigas and without a single line of comments. We developed ExecSG
because Escena failed to deliver the original AmigaOne which would have
been an add-on to the classic Amigas. Our decision to develop ExecSG
from ground up allowed the Arctic demo to run in the first place; this
is also the reason why we are even discussion [sic] this today.

It makes no sense whatsoever for Amiga to claim that ExecSG was ever
part of the original 2001 agreement.

From talking with Evert, we have the distinct impression Hyperion is
also interested in settling this ownership issue once and for all,
through binding arbitration (which is a lot less conspicuous and less
time consuming than litigation) – as Hyperion has, as we understand,
offered countless times – or through the courts if need be. We do not
know what should be understood by “...as this is about to be removed
from my hands and it will no longer be in my control ...”, but we assume
you are referring to a pending lawsuit here.

Our lawyer informs us that the chance that Amiga would ever prevail in
court is non-existent. No court can ever take away our ownership rights
under EU copyright law. In fact, even if the contract between Amiga and
Hyperion is declared null and void, or terminated, our ownership rights
would not be affected; quite the contrary, only the license we gave to
Hyperion would be terminated.

A US court decision to the contrary would never be recognized as valid
in the EU.

We do not understand why (under the circumstances) Amiga refuses
arbitration or even wants to push this issue of ownership to its
inevitable outcome which is another defeat in court.

By all means, we want to work together, but it is high time for Amiga
to face legal realities. One such reality is that Hyperion can only
transfer to you whatever ownership they have, and the absolutely
positively do NOT have ownership of ExecSG, so there is no way they can
transfer it to you or anybody else.

Best regards,

--
Hans-Joerg Frieden

“The past tempts us, the present confuses us, the future frightens us
and our lives slip away moment by moment, lost in that vast terrible
in-between. But there is still time to seize that one last fragile
moment, to choose something better.”
Centauri Emperor Turhan, The Coming of Shadows, Babylon 5


-----end

Last edited by Colin_Camper on 27-May-2007 at 10:49 AM.
Last edited by Colin_Camper on 26-May-2007 at 10:47 AM.

@Colin_Camper

Seems like a standard businessmans proposition to me.

But then..

I aint a businessman.

_________________
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I dont suffer from Insanity - I enjoy it

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@Colin_Camper

And the plot thicken's . . .

_________________
Avatar babe - Monica Bellucci.

@Colin_Camper

That's an interesting email, but I fail to see anything remotely like a "bribe".

Under your definition, should I complain to my employers that they are "bribing" me by sending me a paycheque every two weeks?

It seems to me that at least one side is trying to resolve the problem of OS4 being released on new hardware.

Also, who leaked a personal and private email into the community?

_________________
AmigaOne X1000, A4000(T), A3000, A2000, A1200(T), A1200, A500, CD32, Minimig+ARM, FPGA Arcade, Chameleon64, C-One, C128, C128D, C64C, C64, VIC-20, CBM 8032, CBM4032, Efika, Ultimate64

@Darrin

I was wondering the same thing myself.

_________________
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I dont suffer from Insanity - I enjoy it

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@Colin_Camper
Definitely are not going to get nowhere, as both sides are stubborn as hell.
Though i dont see what this has to do with betraying anyone? All McEwen did was come with business proposal for buying the right for ExecSG.

Last edited by Tomas on 26-May-2007 at 01:08 PM.

@Colin_Camper

Your choice of words is a bit misleading in some regard. This is the business world, "betrayal" has no meaning, really. They wouldn't do it, that's fair enough, but what McEwen did was try to secure an important asset outside court. In the same way Hyperion secured many 3.9 assets without going through H&P.

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@The_Editor

I feel like kidnapping all of the parties involved, duct-taping them to wooden chairs and then beating them with a long rubber hose until they all agree to a mutually benificial business plan.

_________________
AmigaOne X1000, A4000(T), A3000, A2000, A1200(T), A1200, A500, CD32, Minimig+ARM, FPGA Arcade, Chameleon64, C-One, C128, C128D, C64C, C64, VIC-20, CBM 8032, CBM4032, Efika, Ultimate64

@Colin_Camper

Quote:

Hi Bill. The most recent contract between Amiga and Hyperion for the development of the Arctic PDA demo states quite clearly that Amiga does not own OS 4. In fact, not even Commodore fully owned 3.1, nor did Gateway/Amiga ever “own” OS 3.5 and 3.9, which was based on exclusive, terminable license agreements for an initial 2 year period only. It was Gateway's legal department that drafted these contracts, not Hyperion.

locking forward for that PDA !!!

@Darrin

That sounds like a Champion Idea.

Ever though about employment as a Progress Chaser ?

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I dont suffer from Insanity - I enjoy it

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@Darrin

Quote:

Also, who leaked a personal and private email into the community?

The email was submitted as part of Hyperion's defense.

@All

It's definitely a standard business conversation, but there undoubtly seem to be some kind of a disagrement between these two partner...

_________________
Helge K. Leaving the Amiga in favour of a PC..

@Rob

Ddiolch. I was wondering why it hadn't been "pulled" and that explains it.

_________________
AmigaOne X1000, A4000(T), A3000, A2000, A1200(T), A1200, A500, CD32, Minimig+ARM, FPGA Arcade, Chameleon64, C-One, C128, C128D, C64C, C64, VIC-20, CBM 8032, CBM4032, Efika, Ultimate64

@The_Editor

Is that a job offer?

Last edited by Darrin on 26-May-2007 at 11:57 AM.

_________________
AmigaOne X1000, A4000(T), A3000, A2000, A1200(T), A1200, A500, CD32, Minimig+ARM, FPGA Arcade, Chameleon64, C-One, C128, C128D, C64C, C64, VIC-20, CBM 8032, CBM4032, Efika, Ultimate64

@Rob

Quote:

Rob wrote: @Darrin Quote: Also, who leaked a personal and private email into the community? The email was submitted as part of Hyperion's defense.

absolutely! Exhibit C (apology if this URL has already been posted)

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@Colin_Camper

Very informative! I suppose ExecSG is the basis for the court case going on then?

@Darrin

Yes, please beat them ALL with a rubber chicken!

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If you're going through hell, keep going. -Winston Churchill

@Darrin
Quote:

Also, who leaked a personal and private email into the community?

Hyperion. More specifically, the Friedens. This is part of the discovery phase of the lawsuit between AInc. and Hyperion.

_________________
Here for the whimpering end

@Colin_Camper

Makes Hyperion look bad in my opinion. Also all the people that claimed inside info and that the spat between Hyperion and Ainc (during the Hyperion and Acube deal formation) is no big deal, quite foolish.
Seems to me it supports the notion that Hyperion never lived up to their original agreement and Ainc tried to play nice with the Friedens. Whoever wins it will be a loss for all and I think the brothers made a big mistake.

@Framiga

Is the submission of a 3rd party private email legal evidence?

If you guys really want to know what is being said here I suggest you go out and read

Case 2:07-cv-00631-RSM Document 24 Filed 05/21/2007

United States District Court Western District of Washington at Seattle

Hyperion's Memorandum in Opposition to Amiga Deleware's Motion for Preliminary Injunction

It will basically tell you Hyperion's response to Amiga Delaware's assertions about the case.

The one question that comes to mind is whole "bankruptcy vs insolvency" issue. It's obvious from reading that both parties do not accept that they are the same thing, insolvency in this case means that the have no liquid assets if I am reading it correctly.

It also looks like that maybe one party never paid the other in full. It's funny, in business they always tell you to get a reciept for any money transfers even over wires.

Honestly we'll see what the judge says, but to me it looks like Hyperion was not the first party in "material breach" of that contract. The wording and the spelling out of specifics doesn't also seem to be very "well written" from this layman's reading of court documents.