The complaint is right in Hyperion's counterclaim where they state they had to contract the original developers themselves.
The developers created their own equivalent or superior versions of the added features of 3.5/3.9 under new contracts for OS4.
To say that Hyperion never complained is naive. Hyperion never complained "publicly" - that I can agree with.
Hyperion has yet to show that they complained about not getting software until long after they negotiated contracts and bought the software from others. Thats not going to be seen as a valid complaint in a court of law. -Tig
If you recall, they had to use "best efforts" for meet the March 2002 psuedo-deadline. If they didn't excercise best efforts, then they would have been in violation of the contract. I think they have shown to use best efforts especially when you consider the other parties: 1) changing AmigaOne hardware (with buggy hardware at that) 2) never receiving the sources to OS3.1/3.5/3.9 3) having to develop firmware for the A1
Can anyone prove that they didn't use best efforts?
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Lou 
