Amiga Inc.

In 2001, Amiga, Inc. entered into a license for the development of AmigaOS 4.0 with AmigaOne® Partners, collectively Hyperion VOF and Eyetech Group Ltd. The license agreement was terminated on December 20, 2006.

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Hate tends to make you look stupid...

@sundown

Anyone recall the details of the 'leaked' contract? As far as I can recall, were it valid, the only thing able to terminate it was buyback being executed, after OS4 final release.

Considering McEwen stated in the 20Qs the buyback was exercised in 2003(!!), and OS4 wasn't released until _after_ Dec 20th....something smells fishy here...?

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Are we not done with the same silly arguments and flames yet??!

@sundown

Quote:

sundown wrote: Amiga Inc. In 2001, Amiga, Inc. entered into a license for the development of AmigaOS 4.0 with AmigaOne® Partners, collectively Hyperion VOF and Eyetech Group Ltd. The license agreement was terminated on December 20, 2006.

Just when you think things can't get more complicated and bizarre, it does.

Didn't Bill McEwen just say they bought AOS4 from Hyperion? Now the license is supposedly canceled for the OS they already say they bought from before the final update/release of OS4?

I can't keep track of this stuff anymore, my walls would look like a scene from "A Beautiful mind."

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"If you want to tell people the truth, make them laugh, otherwise they'll kill you." - Oscar Wilde

@wegster

Quote:

wegster wrote: @sundown Anyone recall the details of the 'leaked' contract? As far as I can recall, were it valid, the only thing able to terminate it was buyback being executed, after OS4 final release. Considering McEwen stated in the 20Qs the buyback was exercised in 2003(!!), and OS4 wasn't released until _after_ Dec 20th....something smells fishy here...?

While I don't know about the contract, I do remember someone from Hyperion saying when OS4 Final was released that the OS had essentially been released when the first CDs were sent, hence wording it the "final update". I'll try to see if I can find that.

---edit---
Quote:

Rogue wrote: "Final Update" means that the next update released for OS 4 will be OS 4.01. FWIW, OS 4 was released in May 2004, and has been updated ever since. This is the final update. Everything from now on will go into 4.01 (the first patch).

See here

Last edited by alx on 30-Apr-2007 at 07:21 AM.

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@sundown

Would that mean that the licence to develop is "terminated" or also the licence to distribute? It would seem to determine if this statement is in conflict with Hyperion's distribution plans in cooperation with ACube..

--- edit: well I guess distribution is an entirely separate issue..

Last edited by dirigent on 30-Apr-2007 at 07:29 AM.

Just when you thought that maybe some of us (me) over reacted
and things aren't as bad as they seem...what happens.
Amiga Inc throws another torch..oh, my oh my.

Has this *new info* been added to the site recently, or has it been
there all along but nobody read it carefully enough ?

Last edited by Manu on 30-Apr-2007 at 07:50 AM.

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AmigaOS or MorphOS on x86 would sell orders of magnitude more than the current,
hardware-intensive solutions. And they'd go faster.-- D.Haynie

@sundown

It may be to do with Eyetech shutting it's doors towards the end of last year.

@T_Bone

Look at the dates;

24 December 2006: It's done.
20 December 2006; The contract was terminated.

But it could just mean that Eyetech is out, and a new contract was setup with Hyperion and others.

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Everything you say will be misquoted and used against you..
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@dirigent

Quote:

Would that mean that the licence to develop is "terminated" or also the licence to distribute?

This is at least what the leaked OS4-contract draft states:

"ARTICLE VI.
TERM; TERMINATION

6.01 Term. This Agreement shall continue indefinately, unless terminated as provided herein.

6.02 Termination for Material Breach. Any party may, at its option, terminate this agreement in the event of a material breach by another party. Such termination may be effected only through a written notice to another party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches and this Agreement shall terminate in the event that such a cure is not made by the end of such period. The claim of material breach justifying termination shall be limited to the specific breached set forth in the above written notice as explained, supported and negated by evidence.

6.03 Consequences of Termination. In the event this Agreement is terminated in accordance with article 6.02 hereof, this Agreement shall remain in force with respect to the parties other than the party found in material breach of this Agreement pursuant to article 6.02 hereof. Articles IV, V, VI and VII shall in any event survive termination of this Agreement."

@Manu

Yes. I stated a few days ago that the "Hyperion + ACube vs Amiga Inc + ACK" senario was ridiculous. I think I may have to eat my words.

In the end, I dont think the users will lose out, and I suspect that OS4 will be distributed with new hardware, despite the legal dispute in the background.

If theres any casaultys I think it will be Hyperions bank account. Regardless of wether Hyperion goes under, I suspect that Amiga Inc will recruit Hans-Joerg Frieden and Thomas Frieden to continue work on the OS.

I have so many thoughts running through my head, but I really dont know enough about whats happened behind the scenes, (none of us do really), so I'm not going to speculate any further.

@sundown

Quote:

Amiga Inc.

Oh my..
Why can't these clowns just leave the Amiga alone.

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Selur erutangis siht

@T_Bone

Quote:

T_Bone wrote: @sundown Quote: sundown wrote: Amiga Inc. In 2001, Amiga, Inc. entered into a license for the development of AmigaOS 4.0 with AmigaOne® Partners, collectively Hyperion VOF and Eyetech Group Ltd. The license agreement was terminated on December 20, 2006. Just when you think things can't get more complicated and bizarre, it does. Didn't Bill McEwen just say they bought AOS4 from Hyperion? Now the license is supposedly canceled for the OS they already say they bought from before the final update/release of OS4? I can't keep track of this stuff anymore, my walls would look like a scene from "A Beautiful mind."

Ok, my headache is gone, thanks tylenol.

So Amiga Inc terminated the contract to develop OS4 on December 20, 2006, then Hyperion, in response, wrapped up all work done thus far and released it as a final update, and corrected anyone calling it a release, saying it was released far earlier, to which AI responded the OS is ours we bought it back, to which Hyperion responded no you didn't, and the kernel is only binary licensed and AI won't have source to port to new hardware without them, to which AI responds by partnering with someone with source given to them by Hyperion already in order to port it himself to his hardware, while Hyperion is working on their own port of their own kernel (for existing OS4, not OS4 itself, no license) to hardware from their hardware partner.

or something like that?

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"If you want to tell people the truth, make them laugh, otherwise they'll kill you." - Oscar Wilde

@jahc

Quote:

jahc wrote: I have so many thoughts running through my head, but I really dont know enough about whats happened behind the scenes, (none of us do really), so I'm not going to speculate any further.

I've reached my speculative limit, my brain exploded.

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"If you want to tell people the truth, make them laugh, otherwise they'll kill you." - Oscar Wilde

@T_Bone

Putting that onto their website maybe means the
lawyers has come to a conclusion.

I hope Rogue could tell us what's going on.

What do you have to do to get his comments on this ?
Spell his name wrong ??

_________________
AmigaOS or MorphOS on x86 would sell orders of magnitude more than the current,
hardware-intensive solutions. And they'd go faster.-- D.Haynie

@alx

Quote:

While I don't know about the contract, I do remember someone from Hyperion saying when OS4 Final was released that the OS had essentially been released when the first CDs were sent, hence wording it the "final update". I'll try to see if I can find that.

Dunno, but that quote you found does make more sense now.


I think.

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Site admins are people too..pooff!

@T_Bone

Quote:

or something like that?

Sounds about plausible...

But did Amiga Inc. "buy back" also all the stuff that was added only after they "bought back" the OS?

Hey, this is fun! ... ... NOT. Let's see what will happen, maybe they will get their act together.

@dirigent

Quote:

dirigent wrote: Hey, this is fun! ... ... NOT. Let's see what will happen, maybe they will get their act together.

Maybe, but this stuff is coming out like test farts, as if AI are looking around trying to gauge how people might react to the whole smelly thing at once.

(apologies for the analogy)

I don't know what act AI can get together without Hyperion.

Last edited by T_Bone on 30-Apr-2007 at 08:51 AM.

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"If you want to tell people the truth, make them laugh, otherwise they'll kill you." - Oscar Wilde

@Manu

Quote:

I hope Rogue could tell us what's going on.

Don't count on that. Rogue is not Hyperion and "only" a contractor. An official response by Hyperion (i.e. by "HyperionMP") would be much better. This is at least how they acted after the 25 Q&A with McEwen had been published.

@sundown

Well I certainly don't recall this being on that page before. In fact, the page was a good bit longer than that if I recall correctly.

I suspect this has more to do with Eyetech no longer being around, and both parties (Amiga and Hyperion) needing to come up with a new contract. It could also indicate that the legal issues have been settled one way or the other.

This could also be why Adam had to retract the new hardware news info that he wanted to share the first week in January, where he claimed he was advised to wait.

@herewegoagain

Quote:

Well I certainly don't recall this being on that page before. In fact, the page was a good bit longer than that if I recall correctly.

The old website is still online.

Quote:

I suspect this has more to do with Eyetech no longer being around, and both parties (Amiga and Hyperion) needing to come up with a new contract.

This wouldn't consitute a "material breach" of one party.

Quote:

It could also indicate that the legal issues have been settled one way or the other.

I highly doubt it (unfortunately).

Last edited by hatschi on 30-Apr-2007 at 10:48 AM.