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      /  Amiga Inc. started trial versus Hyperion
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Tigger 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:08:13
#281 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@saimo

Its attached to Fleecy's deposition. Its virtually identical (this one has signatures) to the one leaked 2 or 3 years ago.
-Tig

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jorkany 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:13:29
#282 ]
Cult Member
Joined: 1-May-2005
Posts: 920
From: Space Coast

@dirigent
Quote:
But also I wonder why AI didn't take them to court much earlier, as it was known within this community for a long long time already that Hyperion changed their plans for OS4, which according to AI's statements now they should have realised much earlier was not in agreement with the contract. Maybe lack of money.

Probably has more to do with the fact that Hyperion hasn't been trying to distribute OS4 until now.

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jorkany 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:15:27
#283 ]
Cult Member
Joined: 1-May-2005
Posts: 920
From: Space Coast

@takemehomegrandma
Quote:
The big question is WHY Hyperion went ahead with their mammuth development plans *without* an updated contract as a ground for it? THAT has doubtless caused Hyperion lots of problems...

I can think of a reason. That reason also explains a lot of other things about Hyperion.

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number6 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:16:59
#284 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@all

Excuse me for reposting my post of February 23, 2007:

Quote:
Depending on the exact nature of the negotiations, the situation could be quite different than what the users expect.
In fact, the power to affect change may not lie in the hands of Amiga Inc., or Hyperion as such. When one hires legal representation to watch out for their best interests, it is the legal representatives that have the power, and not their clients.
More than once I have heard "look, you hired me/us to handle this, now let us do our job". In essence, the decision making process is often taken out of the hands of the client in this sense. It is important imo, to digest the fact that the two principals here have representation, while the users (who the principals claim are the "great value" here) do not.

I'm not suggesting any course of action here to remedy that. I just want all to consider that fact that the powers that be will be working for the best interests of their clients. Their clients are NOT the current or future user base. As current and future users, you only benefit if this "value" has been communicated to legal representatives successfully, so they can incorporate it in their negotiations. Let's hope they have...


We have only heard from Amiga Inc. and Adam so far.
More responses are yet to come.

Question relating to my post above:
Do you think the legal representatives HAVE encorporated US into their negotiations? (which is NOW NOT a negotiation, but a "threat") or
Are they acting just as I indicated above, solely for the interest of their clients? (translation:protecting their clients collective backsides)

#6

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Tigger 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:17:11
#285 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@Geennaam

Quote:

Geennaam wrote:
The original contract can be viewed here under Exhibit A.

The funny thing is that it's signed by Barrie Jon Moss which, as he testifies, resides in the UK and also act as AmigaInc presence in de UK.
So should it be taken to an UK court instead?


No, in fact the contract says where the court case should occur if there is a legal dispute. Thats the state of Washington, which is why they filed suit where they did.
-Tig

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billt 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:20:42
#286 ]
Elite Member
Joined: 24-Oct-2003
Posts: 3205
From: Maryland, USA

@saimo
Quote:
Can anybody please point me to the contract between AInc And Hyperion, please?


It's in Fleecy's pdf file, not Bill's, but I've only seen links to Bill's file. There's a number of other files in the amiga-hyperion directory but I've only read these two so far. I wish they were text PDFs, they seem to be scanned so you can't search for things.

http://www.merlancia.us/amiga-hyperion/decmossshow_case_doc.pdf

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Tigger 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:20:45
#287 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@Plaz

Quote:

Plaz wrote:
@elatour

Quote:
Didn't the owner of DiscreetFX (Bill Panagouleas) reveal in a Total Amiga article of a year or so ago that he had been the infamous Bandito?


Yes, but I was refering more to the myth and history of the Bandito. A shadowy figure with interesting insider information. That would be most helpful these days.


Actually over the years, the bandito was several people, I don't remember Bill fessing up to that, but if he did, he was one of the later ones.
-Tig

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GazSP 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:23:07
#288 ]
Regular Member
Joined: 28-Apr-2004
Posts: 394
From: Bristol, UK

@jorkany

And the reason is??

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Tigger 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:24:17
#289 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

Quote:

dirigent wrote:
@ChrisH

Quote:
The big quest is WHY the written contract was never updated. It's a big mystery,


That's true. Maybe Hyperion was hoping to be able to use the bankruptcy statement of the contract.


As I told Benji during Amiwest 2003, US bankruptcy law wouldnt allow that codecil to be enacted, its quite specific about that. In fact if AI had declared bankruptcy, the most likely owner of the OS would have been Bolten Peck :).
-Tig

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jorkany 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:33:26
#290 ]
Cult Member
Joined: 1-May-2005
Posts: 920
From: Space Coast

@GazSP
Quote:
And the reason is??

I thought I'd made it clear in my past postings. How to put it delicately? I'm thinking of the plural form of a word that starts with "m", ends with "n" and rhymes with "boron".

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GazSP 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:38:19
#291 ]
Regular Member
Joined: 28-Apr-2004
Posts: 394
From: Bristol, UK

@jorkany

Fair enough.

Sorry, couldn't be ar$ed to read all of the previous posts. Just catching the highlights.

Last edited by GazSP on 01-May-2007 at 03:38 PM.

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Benji 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:40:19
#292 ]
Cult Member
Joined: 1-Nov-2003
Posts: 573
From: Cheltenham or London, UK

@Tigger

Quote:
As I told Benji during Amiwest 2003


Umm... Not me... I wasnt there...

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dirigent 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:46:39
#293 ]
Regular Member
Joined: 30-Mar-2003
Posts: 169
From: Unknown

@jorkany

Quote:

jorkany wrote:
@dirigent
Quote:
But also I wonder why AI didn't take them to court much earlier, as it was known within this community for a long long time already that Hyperion changed their plans for OS4, which according to AI's statements now they should have realised much earlier was not in agreement with the contract. Maybe lack of money.

Probably has more to do with the fact that Hyperion hasn't been trying to distribute OS4 until now.


Ok, so maybe AI orally accepted the changes to the plans or at least didn't protest loudly enough, especially as Hyperion possibly kept promising them Two More Weeks or something.

But there was never a contract about the changes to what defines "OS4" (allegedly), and now there are these problems. Maybe by not protesting loudly enough AI were implicitly consenting to the developments?

-- Edit: Also, what's this Bandito talk about? Somehow I missed this part of history...

Last edited by dirigent on 01-May-2007 at 03:49 PM.

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Tigger 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 15:57:15
#294 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@Benji

Benji - Benjamin Hermans

Pseudo lawyer and cause of most of the problems in the Amiga Community.
-Tig

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Colin_Camper 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 16:02:33
#295 ]
Super Member
Joined: 6-Jul-2003
Posts: 1188
From: Unknown

@Swoop

Quote:
Lets wait for Hyperions take on this, or should I say Hyperions lawyers take on this.


If you mean the Friedens; Don't forget they left this place in a sulk.

So I wouldn't hold you breath.

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Tigger 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 16:08:32
#296 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@dirigent

Quote:

dirigent wrote:
@jorkany

-- Edit: Also, what's this Bandito talk about? Somehow I missed this part of history...


In the magazine Amazing Computing which was dedicated to the Amiga Computer there was a column called Roomers written by someone called the Bandito, lots of interesting things were posted there before they were common knowledge. Over the years several people wrote the column, Bill has confessed to being the last Bandito, rumored former banditos are Kibbles and Bits, the Frog and Dale Luck. Despite rumors to the contrary, I was not one of the banditos, just one of the Banditos sources .
-Tig

Last edited by Tigger on 01-May-2007 at 04:09 PM.

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SpaceDruid 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 17:08:47
#297 ]
Super Member
Joined: 12-Jan-2007
Posts: 1748
From: Inside the mind of a cow on a planet that's flying through space at 242.334765 miles per second.

Post deleted so as not to bias my topic "Amiga Inc, The good guys?"

Last edited by SpaceDruid on 01-May-2007 at 06:08 PM.

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asymetrix 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 17:43:10
#298 ]
Cult Member
Joined: 9-Mar-2003
Posts: 868
From: United Kingdom

@takemehomegrandma

Very interesting - both Amiga Inc and Hyperion made mistakes & got carried away with promoting & extending Amiga OS 4.0.

Settle this.

Hyperion - how much do you want for services rendered for say 5 years work ?

Amiga Inc - Just pay Hyperion $1.5 Million for the extra work done for a polished product.

Both companies start selling and marketing Amiga OS4.0 on ANY PowerPC based hardware as stated in the contract.

With Hyperion also having unlimited FREE licence to use the Amiga names/ logos etc.

Amiga Inc got a better than expected product out of this.
Hyperion made a better product than what was agread in intolerable despirate times.

Both companies promoting their own hardware and software solutions is a healthy market - A market with hardware to buy .

So stop being silly - pay what it takes - we are all Amigans here.





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dirigent 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 17:46:52
#299 ]
Regular Member
Joined: 30-Mar-2003
Posts: 169
From: Unknown

@asymetrix

Hear, hear! Amen to that bro.

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stevieu 
Re: Amiga Inc Started trial versus Hyperion
Posted on 1-May-2007 17:50:56
#300 ]
Cult Member
Joined: 23-Apr-2003
Posts: 647
From: England, UK

@asymetrix

In a 'perfect' world :)

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