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Tigger
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:08:13
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Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @saimo
Its attached to Fleecy's deposition. Its virtually identical (this one has signatures) to the one leaked 2 or 3 years ago. -Tig _________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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jorkany
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:13:29
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Cult Member |
Joined: 1-May-2005 Posts: 920
From: Space Coast | | |
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| @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.
_________________ Here for the whimpering end |
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jorkany
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:15:27
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Cult Member |
Joined: 1-May-2005 Posts: 920
From: Space Coast | | |
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| @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.
_________________ Here for the whimpering end |
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number6
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:16:59
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Elite Member |
Joined: 25-Mar-2005 Posts: 11540
From: In the village | | |
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| @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 _________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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Tigger
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:17:11
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @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_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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billt
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:20:42
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Elite Member |
Joined: 24-Oct-2003 Posts: 3205
From: Maryland, USA | | |
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| @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
_________________ All glory to the Hypnotoad! |
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Tigger
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:20:45
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @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.
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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_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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GazSP
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:23:07
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Regular Member |
Joined: 28-Apr-2004 Posts: 394
From: Bristol, UK | | |
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| @jorkany
And the reason is?? _________________ ... |
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Tigger
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:24:17
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| 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.
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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_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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jorkany
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:33:26
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Cult Member |
Joined: 1-May-2005 Posts: 920
From: Space Coast | | |
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| @GazSP Quote:
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".
_________________ Here for the whimpering end |
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GazSP
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:38:19
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Joined: 28-Apr-2004 Posts: 394
From: Bristol, UK | | |
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| @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
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:40:19
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Cult Member |
Joined: 1-Nov-2003 Posts: 573
From: Cheltenham or London, UK | | |
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| @Tigger
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As I told Benji during Amiwest 2003 |
Umm... Not me... I wasnt there...
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dirigent
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:46:39
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Regular Member |
Joined: 30-Mar-2003 Posts: 169
From: Unknown | | |
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| @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.
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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
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 15:57:15
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @Benji
Benji - Benjamin Hermans
Pseudo lawyer and cause of most of the problems in the Amiga Community. -Tig
_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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Colin_Camper
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 16:02:33
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Super Member |
Joined: 6-Jul-2003 Posts: 1188
From: Unknown | | |
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| @Swoop
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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
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 16:08:32
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Elite Member |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @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 . -TigLast edited by Tigger on 01-May-2007 at 04:09 PM.
_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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SpaceDruid
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 17:08:47
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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. | | |
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| 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.
_________________ "Anyone with a modicum of reasonableness may realize that it is like comparing the ride in the world to descend the stairs to catch the milk in the house."
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asymetrix
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 17:43:10
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Cult Member |
Joined: 9-Mar-2003 Posts: 868
From: United Kingdom | | |
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| @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.
_________________ Download 499.26 Mbps, 659.94 Mbps Upload :) |
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dirigent
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 17:46:52
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Regular Member |
Joined: 30-Mar-2003 Posts: 169
From: Unknown | | |
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| @asymetrix
Hear, hear! Amen to that bro.
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stevieu
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Re: Amiga Inc Started trial versus Hyperion Posted on 1-May-2007 17:50:56
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Cult Member |
Joined: 23-Apr-2003 Posts: 647
From: England, UK | | |
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| @asymetrix
In a 'perfect' world :)
_________________ A1200T - OS4.0,OS3.9: 603e PPC 200mhz,060 50mhz, 256mb ram, FastATA MK-III, BVision, 160gb,20gb HDDs
A1200 - OS3.1: Blizzard IV 030, 64mb ram, 400mb HDD
OS4.x - Flying the AMIGA flag |
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