Aw geez, this is completely ####ed up. It's going to be at least another year before this gets resolved, and even if amiga inc win the suit, the OS4 contributors are just going to get ####ed off at them. Assuming there is anyone left to buy anything by the time the dust settles, there may not be much of an OS to sell either. Manu's avatar is *almost* correct - it should say "Amiga" on the tombstone instead of Sam.

@opi

Quote:

I have read it after Rich posted a link. It looks like strong evidence against Hyperion.

Evidence ? They were claims and statements. Who knows, what is truth, since there wasn't original contract, contract between KMOS and twins without signatures.

Or did I miss something? Possible, I'm not native english speaker.

Didn't mean, that it could not be true.

However, this start to be enought for me. Sad day anyway.

@nicholas
Quote:

The court documents suggest Hyperion are the ones who mucked up.

That is who I ment not at all in the thread sorry!

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@nicholas

ANAKIN: Sometimes, I wonder what's happening to the Jedi Order . . . I think this war is destroying the principles of the Republic.

PADME: Have you ever considered that we may be on the wrong side?

ANAKIN: (suspicious) What do you mean?

PADME: What if the democracy we thought we were serving no longer exists, and the Republic has become the very evil we have been fighting to destroy?

ANAKIN: I don't believe that. And you're sounding like a Separatist!

PADME: Anakin, this war represents a failure to listen . . .

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@Slash

Quote:

WTF?! What constitutes an AmigaOne then?!

I think same. Maybe AmigaOne is not specified enought well, since you can fight with it ...

@nicholas

Quote:

nicholas wrote: @Magic Quote: Magic wrote: @all I diddnt want to post at all in this thread but, im getting fed up reading about this. What can I say - "well done thanks for mucking it up for all of us." Two more weeks? .... The court documents suggest Hyperion are the ones who mucked up.

Yes, I was about to say. I commented on OSN:

Quote:

No offence guys, but reading through the legal document presented by Ainc, these guys don't have a weak case at all. Of course this is just one side of the story, but it makes an awful lot of sense. If you have an agreement with someone to do job X by date Y, and this someone violates that date by well over 4 years, well, then that's a pretty big breach of contract. The same goes for the hardware case. The Hyperion website indeed advertises with AOS4 for various pieces of hardware, which is not allowed by the agreement. Again, a fairly strong point. On top of this, they use the 'Amiga' trademark as well as the Boing logo for this, which is indeed appears to be a copyright infringement. It might very well be that Ainc are a buch of swindlers, but judging by this court document, they have a darn strong case, I'd say. It's going to be interesting to see what Hyperion has to say.

@Hans

Quote:

we'll have to wait and see what kind of documents Hyperion use in its defence

Do they have money for fighting ... ?

@mlehto

Quote:

Evidence ? They were claims and statements.

Take a look at the end of the document. Sinps of contracts, cash orders from AI to Hyperion, communication between AI and thier investors and AI lawyers and Ben H. And facts: if they where asked to deliver in 2006, and didn't and if they named the 2006 "final update" (and we knew it's an attempt to rewrite history) and it wasn't, if they didn't deliver features requested and did some others and signed a deal about OS4 if they could not according to agreement, then, well...

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@Mikey_C


Quote:

From what I recall, I was under the impression that Eyetech brought out the MicroA1's because they were not likely to get the money they had loaned Amiga inc, before the re-sell, where Amiga inc got "Brought out" by Garry Hare. Apparently Eyetech had loaned Amiga inc money to stay afloat, when the "Buyout" happened Eyetech lost the lot, so in order to re-coup the lost cash, Eyetech brought out the MicroA1. (notice it wasn't called the Micro AmigaOne)

Quote:

Unfortunately, when Amiga got some cash and threatened to sue Eyetech for unpaid licenses, thats when Eyetech got out and disappeared without a trace. Disclaimer. This is what I have heard.

In the actual words of Alan Redhouse:
Quote:

Amiga Inc ran out of money and so couldn't fund OS4. Ben, Fleecy and I brokered a deal whereby Hyperion ported OS4 at no charge to Amiga Inc and, in return, Hyperion would keep the subsequent sales revenues for OS4 on the AmigaOne platform. In the end this turned out to be a much, much bigger task than Hyperion had reckoned on, and several times the project came very close to folding. We had to step in on more than one occasion to keep it afloat.

Quote:

Please make no mistake, without Eyetech putting its money on the line there would not just have been no AmigaOne, there would have been no OS4 either.

#6

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@number6

Quote:

Unfortunately, when Amiga got some cash and threatened to sue Eyetech for unpaid licenses, thats when Eyetech got out and disappeared without a trace. Disclaimer. This is what I have heard.

Way to go McEwen!

@opi

I understood, but still I miss original contract. And where hell is signatures from contract between KMOS and twins ? This paper is worth of toilet-paper without, but it comes truth, if defendant is not present in court.

Sorry if I look thik-headed, but I really miss basic or root information. If McEwen claims are correct, why leave out basic and supposelly hard evidence ?

I know, that paper looks water-tight. But it could be well written fantasy. Ppl used to speak lot of #### in court.

I don't try to defend hyperion or anything. My life in amigaland is finished and my intrest about that suite is purely academic.

@all

Regarding what is an amigaone:
In the words of Amiga Inc. Fleecy Moss October 14. 2003:

Quote:

As for the AmigaOne, AmigaOne is an exclusive trademark which belongs to Eyetech Ltd. They are the only ones who can manufacture and sell a product called the AmigaOne. They can sell these products on to dealers who can then sell AmigaOnes.This is the final, definitive comment on AmigaDE and AmigaOS4.0 concerning third parties and OEMs having it ported to their hardware. If you read anything else, it is not true and you should report it to us and the parties are mis-representing Amiga Inc in public.

Err...does that mean now that you have read Bill's statements that you should report this, as Fleecy suggests? And, if so, to erm...whom?

#6

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@mlehto

Quote:

mlehto wrote: @opi Quote: I have read it after Rich posted a link. It looks like strong evidence against Hyperion. Evidence ? They were claims and statements. Who knows, what is truth, since there wasn't original contract, contract between KMOS and twins without signatures. Or did I miss something? Possible, I'm not native english speaker. Didn't mean, that it could not be true. However, this start to be enought for me. Sad day anyway.

As part of Bill McEwens deposition, he included the contract (which has the 25K, buyback in it as we had seen before) and copies of the wiretransfers to Hyperion for 25K, plus additional funds (little over 7K) that Hyperion said was also necessary, and this all happened in 2003. We also have copies of letters sent in November of last year as part of the 30 day contract cancellation phase. At this time AI sent an additional 8K+, which Hyperion was arguing was also part of the buyback. At this point AI has paid over 40K and not received what they paid for, in addition, we now know that they have exercised the cancellation of the agreement and we are all witnesses that after December 20th (last day of the agreement), Hyperion continued actions with the OS, including shipping the final version to the AmigaOne owners. Its also very interesting that McEwen makes comments that the MicroA1s werent licensed, which has been rumored for years and has now been confirmed. I think the faux lawyer has gotten Hyperion in trouble with AI, much like he got AI in trouble with Thendic with that other poorly written contract. Its going to be hard to argue that AI didnt buy back the OS, when the cashed the checks, kept the money and argued they were owed more (and AI in fact did pay the additional funds).
-Tig

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@Tigger

Original contract is earlier, or did I miss something ?

Yes, I'm bit difficult (today...)

Last edited by mlehto on 30-Apr-2007 at 05:08 PM.

@smithy
Quote:

It's interesting that the lawsuit is over the trademark rather than the ownership of AmigaOS.

Not if OS4 isn't based on the original source, which is what I've been saying for a couple of years now.

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@Raffaele

That's some pretty screwed up news. However, let level heads prevail - why throw yourselves away from the Amiga just because a company who have done NOTHING for the last "few" years starts rocking the boat?

Let's see how this plays out before we all jump over the side eh.

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@Thom_Holwerda

Quote:

Yeah well, #### happens.

No denying that. Just commenting that it looks funny that both stories are on the front page.

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I thought that the final release last year was a bit strange. I mean, there was no new hardware, and the final release didn't contain any key components not available in the previous pre-releases, right? And it wasn't merely a bug fixed release, some new features were added, copared to previous releases.

One possible explanation could be that Hyperion found a loop hole, and constantly put the deadline to the future, with the aim to finally be able to use that hole and get full rights. Like someone said, it can't economically sane to keep up the work for X years, and be able to loose everything to Amiga Inc for $25000.

Or it's something else.

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From briefly reading the court docs I have to say that Amiga do appear to have a case (and I must confess to being puzzled by the pre-dating of OS4's release at the time). The ironic thing though is that most of the alleged breaches of contract were the result of Hyperion doing things to help the platform that A inc don't seem to have bothered about - promotion on the website, finding hardware partners etc.

Whatever the outcome though, Amiga inc have managed to botch the handling of this beyond all belief - they must have know this would end up in the community sooner or later, and the very least they could have done is a statement beforehand to clear up any misconceptions. Heck, they may even have been able to have come up with a joint statement from Hyperion along the lines of "we disagree however the current situation will not jeopardise the timely release of OS4 systems". This lawsuit has done far more damage to the reputation and potential sustainability of OS4 than anything Hyperion did has.

Of course, what did happen suspiciously shortly beforehand was the ACK announcement. One possibility is that A inc, realising that relations with Hyperion had broken down beyond all repair, is using some of their newly found capital to get something underway to replace what the Sam would have brought to the scene, in which case there may be a bright future somewhere. The alternate analysis is that they wanted an announcement - any announcement - to pre-empt this lawsuit becoming public, in an attempt to (in the event, unsuccessfully) convince convince folks that all was well. In which case the Ack systems may simply be yet more vapour cobbled together in a rush

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@Thom_Holwerda

Yes but suing after 4 years instead of then also shows there is more to it so I doubt a judge will count this fact. Also Hyperion helped in the whole Genesi, Amiga, Itec story so I think this lawsuit might drag this whole miserable #### into next year.

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