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      /  Hyperion/ITEC/AMINO Agreement posted on Justia.com
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PosterThread
Lou 
Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 18:42:49
#1 ]
Elite Member
Joined: 2-Nov-2004
Posts: 3832
From: Rhode Island

Read all the details now.

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Hondo 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 19:01:27
#2 ]
Super Member
Joined: 10-Apr-2003
Posts: 1340
From: Denmark

@Lou

Wow i managed 10% reading, and my head started feeling dizzy

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Amiga1200Mark 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 19:04:08
#3 ]
Regular Member
Joined: 25-Jul-2008
Posts: 139
From: Liverpool

@Lou

Great news

Does this mean the MAP will be revealed now?

Heres to 2010 and Amiga...

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SpaceDruid 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 19:21:33
#4 ]
Super Member
Joined: 12-Jan-2007
Posts: 1747
From: Inside the mind of a cow on a planet that's flying through space at 242.334765 miles per second.

@Lou

I read as much as I could before my head imploded, but could see no glaringly obvious legal holes to be exploited by a future party in an attempt to continue the saga.

Could this mean that the legal shenanigans if really finally at an end? This is like that moment when I turned the page in War & Peace and found no more pages.

One has to wonder though did they really need to give so much money to lawyers in order to end up with the contract they (both parties) should have signed in the first place?

At least now we can see that there are no secret investors in Amiga Inc and that Amiga were actually doing something regarding licensing their technology to third parties during the quiet times that actually made sense.

I've heard claims that Hyperion can market OS 5 and beyond, can anyone point out the bit in there that says so? All I see is mention of OS 4 and Amiga Inc not being able to call any of their products "AmigaOne" or "AmigaOS".

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ChrisH 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 19:57:53
#5 ]
Elite Member
Joined: 30-Jan-2005
Posts: 6672
From: Unknown

@SpaceDruid Quote:
One has to wonder though did they really need to give so much money to lawyers in order to end up with the contract they (both parties) should have signed in the first place?

When a lawsuit is started, the only REAL winners are the lawyers

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ChrisH 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 19:59:54
#6 ]
Elite Member
Joined: 30-Jan-2005
Posts: 6672
From: Unknown

Justia.com doesn't seem to work in OWB??? Or is the site just overloaded at the moment?

edit: OK, it's working now, although preview thingy seems to use Java/Flash/something, so having to download as PDF to view it.

Last edited by ChrisH on 14-Dec-2009 at 08:03 PM.

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I can usually be found on www.Amigans.net (my favourite Amiga forum).
It is pitch black. You are likely to be eaten by a grue...

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ChrisH 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 20:21:42
#7 ]
Elite Member
Joined: 30-Jan-2005
Posts: 6672
From: Unknown

@SpaceDruid
It sounds pretty clear from the agreement that Amiga plans to manufacture/market (something like) a joystick with a built-in Amiga chipset (FPGA or otherwise) for playing some Amiga games... I'd guess it might be based on the MiniMig, since that should be the cheapest option for them.

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Trev 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 20:36:27
#8 ]
Cult Member
Joined: 24-Jul-2005
Posts: 777
From: Sacramento, CA, USA

@ChrisH

I think the joystick was just an unambiguous example, as Amiga Inc.'s recent Amiga-related revenue appears to be limited to licensing Kickstart 1.3.

_________________
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borked A1200/Blizzard1260+SCSI-IV/Z4+MediatorZIV/Deneb/Voodoo3/CatweaselMk3
more borked A1200/MBX1200z/Indivision
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Kicko 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 20:55:15
#9 ]
Elite Member
Joined: 19-Jun-2004
Posts: 5006
From: Sweden

And you really thing they will build anything ?

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Hyperionmp 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 21:04:44
#10 ]
Hyperion
Joined: 8-Mar-2003
Posts: 502
From: Unknown

@SpaceDruid

Since the rights of Hyperion to the "AmigaOS" trademark are exclusive, nobody but Hyperion can release AmigaOS 5, 6 etc.

Moreover, please verify the definition of "AmigaOS" ( 1 d.).

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Trev 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 21:17:58
#11 ]
Cult Member
Joined: 24-Jul-2005
Posts: 777
From: Sacramento, CA, USA

@Hyperionmp

Amusing observation: On the surface, Amiga, Inc. has fewer rights with respect to AmigaOS and AmigaOS-like operating systems than the authors of AROS and MorphOS. Amiga, Inc. could clean room engineer its own clone, but I doubt that would survive any kind of scrutiny, despite the much lauded (read: overestimated) compliance skills of Indian development houses.

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borked A1200/Blizzard1260+SCSI-IV/Z4+MediatorZIV/Deneb/Voodoo3/CatweaselMk3
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guruman 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 21:25:27
#12 ]
Regular Member
Joined: 20-Jun-2007
Posts: 130
From: Padova, Italy

@ChrisH
Quote:
ChrisH wrote:
Justia.com doesn't seem to work in OWB??? Or is the site just overloaded at the moment?

edit: OK, it's working now, although preview thingy seems to use Java/Flash/something, so having to download as PDF to view it.

It's actually Flash, and working like a charm in OWB+swfdec on MorphOS (I guess you could use Gnash, but downloading the PDF is more convenient anyway).

Kind regards,
Andrea

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number6 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 21:27:04
#13 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9691
From: In the village

@Hyperionmp

Can you explain in laymans' terms page 34 (b) about Prokom and "foreclosure".
I also see mention of a lien filed by same on page 41.

How (if in any way) could their actions affect Hyperion?

Thanks.

#6

Last edited by number6 on 14-Dec-2009 at 09:29 PM.

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-Sam- 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 21:35:20
#14 ]
Elite Member
Joined: 18-Apr-2003
Posts: 2933
From: Yorkshire Dales, United Knigdom

@Amiga1200Mark

Quote:
Does this mean the MAP will be revealed now?


One can only hope.

Getting the ownership sorted out was a massive step forwards. Now Hyperion need to lay out their plans in a little more depth if they are to generate the interest they need and deserve.

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Trev 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 21:37:15
#15 ]
Cult Member
Joined: 24-Jul-2005
Posts: 777
From: Sacramento, CA, USA

@number6

Read 18 and if you need more information, the US Bankrupty Code.

_________________
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borked A1200/Blizzard1260+SCSI-IV/Z4+MediatorZIV/Deneb/Voodoo3/CatweaselMk3
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itix 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 21:39:04
#16 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3390
From: Freedom world

@Lou

Main points appear to be:

The OS:
* Hyperion is the sole owner of OS4 (with the exception of OS3.1)
* Hyperion can use whatever means to develop, sell and distribute OS4
* Amiga can not sell, sublicense or distribute (etc etc) OS 3.1 or any similar operating system (AmigaDE/AA Scheisse is not considered as a similar operating system here) but Amiga can distribute OS 3.1 (without modification and without UI) with things like joysticks
* Amiga is still owner of Amiga OS

Trademarks:
* Hyperion can use AmigaOne, Amiga One, AmigaOS and Amiga OS trademarks
* Hyperion can not use Amiga trademark

Disparaging:
* Amiga will not at any time portrait Hyperion in a negative or disparaging manner
* Hyperion will not at any time portrait Amiga in a negative or disparaging manner

Other:
* Amiga should use boing ball in their product promotions as much as possible
* Hyperion must inform Amiga about trademark and software infringements, Amiga takes an action then

Dunno if I understood it correctly but that is how I read it.

Last edited by itix on 14-Dec-2009 at 10:12 PM.

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Trev 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 21:43:04
#17 ]
Cult Member
Joined: 24-Jul-2005
Posts: 777
From: Sacramento, CA, USA

@-Sam-

I think Hyperion would be better served by keeping quiet. Grand statements and premature announcements are exactly the sort of thing Amiga, Inc. (and other unsuccessful companies) do to drum up support for nonexistent products. Then again, if the Hyperion business plan dictates Big Plans and Public Disclosure, more power to them.

EDIT: Uh, we don't "drump" up support.

Last edited by Trev on 14-Dec-2009 at 09:56 PM.

_________________
Sam440ep-flex 733 MHz/1 GB RAM/Radeon 9250/AmigaOS4.1 Update 2
borked A1200/Blizzard1260+SCSI-IV/Z4+MediatorZIV/Deneb/Voodoo3/CatweaselMk3
more borked A1200/MBX1200z/Indivision
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A600/A603
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itix 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 21:55:40
#18 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3390
From: Freedom world

And licenses:

Cloanto: worldwide rights sufficient to support Amiga Forever
Hack & Patch: worldwide rights to OS 3.5 and OS 3.9 but Amiga considers license is terminated (dunno if OS 3.5/3.9 is illegal now)
Data Storage Advisors AG: worldwide rights to something
eGames: worldwide rights to kickstart modules
On Broadband Networks: rights in north america for kickstart modules
Envizion: worldwide rights to kickstart modules
Ironstone partners: worldwide rights (until the end of 2015) for stuff for their emulation stuff

Last edited by itix on 14-Dec-2009 at 10:21 PM.
Last edited by itix on 14-Dec-2009 at 10:20 PM.

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fairlanefastback 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 22:21:12
#19 ]
Team Member
Joined: 22-Jun-2005
Posts: 4874
From: New York, USA

@number6

Quote:

number6 wrote:
@Hyperionmp

Can you explain in laymans' terms page 34 (b) about Prokom and "foreclosure".
I also see mention of a lien filed by same on page 41.

How (if in any way) could their actions affect Hyperion?

Thanks.

#6


Itec and Prokom appear to have UCC filing statements from 2006 and 2007 respectively with Amiga and/or Amino (its not clear if its with one or both - its being with Amiga Delaware is more likely). The Uniform Commercial Code (UCC) financing statements record and protect a secured party's interest in the collateral offered by a debtor for a loan. The UCC system gives public notice of the debtor-secured party relationship and the collateral involved.

Itec seems to be assigning partial rights to Hyperion in their existing statement from 2006. The rights they are assigning over to them are "assigning of full interest" for related trademarks and OS 3.1 source.

So what seems to be happening is that its an extra written assurance that if Amiga and/or Amino go under there is no question that Hyperion not only has a permanent license to the rights but at that time becomes the rights owner (though Amiga and/or Amino get 3 years to recover them based on a 3rd party valuation).

The other rights Itec has in the rest of the original UCC from 2006 are probably interests related to other things, like maybe DE, etc.

The Prokom UCC is not included. it would be interesting to see if there was a way to look up what in that. But this agreement seems to indicate that if Prokom took action on their 2007 agreement that Hyperion could take action on the amended 2006 Itec one for which rights have been re-assigned to them. And the 2006 agreement precedes the 2007 one anyway, plus Prokom was sold very little stock from a percentage advantage anyway (which we learned from a previous annual report from Prokom).

If anything this appears to really put Hyperion in a good spot. But IANAL.

The best part is, unless I missed something, Hyperion did not have to pay anything for this. God bless William Kinsel (Hyperion's lawyer).

Last edited by fairlanefastback on 14-Dec-2009 at 10:28 PM.
Last edited by fairlanefastback on 14-Dec-2009 at 10:26 PM.
Last edited by fairlanefastback on 14-Dec-2009 at 10:24 PM.
Last edited by fairlanefastback on 14-Dec-2009 at 10:21 PM.

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fairlanefastback 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 14-Dec-2009 22:33:10
#20 ]
Team Member
Joined: 22-Jun-2005
Posts: 4874
From: New York, USA

@ChrisH

Quote:

ChrisH wrote:
@SpaceDruid
It sounds pretty clear from the agreement that Amiga plans to manufacture/market (something like) a joystick with a built-in Amiga chipset (FPGA or otherwise) for playing some Amiga games... I'd guess it might be based on the MiniMig, since that should be the cheapest option for them.


IMHO I favor the conjecture that Amiga doesn't really plan to do anything, they just did not want to have nothing to say at all I think.

Prokom appears to be out a lot of money, if they are smart they will start pressing Amiga, Inc. on what it was spent on, if they have not already.

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