@kolla/matthey

My point here is that -after- the deposition, the case took a turn and was decided on (in plain english):
"wrong company filed the lawsuit in the 1st place".

This results in the appeal to the 9th circuit court of appeals.

Anyway, again this is all irrelevant atm whereas the Commercial Court of Belgium -is- relevant.

#6

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@thread

Hyperion Entertainment social media is back up

"Creators of AmigaOS"

mkay.

#6

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@thread

Just a little comedy to break the tension:

Quote:

Legal representation: Artes Law acts as the legal counsel for Amiga, Inc. in this dispute, representing their interests in court against Hyperion Entertainment's claims.

This is generative AI's attempt to bring us up to date.

Could it be more wrong?

Quote:

Generative AI is experimental.

You don't say...

#6

Last edited by number6 on 28-Jan-2025 at 05:56 PM.

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@matthey

About 70 comments and still going, on one of our Polish websites:

Source

#6

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@number6

All have butterfly icons, why do butterfly morphos users care so much?
perhaps just ignore the noise, where is MorphOS for x86, did not show it years ago, what happened.

Last edited by NutsAboutAmiga on 28-Jan-2025 at 07:35 PM.
Last edited by NutsAboutAmiga on 28-Jan-2025 at 07:34 PM.

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Not sure what you mean. The Polish link?

I see OS4.x developers posting there.

#6

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#6 Quote:

Hyperion Entertainment social media is back up "Creators of AmigaOS"

This could be more evidence of Hyperion challenging the ownership of Amiga IP which is the most likely reason for the oppressive 2009 agreement to go away. Even a court decision and monetary awards for violation of Amiga IP and Cloanto's licensed Amiga IP may not be enough for the 2009 agreement to go away. The 2009 agreement could have gone away due to an illegal contract because of coercion of a business in financial distress to sign the contract but it does not look like the plaintiffs tried for it despite multiple supporting events.

support for illegal coercion of Amiga Inc. in financial distress to sign the 2009 agreement
o Pentti Kouri had recently died who was the financier of Amiga Inc.
o Amiga Inc. had paid for and sued Hyperion for failure to deliver AmigaOS 4 and then turns around and practically gifts it to Hyperion which is illogical
o the contract is completely one sided in benefiting Hyperion to the point of being questionably quid pro quo, itself a reason for the contract to be invalid, is written by Ben with an obvious conflict of interest and there is evidence that it was financially backed by Trevor turning it into a conspiracy
o there is e-mail evidence of Ben intimidating and coercing Bill

I do not understand why the Amiga parties would not try to nullify the contract based on a coerced contract. It also would potentially tie in Trevor to the conspiracy to illegally coerce and maybe defraud Amiga Inc. This may have implementations for Trevor buying Ben's Hyperion shares as the court would be reluctant to sell the shares to a co-conspirator of Ben involved in illegal activity.

One way to expose Trevor's conflict of interest, if he bought Ben's Hyperion stock as I suspect, would be for Amiga Corporation to make an offer to buy or merge with Hyperion which has advantages for both Hyperion and Amiga Corporation.

advantages of Amiga Corporation buying or merging with Hyperion Entertainment
o both businesses would benefit from a large legal savings as the lawsuits would disappear
o Hyperion may no longer have to worry about potentially bankrupting court judgements for Amiga IP violations requiring them to pay Cloanto the profits from retro Amiga IP sales including the AmigaOS (while 68k AmigaOS sales may be considered "AmigaOS 4", the 2009 contract may have previously disappeared due to Hyperion challenging Amiga IP ownership)
o Amiga Corporation could potentially use AmigaOS 4 with "Hyperion" surviving for contract purposes including sub contracted development labor (I hinted at this in an earlier post)
o the combined business would have stronger Amiga IP ownership and be able to use it better

There is the downside of inheriting Hyperion liabilities which could be a problem. It could be an interesting gambit to even enter into merger and acquisition talks now that Ben is gone. The current directors/officers should be more open to talks where the possibility to reduce liabilities is substantial and potentially in the best interest of Hyperion shareholders. Trevor is more likely to want the lawsuits to continue slowly as he has a conflict of interest outside of his Hyperion ownership which would clearly be exposed by him nixing a deal in a shareholder vote. The move could force him to the negotiating table or A-Eon could make a counter offer for Hyperion but that leaves the lawsuits intact that could bankrupt the combined business. Maybe I'm getting ahead of myself and Trevor is not the silent puppeteer pulling the strings hoping to maintain the status quo with the 2009 agreement benefits he financed through his fixer Ben. I believe he is protecting himself rather than doing what is in the best interest of the Amiga though.

#6 Quote:

Just a little comedy to break the tension: Quote: Legal representation: Artes Law acts as the legal counsel for Amiga, Inc. in this dispute, representing their interests in court against Hyperion Entertainment's claims. This is generative AI's attempt to bring us up to date. Could it be more wrong? Quote: Generative AI is experimental. You don't say...

AI lies with no morality or accountability, currently. The stock market had recently been driven by tech stocks and specifically AI. The introduction of cheaper Chinese AI competition yesterday caused the largest single day loss of a business market cap ever as Nvidia's shares dropped ~17%.

https://www.forbes.com/sites/dereksaul/2025/01/27/biggest-market-loss-in-history-nvidia-stock-sheds-nearly-600-billion-as-deepseek-shakes-ai-darling/

Nvidia is back up ~8% today but I am not buying. AI is problematic in too many ways and the top AI stock valuations are ridiculous. It is interesting that Apple stock with less exposure to AI did not experience a dip and went up both days (I own Apple). Microsoft dipped but is in the positive over the last 2 days. I believe tech bubbles are more likely to occur because investors do not understand the tech and software businesses are difficult to value often with minimal assets. Nvidia produces hardware and GPUs even if AI is a bubble so they are safer than some of the AI R&D software businesses at least.

Last edited by matthey on 28-Jan-2025 at 08:31 PM.

@matthey

Hyperion would not have survived with the continuation of Pentti Kouri's funding. It is somewhat inappropriate to call his passing "fortuitous", but for Hyperion it surely was.

However, I can't say what that meant in terms of the settlement itself.

Quote:

o there is e-mail evidence of Ben intimidating and coercing Bill

The infamous "otherwise the gloves come off" letters I gather?

Source

Quote:

One way to expose Trevor's conflict of interest, if he bought Ben's Hyperion stock as I suspect,

I have nothing current on that, but again there were multiple references in news comments to a March hearing involving the shares.

The court doc is dated September and indicates a 6 month period with possibility of extension.
6 months would be March, so that lends more credence to the March date.

The following applies to that date plus any mention you made of what you think may already have transpired. Plain english but feel free to research it yourself:
Quote:

a creditor typically needs a valid court judgment

In other words I believe it's a stretch to say anyone acquired anything until such a judgment is reached.

#6

Added: missing close quote and additional references

Last edited by number6 on 29-Jan-2025 at 03:49 PM.
Last edited by number6 on 28-Jan-2025 at 09:30 PM.
Last edited by number6 on 28-Jan-2025 at 09:15 PM.
Last edited by number6 on 28-Jan-2025 at 09:08 PM.
Last edited by number6 on 28-Jan-2025 at 09:02 PM.

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#6 Quote:

Hyperion would not have survived with the continuation of Pentti Kouri's funding. It is somewhat inappropriate to call his passing "fortuitous", but for Hyperion it surely was. However, I can't say what that meant in terms of the settlement itself.

Hyperion would have likely had to give up the AmigaOS 4 source code as contracted but may have received additional funding to continue development had Pentti survived. The problem was Ben was already challenging Amiga IP ownership by not giving the source code to Amiga Inc. The challenging ownership clause of the 2009 agreement was practically the only way to terminate the contract which was either a mistake by Ben or the one surviving condition insisted by Amiga Inc. Pentti was a smart business man that would have never agreed to anything close to the 2009 agreement. A smart businessman looks at the contract and asks himself, what do I get out of it? Not getting "nuked from orbit", as Ben would later refer to Hyperion being sued, is what was gained after Pentti's financing stopped.

#6 Quote:

Quote: o there is e-mail evidence of Ben intimidating and coercing Bill The infamous "otherwise the gloves come off" letters I gather?

Yes.

Last edited by matthey on 28-Jan-2025 at 09:42 PM.

@matthey

Quote:

Maybe I'm getting ahead of myself

I believe you just might be.

You have a lot of if/then statements concerning debt/financials.

Quote:

additional assignment to the provisional administrator, including having corporate and accounting documents handed over to him

How in the world would you make financial determinations if you don't even have the financial data?

I'm not claiming they don't. But I am claiming they -didn't- heh

#6

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@matthey

It might be time to reread your reply to me after I posted the Bofidi document:

Source

More importantly perhaps the link to the AmigaNews comment section that follows:

Source

Do you see any connection between your suspicions and the comment made?

Additionally, at what location was this "business" being run out of while disributing AmigaOS3.2?

#6

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@matthey

Next, let's go over here. Just search for the phrase below:

You'll need to search the page for the phrase below.
"commissioned audit agency BB3 "

An interesting paragraph indeed. Who is BB you ask?

Quote:

PKF-BB3 is joining BOFIDI

https://web.archive.org/web/20250117073827/https://bofidi.eu/en/bofidi-is-growing-stronger-locally-and-internationally

note: disappeared direct link replaced by webarchive link

So, in effect the same individual has been looking at the financials for far longer than the 2021/2022 dates on Bofidi documents.

Would it be totally off-base to say that now a major accounting firm has been....chose your preferred wording here. "looked at" "dragged into this mess" whatever.

#6

Note: replaced link doesn't say "Source" because our CMS hates this link. heh.

Last edited by number6 on 25-Feb-2025 at 11:17 PM.

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@matthey

And now back to business location. How hard can that be to figure out. They were not allowed to ship digitally, so AmigaOS 3.2 was sent to dealers.

Is it possible there might be paperwork and dare I say a return address on these packages?

Care to go out on a limb and ponder whether the tentacles reached yet another company?

#6

Added: I said "another" because Ben didn't work at Bofidi and Bofidi is an accounting firm anyway.

Last edited by number6 on 29-Jan-2025 at 03:34 PM.

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#6 Quote:

Quote: Maybe I'm getting ahead of myself I believe you just might be. You have a lot of if/then statements concerning debt/financials. Quote: additional assignment to the provisional administrator, including having corporate and accounting documents handed over to him How in the world would you make financial determinations if you don't even have the financial data? I'm not claiming they don't. But I am claiming they -didn't- heh

Hyperion has many financial concerns and liabilities and it would be important to quantify them before any kind of deal could be made. The new Hyperion management needs to be working on this situation already to save the business from bankruptcy. If the court administrator is still a Hyperion director, then someone without external influence may be more trustworthy than Timothy. The Hyperion debt may seem large but the $540,000 USD tax debt of Amiga Inc was settled to bring it back into good standing and allow it to sell the Amiga IP.

https://amiga-news.de/en/news/archiv/201810/?frm_start=3&frm_perPage=3&frm_pageType=days&frm_onlyTitle=&frm_rubric=511

Lawsuits are expensive too. Ben diluted Hyperion shareholders to pay himself 400,000 Euros of legal fees in newly issued stock.

https://docs.google.com/file/d/1OeDNpvkf99a5-4F-3Y11HqE22rqjV767/edit

before | after | shareholder
40% 96.90% Ben Hermans
20% 0.88% Costel Mincea
10% 0.44% Robert Trevor Dickinson
10% 0.44% Thomas Frieden
10% 0.44% Hans Joerg Frieden
10% 0.88% Timothy De Groote

https://docs.google.com/file/d/1BnMFQvJvZCWrJojWmz7YqKlUhorp665v/edit

There are legal fees on both sides of the Amiga parties and Hyperion lawsuits. It is possible a court judgement could force one side to pay both legal fees in addition to any judgement awarded which would be difficult for Hyperion to survive without another bailout from Trevor/A-EonKit which can not be counted on as the 2009 agreement may be gone and there would no longer be a reason for Trevor to keep Hyperion alive. It is in the best interest of both Hyperion and the Amiga parties to end the lawsuits. A-EonKit has been prolonging the lawsuits with Hyperion bailouts to maintain the 2009 agreement and their sub licensed benefits but Hyperion needs the bailouts due to prolonging the lawsuits that are in Hyperion's best interest to end. Amiga Corporation has more to offer Hyperion than A-EonKit now that Ben is gone who was controlled by Trevor after the A-Eon Belgium embezzlement and bank fraud incident, which likely also resulted in the favorable perpetual sub licensing of Amiga IP. The question is how much control does A-EonKit have of Hyperion. A new out of court settlement agreement, like Ben agreed to and then backed out of, did not offer Hyperion enough to survive so Ben decided it was better to remain an ally of A-EonKit, perhaps also due to the leverage Trevor had on Ben. With Ben gone, Amiga Corporation could become a white knight to Hyperion through a merger or acquisition thus increasing the chances of survival and keeping the shareholders from being wiped out. Existing Hyperion contracts including developer labor contracts would have a better chance of surviving allowing AmigaOS development and game porting to continue with fewer legal problems. A-EonKit would likely try to sabotage a good deal for Hyperion shareholders but in doing so, the conflict of interest and who is having their strings pulled inside Hyperion would be revealed.

There is a lot we do not know including Hyperion shareholders and percentages. The comments on the Polish forum suggested that people fell for the deceptive Hyperion announcement that made it sound like Ben's Hyperion Entertainment shares were annulled but I find it highly unlikely (it makes sense that the bankrupt Ben Hermans BV shares were annulled though). People inside Hyperion may sabotage attempts to reduce liabilities and improve transparency enough to consider a M&A deal that would be in their best interest and potentially save Hyperion. Maybe Trevor already bought Ben's Hyperion shares and he would blatantly stop a deal that is clearly in Hyperion's best interests due to majority share ownership but at least attempting a deal would expose him and his conflict of interest. Also, it may force Trevor to the bargaining table where he seems content to watch Amiga finances wasted on endless lawsuits.

#6 Quote:

And now back to business location. How hard can that be to figure out. They were not allowed to ship digitally, so AmigaOS 3.2 was sent to dealers. Is it possible there might be paperwork and dare I say a return address on these packages?

Hyperion may have downsized to a garage to reduce costs. It is better than the cash burn of Amiga Inc with their fancy offices and hockey support. Apple started out in a humble garage. Hyperion was and maybe still is shady but the Belgium administrators consider them a legit business which is what is important.

#6 Quote:

Care to go out on a limb and ponder whether the tentacles reached yet another company?

Or do mean another company's tentacles reached and encompassed Hyperion? Hyperion and A-EonKit have strong connections but the latter has dominated the former.

Last edited by matthey on 29-Jan-2025 at 08:59 PM.
Last edited by matthey on 29-Jan-2025 at 08:57 PM.

@matthey

Quote:

The comments on the Polish forum suggested that people fell for the deceptive Hyperion announcement that made it sound like Ben's Hyperion Entertainment shares were annulled but I find it highly unlikely (it makes sense that the bankrupt Ben Hermans BV shares were annulled though)

Odd. I thought we had made it quite clear that bankruptcy was about the BV and not Hyperion Entertainment CVBA. *shrug*

Quote:

Hyperion may have downsized to a garage to reduce costs.

Frankly I can't see Ben running from his day job to a garage to mail packages, but ok.

#6

Last edited by number6 on 29-Jan-2025 at 09:40 PM.

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@matthey

Just a minor point. It's just too much for me to read and comment on every sentence. However, I just noticed this today:

Quote:

If the court administrator is still a Hyperion director, then

If you reread the court docs you'll note Bart de Moor was a temporary administrator. I have record of a different individual at this time of posting.

Take care,

#6

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#6 Quote:

Just a minor point. It's just too much for me to read and comment on every sentence. However, I just noticed this today: Quote: If the court administrator is still a Hyperion director, then If you reread the court docs you'll note Bart de Moor was a temporary administrator. I have record of a different individual at this time of posting.

Bart de Moor is still listed at the following site.

https://kbopub.economie.fgov.be/kbopub/toonondernemingps.html?lang=en&ondernemingsnummer=466380552

He is not listed as director though but as "Deferment auditor (designated by court)". This "function" does not sound as powerful as a director at first glance.

Through other sources, I have been told that the Ben Hermans BV Hyperion stock really was nullified. As bizarre as it sounds, Ben's Hyperion shares may have disappeared, pending Ben's appeal. No majority Hyperion owner should be less predictable and more interesting than Ben. Trevor will likely keep Hyperion alive for now to keep his contracts alive but could stop subsidizing them and let them go bankrupt if they lost the lawsuits or if he decides to exit the Amiga market after enough of his PPC inventory is sold. He likely does not want to buy Hyperion with A-Eon as he does not want A-Eon to go down with Hyperion if the lawsuits are lost. I do not think the Amiga emulation market is large enough to sustain Hyperion, especially if they start paying 68k AmigaOS developers. The legal fees will eat their lunch and financial bailouts from Trevor may not be as guaranteed as some Hyperion stockholders think. Maybe Hyperion can find other markets outside of the A-EonKit sabotaged 68k Amiga market but they still likely go bankrupt if they lose the lawsuits. It would sure be nice to get rid of the lawsuits but they have to choose Trevor or Mike to save them.

@matthey

Quote:

He is not listed as director though but as "Deferment auditor (designated by court)". This "function" does not sound as powerful as a director at first glance.

ok. So the change is recognized. The new administrator is the director now that they have one, which makes sense really.

re:Ben's appeal
I'm not sure that's "a thing" now. Are you?

And again, I don't see where the focus here should be on the lawsuits, given the bankruptcy of Ben's BV. Haven't they got enough on their hands just to file their financial reports and prove they are viable as a going concern?

#6

Added:
Quote:

Hyperion stockholders

Which ones? The actual shareholders or perhaps anyone who thought they -were- or were going to be a shareholder? (evil grin)

Also fixed:changed stockholders to shareholders since you can't find Hyperion Entertainment CVBA on either the Dow, the S&P, or the Nasdaq. heh.

Last edited by number6 on 25-Feb-2025 at 03:13 AM.
Last edited by number6 on 25-Feb-2025 at 02:48 AM.

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@matthey

In case the above wasn't clear, I'll quote the translation of the doc:

Quote:

4.2 Appointment of a director The shareholders decide to appoint Mr. Timothy De Groote, [... ], as sole director of the Company with effect from today until the next annual general meeting of shareholders of the Company.

So Bart de Moor was "provisional", but so is Timothy.

btw-the annual meeting would be after the upcoming hearing, not before for obvious reasons.

#6

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#6 Quote:

ok. So the change is recognized. The new administrator is the director now that they have one, which makes sense really. re:Ben's appeal I'm not sure that's "a thing" now. Are you?

As far as I am aware, Ben's (March 20?) appeal of his Hyperion stock nullification is still scheduled. I do not know if it would be the final appeal either.

#6 Quote:

And again, I don't see where the focus here should be on the lawsuits, given the bankruptcy of Ben's BV. Haven't they got enough on their hands just to file their financial reports and prove they are viable as a going concern?

The 4 largest Hyperion financial problems are likely the following in order of priority.

1. overdue debt that could result in a bankruptcy
2. capital, accounting and tax requirements that could also trigger a bankruptcy
3. the cost of lawsuit legal fees which offer no return on investment
4. lawsuit verdicts that end Hyperion's ability to sell their most profitable 68k AmigaOS product and may require them to pay previous profits to the Amiga parties

Trevor has likely helped Hyperion with #1 but seems to want to maintain the status quo of businesses, contracts and lawsuits. Court appointed auditors appear to be "helping" with #2 although Ben's carelessness and shenanigans may yet be a hurdle for Hyperion survival. The Amiga parties have a mutual interest in ending the costly lawsuits (#3 and #4) but so far Hyperion prefers the hand that feeds them. The combined and undisputed Amiga IP of the Amiga parties and Hyperion could unlock the full potential of the Amiga IP and 68k retro market but Trevor has been sabotaging this market for more than a decade to promote and protect PPC and his licenses won by his fixer lawyer Ben. Even Ben came to the realization that the 68k AmigaOS market was more profitable than dealing with Trevor which is why he challenged ownership of the Amiga IP. The Amiga parties may need to address the short term survivability concerns of Hyperion to come to an agreement but in the longer term, the Amiga parties with the retro 68k Amiga IP have more to offer than dead PPC and practically no gaming market. A merger or acquisition may be more appealing than a buyout to shareholders as Hyperion could survive as an entity and semi-independent division of say, Amiga Corporation, with shareholders receiving more valuable Amiga Corporation stock for their Hyperion shares. If Ben knowingly violated the law to challenge ownership of the Amiga IP or embezzled from Hyperion like he did the original Belgium A-Eon, then this may pierce the corporate veil and maybe Hyperion could provide the evidence to recover embezzled funds from Ben personally in cooperation with the Amiga parties.

https://en.wikipedia.org/wiki/Piercing_the_corporate_veil

It really depends if Hyperion wants to continue on the path Ben chose or try to become a legitimate and professional business that improves value for the shareholders.

#6 Quote:

Which ones? The actual shareholders or perhaps anyone who thought they -were- or were going to be a shareholder? (evil grin)

The current Hyperion stock ownership is still far from certain. Accounting irregularities involving dilution of shares, contracts providing stock including verbal promises/contracts, challenged bankruptcy nullifications, etc. could change the stock ownership picture. The Hyperion ownership percentages I posted above have likely already changed, more changes are likely and there could even be more lawsuits and legal action over share ownership. Only Amiga makes it possible.

#6 Quote:

Also fixed:changed stockholders to shareholders since you can't find Hyperion Entertainment CVBA on either the Dow, the S&P, or the Nasdaq. heh.

Stockholders and shareholders are synonymous as far as I know. My understanding is that the "share" in shareholders is short for "shares of stock". Both private and public businesses can have stock shares. Hyperion is no different.

Last edited by matthey on 25-Feb-2025 at 05:34 PM.