@Reth

Quote:

Reth wrote: @COBRA Not wanting to be negative here but Hyperion always said that they cannot port AOS4 to any hardware (including SAM) when there is no license from AInc. So if they continue as before we will never see AOS4 on any new hardware. Furthermore the partnership with ACube regarding the AOS4 part only encloses classic hardware (as far as I understood that announcement)!

With the now considered dead Amiga Washington? Meaningless to Hyperion now, they don't consider Amiga Delaware to be the successor of rights. As far as Hyperion is concerned now they own OS 4.0 lock, stock, and barrel, unless a judge says different.

This is a critical distinction, the current company called Amiga was not the same company legally that Hyperion dealt with when the agreement was made, and now the new Amiga is on the defensive to prove they legally own the rights to the old company.

And now with this latest development the Genesi lawyers and Bolten Peck lawyer are likely going to use the new opportunity to strike, especially if Amiga Delaware continues.

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Pegasos2 G3 running AOS 4.1 and MorphOS 2.0
Amikit user, tinkering with Icaros VM (AROS)
EFIKA owner
Amiga 1200

@Reth

Since Amiga Delaware could not show proof of a legal transfer of their IP and OS4 contract, Hyperion can (for the time being) assume full ownership rights to OS4, until it is proven otherwise (if that ever becomes the case).

But even if they still want to honour their contract, according to that contract Hyperion have a license to distribute OS4 for the "Target Hardware", which is defined by the contract as "the PPC based hardware developed and marketed for the Amiga platform including but not limited to the hardware developed and marketed by Phase 5, DCE and the AmigaOne hardware developed by Escena under contract with the AmigaOne partners."

This definition grants a license to any PPC-based hardware, as long as it is developed and marketed for the "Amiga platform". That means a MiniMac or Playstation3 port is obviously out of the question because those hardware are not targeted at the Amiga market, but ACube is obviously intending the Sam440 for the Amiga market and there is even a voice recording from Bill McEwen acknowledging this. Amiga Inc. would probably object to this and say "but we want to make money from that too by getting ACube pay for a license", but Hyperion no longer has to "play nice" with them and accept their unjustified claims like before when they were hoping for a friendly resolution.