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/  Forum Index
   /  Amiga General Chat
      /  First round goes to Hyperion
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PosterThread
jiyong 
Re: First round goes to Hyperion
Posted on 14-Jun-2007 21:24:52
#1 ]
Cult Member
Joined: 25-Oct-2003
Posts: 594
From: Lelystad, The Netherlands

@fairlanefastback

Quote:
42. As another example, Hyperion's rights under 2.01 of the Agreement included the right to retain all revenues from the distribution of OS 4.0. In 2001 and 2002 Amiga Washington breached Hyperion's rights by engaging in illicit discount voucher schemes aimed at future end-consumers of OS. 4.0. Specifically, Amiga Washington issued $100 "Amiga Party Pack" and $50 "I am Amiga" vouchers designed to induce consumers to pay Amiga Washington $100 or $50 in anticipation of the release of OS 4.0. Amiga Washington represented that in exchange for these vouchers it would either grant a discount or provide free copies of software, e.g. OS 4.0, that it did not own. By Amiga Washington's own admisions, it raised at least $90,000 from consumers in this manner.


Oh no (Lemming style)! Just when I hoped I would get my $50 back from Amiga, Hyperion is ruining it all.

But seriously, I only care about the $50 because I don't think Amiga kept its promise. I knew that probably I would never see it back, as it was also a way for me to show there were still people that put their money where their mouth is and let Amiga know there still was/is a market.

So far my expectation that Hyperion would get the upper hand seems true. I don't think Amiga can still pull a bunny out of a hat, so it would be nice to know how Hyperion sees the future of the OS and hardware partners.

The only severe weak point for Hyperion (that I see) is that they signed the bill of sale for OS4. You can't tell me that Hyperion didn't know about the possible insolvency issues at that time. Sure it's implicit and not as strong as an explicit statement, but I would say when you are a smart lawyer on the Amiga side, you could make it a big issue.

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Replies
SubjectPosterDate
      Re: First round goes to HyperionRob14-Jun-2007 21:31:30
          Re: First round goes to Hyperionwolfe14-Jun-2007 22:24:06
              Re: First round goes to HyperionSpectre66014-Jun-2007 22:35:45
              Re: First round goes to Hyperionfairlanefastback14-Jun-2007 23:30:37
                  Re: First round goes to Hyperionwolfe15-Jun-2007 23:01:57
                      Re: First round goes to Hyperionfairlanefastback15-Jun-2007 23:31:30
      Re: First round goes to Hyperionfairlanefastback14-Jun-2007 21:46:05
      Re: First round goes to HyperionBillE14-Jun-2007 22:29:54
          Re: First round goes to HyperionNoelFuller14-Jun-2007 23:38:27
              Re: First round goes to HyperionCodeSmith15-Jun-2007 0:11:15
                  Re: First round goes to Hyperionne_one15-Jun-2007 2:26:34
                      Re: First round goes to Hyperionmeega16-Jun-2007 16:47:15
          Re: First round goes to HyperionNathanH15-Jun-2007 1:34:38


PosterThread
swoodall 
Re: First round goes to Hyperion
Posted on 14-Jun-2007 18:21:45
#1 ]
Regular Member
Joined: 17-Sep-2003
Posts: 248
From: Raleigh NC, USA

@fairlanefastback

You missed the most telling paragraph, the un-naming -- it goes right to the end-game:

Quote:
47. ... Hyperion is entitled to an injunction prohibiting Amiga Delaware from using the name "Amiga" in its corporate name, in corporate sponsorships of public facilities, and from using the Amiga trademarks ...


Scott Woodall

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SubjectPosterDate
      Re: First round goes to Hyperionmadtrekker14-Jun-2007 18:26:31
          Re: First round goes to Hyperionfairlanefastback14-Jun-2007 18:35:01
      Re: First round goes to Hyperionfairlanefastback14-Jun-2007 18:32:04


PosterThread
Hans 
Re: First round goes to Hyperion
Posted on 14-Jun-2007 18:04:21
#1 ]
Elite Member
Joined: 27-Dec-2003
Posts: 5066
From: New Zealand

@fairlanefastback

It does sound like an impressive document. Essentially they are accusing Amiga Inc.'s owners/executives of fraud. I must say that I've never liked the idea of a company transferring it's assets to another company, disappearing, leaving their creditors with nothing, and then continuing business like normal with the new company. It's just not right, even if you find suitable loopholes to achieve this.

One of the exhibits in previous documents has the same signature for both the seller and the buyer. It just sounds shady.

It'll be interesting to see how Amiga Inc. respond. I'm sure that they will have some good arguments too.

Hans

_________________
http://hdrlab.org.nz/ - Amiga OS 4 projects, programming articles and more. Home of the RadeonHD driver for Amiga OS 4.x project.
https://keasigmadelta.com/ - More of my work.

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      Re: First round goes to Hyperionfairlanefastback14-Jun-2007 18:18:02



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