@samface

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Now you finally have a point where I might even be inclined to agree. The assets should be sold for a reasonable market value since the point with selling off assets of an insolvent company would be to pay debts, now wouldn't it? About those remaining debts, however, how do we know that they haven't been paid? And if they really are not paid, why haven't anyone filed for a chapter 11 bankrupcy yet?[

Because the people who are owed have already said that they've never seen a penny of it.

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@samface

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If Amiga "wins" and Hyperion complies, I see the possibility that the contract remains valid and things may go on as before with Hyperion hopefully selling AmigaOS4 with ACK boards and all.

Remember that Amiga claims that it has already canclelled the contract because Hyperion breached it and is no longer valid, so it does not look like Amiga want the contract to remain valid. Also the contract said something like Amiga would execute the buy-in if it wanted to continue development of the OS itself. That is why there's also a clause in the contract which says Amiga must release a substantially new version of it within 6 months. With that clause Hyperion wanted to ensure that Amiga could not just execute the buy-in and then abandon the OS. And then ask yourself the question: who would you trust to develop AmigaOS further, a company who has proven to be capable of such a thing, or Amiga Inc. who has a track record of announcing big things and not delivering?

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If Hyperion "wins", Amiga Inc. will have in all meanings of the word given away the AmigaOS IP to Hyperion for naught.

It's only one of the many possible outcomes of the case that would favour Hyperion, and while it's not very good for Amiga Inc. I think it would be the best outcome for the Amiga Community, because Hyperion could continue to develop the OS and they would not be restricted by Amiga Inc. refusing to give licenses to hw companies so we could see OS4 ported to many hardware platforms like the Efika, ACube, ACK, Troika, or even the PS3.

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Seems like "badwill" caused by Amiga Inc.'s actions of the past is clouding your judgement here

The problem is, we're not just talking about actions of the past. Amiga Inc. continue to live off other peoples' work. They have raised considerable amounts of money from investors, claiming that they own OS4, and Hyperion who have invested large amounts of money and resources into its development have not received a single dollar from it. We also know that Amiga Inc. kept on denying hw licenses which prevented Hyperion from making a decent amount of money from OS sales. I have more respect for a company who actually works hard to develop something, than a company who just takes money from something others have developed.

Last edited by COBRA on 17-Jun-2007 at 11:13 PM.