@samface

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Well, Amiga Inc. would only be able to terminate the contract if the court would agree that Hyperion are violating the terms of it.

Correct. It's only one of the possible outcomes that would be favourable to Amiga.


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And then again, given that Hyperion would have chosen to comply, why would they want to terminate the contract in the first place?

Because by terminating it, Hyperion no longer has rights under the contract (to market and develop OS4). It's the easiest way for Amiga to regain control of the OS.

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Furthermore, Amiga Inc. are not interested in acquiring the code just to give it to some other software developers. On the contrary, from what can be told by the filings in the court case by Hyperion as well as Amiga Inc., they seem to want to negotiate a deal with the current AmigaOS4 contractors for continued development. The only one loosing out here would be Hyperion rather than the actual developers of AmigaOS4.

They wanted to make a deal with the Friedens, not any other OS4 developer, and they tried to do that BEFORE the lawsuit. Their current lawsuit is agressive and unfriendly towards the contracted developers as it completely ignores the rights of the developers. In fact several developers have filed a lawsuit against Amiga Inc. in the EU to protect their rights. It doesn't sound like Amiga is getting closer to making a deal with these developers...

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And to claim that they wouldn't know about Amiga's financial situation at that time is just pure BS considering that they were standing by Amiga Inc.'s side and took part in the very court case that they submitted as evidence of Amiga Inc.'s insolvency.

Firstly, Bill's testimony about the company's insolvency in the Thendic Amiga court case took place long after the transfer from Amiga Washington to Itec, thus Hyperion had no way of knowing about that insolvency beforehand. Also there's a difference between knowing that a company has financial problems, and knowing that they're in a state of insolvency, and as the judge said himself, if Hyperion knew about the financial difficulties that would only strengthen their cause to add the insolvency clause to the contract to ensure that if Amiga go under, their work is not wasted and they retain their rights to the OS.

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And BTW, you seem to forget about the time Hyperion asked Amiga Inc. for a pre-payment for their work on AmigaOS4. At that time, Hyperion was the insolvent ones and Amiga Inc. helped them out. How genuinly wicked wouldn't it be to now exploit Amiga Inc.'s past financial problems to take their assets? Not very grateful, I'd say...

Considering that Hyperion had to take on a lot of extra expenses due to Amiga Inc's failure to provide them with the necessary sources and documentation (which they warrant to own and provide in the contract), I would say Amiga should be the grateful one that Hyperion took on these extra expenses and developed the OS rather than just cancel the contract. Also, Hyperion is facing a lawsuit, which Amiga Inc. agressively initiated against them, therefore they have to use everything they can to protect themselves, their investments (over $1 million) and the rights of the 3rd party developers. In the court room the lawyers represent the companies and these lawyers will use any legal means they can to win the case. They can't just sit around and hope that if Amiga win they will still have their rights under the contract and can start making profit from OS4 sales.

Last edited by COBRA on 18-Jun-2007 at 07:20 AM.