Joined: 14-Feb-2006 Posts: 1134
From: Kingston upon Hull, UK
@Tigger
Quote:
Tigger wrote: Quote:
jkirk wrote: @Tigger tig i really believe this ("AI filed the suit after Hyperion poached Acube from them." ) is the biggest misunderstanding between ainc and hyperion. i really don't believe that hyperion poached anyone or anything.
If you actually believe that, then you havent read all the documents. Acube was in negotiations with Amiga until after Hyperion lost the license with AI. Now Hyperion signs an illegal contract with Acube and obviously Acube doesnt have anything to do with AI. Thats poaching in my book.
Firstly, which contract is this? I have only seen an announcement for a "strategic partnership" which allows ACube to act as a distributor. To say that a contract has been signed is an extrapolation. To state that an illegal contract has been signed is fantasy.
Quote:
Quote:
acube went to ainc for a license for aos4. acube dropped the bomb that they had a third party rig aos up for macmini. ainc stopped negotiating(i assume since there is no documentation stating the opposite.)
Ainc cancelled the deal because they didnt have an OS, didnt have source code, and they had paid alot of money for it.
You seem to speak with authority regarding Amiga Inc's intentions when cancelling negotiations. Do you have inside info, or are you inferring specific intentions and motives from a broad overview of events?
Quote:
They find out that Acube is being allowed to port to the MacMini and possibly Sam, while they still dont have the source code, etc so they can do ports to there hardware or sell OS 4 to there customers.
Being allowed by whom? AFAIK this was a project done on the side by people on the OS4 dev team. As a proof of concept, not as a commercial product. "Ports to their hardware" - like what? The Amigaone partnership WAS their subcontracted hardware solution. They have no in-house OS development team - who do you think is going to "port" OS4 to any "Amiga inc" hardware? Bill McEwan, with Fleecy Moss reading lines of code out of C&VG? "Their customers" - what, both of their mobile phone gaming customers?
(Also, pedantic correction iknow, but "there" should be "their" - pet hate of mine, and makes translation difficult for international readers).
Quote:
Quote:
i think somewhere along in here ainc decided to pull the plug on the aos4 license. this i think was based (at least in part) on the bomb dropped by acube. hyperion was preparing release of the classic aos4 hyperion needed a distributor so they asked acube to do it (eyetech was the distributer before)
AI had issued the 30 day count down to no license in November 2006, the license was over, then Hyperion finished the OS
Objection your honour, the date of "finishing" the OS is under contention. the only thing confirmed to be finished at that time was "the final update" which Hyperion claim is analogous to a service pack. Are we to believe that Windows 2000 was only "finished" in August 2003 (when the last service pack was released)? No, of course not.
Quote:
, then announced they were going to ship a classic version, then announced the Acube deal all after having the license deal cancelled. I know you want this to be a big misunderstanding. I've been writing about this for years, its been coming for years, and its likely that by the time its over Hyperion will be very sorry they didnt send CDs to AI. -Tig
Tig, you've been saying for years that the insolvency clause would never stand under US law. Categorically. As black and white fact. Strange then that a judge would not realise this, that Amiga Inc lawyers would not use this in their defense, and that Hyperion lawyers would continue to use this as a major plank in their rebuttal of Amiga Incs claims. Additionally they all have law degrees, whereas you do not. Just saying something doesn't make it so (even if you have been saying it for years).
_________________ Troll - n., A disenfranchised former potential customer who remains interested enough to stay informed and express critical opinions. opp., the vast majority who voted silently with their feet.
If you actually believe that, then you havent read all the documents. Acube was in negotiations with Amiga until after Hyperion lost the license with AI. Now Hyperion signs an illegal contract with Acube and obviously Acube doesnt have anything to do with AI. Thats poaching in my book.
ACube were in negotiations with Amiga Inc for an OS4 license for Sam440 and Mac Mini. Hyperion and ACube signed an agreement for the distribution of Classic and AmigaOne versions of OS4. Two different deals in my book.
Also from the Emails Amiga Inc provided, you can see that Amiga Inc were already giving ACube the brush off over the Mac Mini port at least. It wouldn't surprise me in the least if they went completely silent like they have with many other companies and individuals.
Acube was in negotiations with Amiga until after Hyperion lost the license with AI.
where is that? i knew they were negotiating up until the contract was nullified(there and about) but afterwards?
Quote:
Now Hyperion signs an illegal contract with Acube and obviously Acube doesnt have anything to do with AI. Thats poaching in my book.
yes you are right except poaching is when you take what someone wants. aka you want the elephants to live but poachers take their lives anyway for profit. now if you are making the argument that ainc wanted to keep os4 away from acube and hyperion signed the contract anyway that could be argued as poaching. however i am looking from the viewpoint that ainc cut off negotiations for a license for sam so hyperion signs a contract to distribute all valid versions of os4(under the ainc contract) in this case it is not poaching since acube still cannot distribute os4 for sam. if they did the contract would be broken.
Quote:
They find out that Acube is being allowed to port to the MacMini and possibly Sam,
actually no they find out that there has been a port completed (or in process)by developers with access to aos4. they did not find out hyperion allowed it to happen. AND when they find this out was when acube was trying to get approval to sell it. imo acube should have approache ainc before porting the os but now hyperion is getting the blame.
Quote:
AI had issued the 30 day count down to no license in November 2006, the license was over, then Hyperion finished the OS, then announced they were going to ship a classic version, then announced the Acube deal all after having the license deal cancelled. I know you want this to be a big misunderstanding. I've been writing about this for years, its been coming for years, and its likely that by the time its over Hyperion will be very sorry they didnt send CDs to AI.
by this point we were already at the point of no return ainc had thrown down the gauntlet by repealing the license. so hyperion went ahead with plans they had setup with acube. tempers were rising and nobody was thinking clearly IMO. hyperion felt they were justified to continue according to the license as they felt there was no legitimate reason for the contract to be nullified.
i agree this has been going bad for a long time i wish they would have talked things over instead of letting things turn out the way it did. i don't know how this will turn out but i hope for the best and for clearer heads.
_________________ Win•dows: n. A thirty-two bit extension and graphical shell to a sixteen-bit patch to an eight-bit operating system originally coded for a four-bit microprocessor which was written by a two-bit company that can't stand one bit of competition.