SHADES wrote: Didn't Hyperion release and try to sell an update of AMIGA OS 3x? without being allowed? Not that I am against ANY update to the OS, especially one that fixes so many issues from 3.x however, I thought they only had license to sell 4.x (a bit murky with buy-back clause)
Yes, Hyperion developed and sold AmigaOS 3.1.4 for the classic 68k Amiga.
The rights granted to Hyperion by the 2009 settlement are extremely broad, especially paragraph 1(b). I believe AmigaOS 3.1.4 is legal if the settlement contract is valid. Hyperion started with AmigaOS 3.1 and developed a new AmigaOS version. The contract does not require it to be for PPC or to be called AmigaOS 4 or above.
Quote:
Without prejudice to any Existing License Agreements listed on Exhibit 1, the Amiga Parties hereby grant Hyperion (at Hyperion's sole expense) an exclusive, perpetual, worldwide and royalty-free, transferable right and Object Code and Source Code license to the Software in order to use, develop, modify, commercialize, distribute and market the Software in any form (including through sublicensing), on any medium (now known or otherwise), through any means (including but not limited to making AmigaOS 4 available to the public via the internet) and for any current or future hardware platform.
Bill McEwen has declared under penalty of perjury that this was *not* the intention of the 2009 settlement agreement.
Quote:
I am informed that Hyperion's inclusion of "Amiga OS 3.1" in its AmigaOS 4.1 update from 2011 was, in fact, solely for the purpose of running Amiga OS 3.1 inside AmigaOS 4 on Power PC Amiga systems. This use does not involve running Amiga OS 3 .1 as an independent operating system, but functioned solely to allow legacy Amiga applications to run better within AmigaOS 4. Thus, the 2011 use was within the rights granted in the 2009 Settlement Agreement. By contrast, Amiga OS 3.1.4 runs on original ("Classic") Amiga equipment, and not the PowerPC Amiga systems or AmigaOS 4 systems, and is therefore outside the scope of the rights granted.
I doubt Bill's declaration will hold much water without original transcripts or e-mails of the discussion with Hyperion which indicate this. There is other evidence submitted in regards to this but I did not find anything about original discussions.
Hyperion released AmigaOS 3.1.4 with likely incorrect copyright notices which were later changed. Whether this was a simple mistake or, with other evidence, indicates a plan or conspiracy by Hyperion to claim ownership of Amiga Inc. IP in violation of the 2009 settlement agreement is up to the judge to decide.
Quote:
Hyperion agrees and covenants that it will not institute any action, claim or proceeding anywhere in the world . . . (B) challenging . . . (ii) ownership of the Licensed Marks by any Amiga Party or any successor . . . (a “Hyperion Prohibited Action”), unless the challenged activity constitutes a material breach of this Agreement, including but not limited to any material infringement by the Amiga Parties, by a successor to any Amiga Party, by a Purchaser or by a licensee of the licenses granted to Hyperion pursuant to this Agreement.
The new Amiga Corporation of Nevada wants Hyperion to be found in breach of the 2009 settlement agreement so the licensed rights revert back to Amiga Inc. which can then be passed on to Amiga Corporation. The rights granted in the agreement are so broad that they would be restrictive for Amiga Corporation if they decided to do anything with the AmigaOS. Hyperion currently has more control of the AmigaOS than the owners.
Quote:
So, has there been any movement to a decision and some forward momentum? I see lots of talking but no actual rulings.
Counter arguments were recently submitted. A judgement should be one of the next steps but could take a while. There is a whole list of evidence to be read and sorted through.
In addition, there is plenty of sketchy and possibly illegal activity.
1. Shell companies (transfer IP but may leave debt) Amiga Inc. (Washington)->KMOS->Amiga Inc. (Delaware)->Cloanto->C-A Acquisition Corp.->Amiga Corporation (Nevada)
2. Gross over valuation of Amiga Inc. worth by Amiga Inc. (can be used to borrow more or defraud potential shareholders)
3. Possibly coerced 2009 Settlement agreement which gives so little benefit to Amiga Inc. that it brings into question whether it is valid (lack of quid pro quo)
4. Hyperion's failure to deliver AmigaOS code and pay employees as contracted
5. Hyperion diluting shareholders to pay lawyers while not paying others
6. Possible illegal avoidance of bankruptcy by Hyperion
7. Unauthorized use of A-Eon bank funds by Hyperion
It will be interesting to see how the judge reacts to these things. Better refill your popcorn container.
Last edited by matthey on 09-Apr-2021 at 09:57 PM.
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