@mlehto

Quote:

mlehto wrote: @Tigger Original contract is earlier, or did I miss something ? Yes, I'm bit difficut (today...)

I'm not sure what you mean by Original Contract is earlier. The Original contract in Nov 2001 had this info, then we have the April 24th, 2003 contract between Itec and Hyperion (Benji signed it, and Perri signed it and its Exhibit F). Exhibit G gets the Friedens involved and also suggest that Rogue was lying when he said that as far as he knew AI hadnt bought the OS back. Exhibits J & K are particularly telling on this matter as well, as they show when AI paid for the OS and how Hyperion and the Friedens just didnt care.
-Tig

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We played the first thing that came to our heads, it just happened to be the best song in the world.

@Hans

Quote:

Ok, I'm reading through that document. So far, I've discovered that a Micro-A1, is not an AmigaOne (according to A Inc.) and therefore shouldn't be running OS4.

Now we can understand why Eyetech pulled out of the A**** market and who can blame them the way McEwen and his thugs have gone about things. Maybe they saw this sort of thing coming long ago and pulled out before getting shafted by A Inc.


I really hope Hyperion win and get the full rights to THEIR OS that THEY did while McEwen was too busy dreaming up coupon and T-Shirt scams.

I look forward to running Hyperion OS2 one day


As far as A***A is concerned it is just a name now with very little to do with the original ahead of its time product, McEwen has effectively killed it off.



Bill.

@alx

Quote:

The alternate analysis is that they wanted an announcement - any announcement - to pre-empt this lawsuit becoming public, in an attempt to (in the event, unsuccessfully) convince convince folks that all was well. In which case the Ack systems may simply be yet more vapour cobbled together in a rush

Sorry to go way off-topic here....
Kent City Council meeting Tuesday 7:00 pm.
"Amiga Center at Kent" on the agenda.
Probably no connection to any other events/press releases/leaks lately.

#6

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This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

Where oh where is the Aussie Communist?

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Ya Husayn!

@nicholas

Quote:

The court documents suggest Hyperion are the ones who mucked up

Like by actually producing the product that we all were wating for ?

They actually produced something which is more than A. Inc have ever done.


Bill.

@Tomas

Quote:

Tomas wrote: @number6 Quote: Unfortunately, when Amiga got some cash and threatened to sue Eyetech for unpaid licenses, thats when Eyetech got out and disappeared without a trace. Disclaimer. This is what I have heard. Way to go McEwen!

LOL the whole situation is pathetic.... [edited]

Last edited by T_Bone on 30-Apr-2007 at 08:30 PM.

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ikir

Although i think that Hyperion have done some brilliant work on OS4. It looks from how i see it that AI have a very strong case. I would like to see what Hyperion have in there pocket in responce to this.

AI have handed over alot on money and got nothing for it. If it was me id do the same.

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A500, A500+, A1200 CF ACA1221

I'm of course not a lawyer, but here' some stuff that made me go "hmmmmm......"

After going through the linked pdf file, of all the exibits included I didn't see the original agreement from 2001. Did I overlook it, or is it a seperate file? I also thought it was odd that the IBM Arctic platform agreement didn't have any signatures on it.

But most curious, from page 4 of the pdf:
Quote:

In sum, Amiga envisioned this new operating system, Amiga OS4.0, as not only an important upgrade over OS3.1 and its more modest updates, OS3.5 and 3.9, but as the cornerstone of Amiga's revamped business plan to return as a major, if not the top, player in the computer industry.

Not only is that somewhat of a bold statement (the "top player" in the computer industry??!) but who in the cult following can be convinced that Amiga intended OS4 to be the cornerstone of their business plan? Wow.

And they say somethnig that feels contradictory about the AmigaOne/OS4 distribution rights.
Page 7 of the pdf talks about Hyperion's rights in relation to OS4 and AmigaOne "target hardware". At the bottom of page 9, it seems they try to say there is, and never was, any such thing as an AmigaOne:
Quote:

The MicroA1 and SE/XE are motherboards. They are not the AmigaOne, and any computer built with these motherboards would not be an AmigaOne.

Uhhhh. OK. So what do all those AmigaOne references actually refer to then? What IS an AmigaOne then?

Also on page 9 is discussion that Hyperion sells AmigaOS4 for all sorts of platforms, kiosks, smartphones, servers, etc. It does seem that Hyperion markets OS4 as able to satisfy the needs of such platforms, but Hyperion has consistently refused to actually do any real-life support of any platform without an OS4 license from Amiga Inc. They weren't allowed to support Macs. They weren't allowed to support Pegasos or Efika. They weren't allowed to port to x86. Because Hyperion steadfastly refused to DO anything like that, I think Amiga's use of the word "sell" in that context is a bit bold. I'd accept the word "market" there, but not "sell". There's a difference.

And surely anything Hyperion would have sold was going to get Amiga Inc. some royalty. How does Amiga Inc. lose the first opportunity or whatever if Hyperion refused to sell for or even port to anything without already having an Amiga Inc. license, which would surely include whatever royalty Amiga could successfully negotiate to its satisfaction with someone like ACube?

What's up with page 14? It's a mid-sentence blank page... Weird...

This seems to be a very recent court filing, and Hyperion may not yet have received notice of it. It may be a few days before they have opportunity to prepare a response.

I really wish the Amiga market wasn't such a freakin soap opera.

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All glory to the Hypnotoad!

@Tigger

Ok, I just missed it. It was just what I looked for.

Thanks.

@ikir

How about Hyperion instead. They signed a stupid contract and don't want to abide by the terms. Too bad for them! Hey didn't you always say the division between them was overblown? Looks like you were wrong. Maybe wrong again?

@ikir

Quote:

LOL the whole situation is pathetic.... anyone want to bomb new Amiga offices?

This has already been done. Every company including Commodore bombed themselves in some way or another?

@Troels

Quote:

Think Hyperion feel a bit betrayed by Adam/ack?

There'sa few people hypothesizing that Adam may have copied the OS4 sources and given them to Amiga Inc. Before we go any further down that road, can we see some proof of that?

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All glory to the Hypnotoad!

@stew

Quote:

Hey didn't you always say the division between them was overblown? Looks like you were wrong. Maybe wrong again?

Ehm no. Where? I really don't know anything about Amiga Inc so if i write something about that it was my opinion. If you count the times i were right... OT anyway.

We should relax, Amiga.org Q&A with Bill McEwen will enlight us (?). A Q&A with ACube is on the way too.

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ikir

@AmigaSoft

Besides, the way they talk about things it sounds as if they were constantly urging Hyperion to Get It Done (tm) quicker, so that they then could quickly move forward with their original plans and there was no ambiguity about the ownership - but according to their statements they were effectively deceived by Hyperion.

Mr Moss's take is an interesting read too, he sounds honest and disappointed.

Indeed, let's see how Hyperion will respond. #6's quote of Alan Redhouse above seems to indicate that there is an interpretation of reality in which AI was insolvent at one point, so that afterwards Hyperion and Eyetech would have been the owners of the OS.

All this is pure interpretation and speculation, as usual.

Last edited by dirigent on 30-Apr-2007 at 06:07 PM.

@BrianK

Quote:

Every company including Commodore bombed themselves in some way or another?

I always thought if it as shoot yourself in the foot. But still.. same effect.

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So.. Does anyone think there will be an announcement today from Amiga INC regarding the so called new hardware?

I have found Amiga Inc's theme music here ahhh

Last edited by smartroad on 30-Apr-2007 at 06:18 PM.

@billt

Quote:

And they say somethnig that feels contradictory about the AmigaOne/OS4 distribution rights. Page 7 of the pdf talks about Hyperion's rights in relation to OS4 and AmigaOne "target hardware". At the bottom of page 9, it seems they try to say there is, and never was, any such thing as an AmigaOne: Quote: The MicroA1 and SE/XE are motherboards. They are not the AmigaOne, and any computer built with these motherboards would not be an AmigaOne. Uhhhh. OK. So what do all those AmigaOne references actually refer to then? What IS an AmigaOne then?

Thats what I thought, until I read the original contract (one of the exhibits on the fleecymoss doc):

Article I Definitions:

"Amiga One" means the PPC hardware product developed by Escena Gmbh for teh Amiga One Partners, Initially intended to operate in conjunction with and Amiga 1200

Mark

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IceStar Media Ltd.

@Tomas

Ah Ah Ah

@billt

Quote:

There's a few people hypothesizing that Adam may have copied the OS4 sources and given them to Amiga Inc. Before we go any further down that road, can we see some proof of that?

Anyone accusing me of copying OS4 sources to give to Amiga Inc., will be hearing from my lawyer as there is absolutely no truth in that at all.

Adam