@Raffaele

If all the money that has been used in court trials related to Amigas would have been used to developing and supporting the system... Sigh. Seems to me yet another delay and a nail in the coffin...

Marko

Quote:

ChrisH wrote: topic_id=23051&start=80&post_id=375605&order=0&viewmode=flat&pid=0&forum=2#375603]revised theory[/url], of what happend to Amiga Inc & how they ended-up taking Hyperion to court. It is based on a lot of known facts.[/b] It skips some important points however. Including both 7 figure stock sales which hurts the whole AI doesnt have any money, and seems to gloss over the fact that Hyperion quite clearly sold the OS in April of 2003 to Itec. @Tomas who wrote Quote: [quote]Amiga Inc do *not* have a lot of money IMHO, they just create the *appearance* of having a lot of money, for the purposes of the lawsuit. What about the Ken centre?

Quote:

Because I believe that AI & Hyperion were one big happy family, until 2003 when all that Amiga Inc owned was bought by Itec, then KMOS, before finally being renamed to Amiga Inc (#2) in 2005.

Even if thats true, the OS was sold back to AI in April of 2003. Why keep working on an OS you have been paid for. Because once AI had the source etc, Hyperion owes people money, the pitch for years has been that Hyperion couldnt afford for AI to buy back the OS, because if they did, Hyperion wouldnt have those carrots (future sales) they are holding in front of there basically code for free programmers, and all the people would want the money from Hyperion for the programs they included in OS4.

Quote:

So I believe that there were verbal agreements between AI, Hyperion & Eyetech that, for example, took account of the failure of Escena to produce any hardware. Now Bill McEwan is going to beat Hyperion with a big stick (the original contract). Any other interpretation requires that actions were taken in bad faith sooner than that, and that violates my principle of "Don't assume bad intentions when incompetence is also an explanation."

We arent blaming bad intentions until AI bought back the OS. If you want to go on and on about the incompetance of Hyperion, thats great, we can start a new thread about that, I could bring out the tapes from Gateway 2000 and see what alot of companies in the amiga community thought about Hyperion, Benji and third fastest version of Doom at the show, but thats not really this topic. BUT, in April 2003 Hyperion agreed to the sale, took the money and didnt send the code, thats when you can only explain it by bad intentions. Noone here should believe that if Amiga Inc hadnt cancelled the license in November of 2006 that there would have been a final release in December of 2006. Its a direct cause and effect there. Amiga cancels their license, they rush the final release (and still do it after the license has expired).
-Tig

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

Just release the freakin' BPPC & CSPPC versions of OS4 and stop fightin' in some damn court!!!

Last edited by Bamiga2002 on 02-May-2007 at 10:14 PM.
Last edited by Bamiga2002 on 02-May-2007 at 10:13 PM.

_________________
Amiga - still alive & kickin'!

@Rob

Quote:

Rob wrote: Has anyone got link to a cached version of the old A Inc site. The one that up until recently stated that Amiga Inc does not support OS4.

Maybe you'll find something here:

http://web.archive.org/web/*/http://www.amiga.com

@Geennaam

Quote:

Funny, this document reveils that it's only about the trademark, nothing more. But the most interesting part is here on page 22 where AmigaInc demands a jury trail. A jury trail is usually requested when the plaintiff thinks he's morally true and not nescesary legally true.

Another reason for demanding a jury trial is when the plaintiff is american and the defendant not, a jury being more sympathetic to the local company than a professional judge. Before you flag waving americans commence the flame-fest, this would most certainly be true in most other countries too.

_________________
You know when you've been JackAttacked!

@Rob

Quote:

Has anyone got link to a cached version of the old A Inc site. The one that up until recently stated that Amiga Inc does not support OS4.

Here you go:
http://web.archive.org/web/20050507090659/www.amiga.com/amigaos/

I could not find a date anywhere on the new Amiga Inc website. Does anyone know when it was posted?

It is of interest to compare the Old AmigaOS page with the new, and old Amiga Inc statements with the current ones.

Noel

@Tigger who said Quote:

We arent blaming (Hyperion for) bad intentions until AI bought back the OS.

OK, that's fair enough (although some people, such as Amiga Inc, were saying Hyperion had bad intentions since 2001 when the contract was originally signed). Your starting point isn't very different from mine, but we have come to different conclusions.

I don't think we have enough evidence to say who's really in the wrong. From a legal POV Hyperion certainly *seems* to have acted contrary to the contract, but I suspect they have an argument that they believe takes priority over AI's claim. From a *moral* POV, I have a strong suspicion that Amiga Inc (#2) is in the wrong (see my theory), as I think they want to bury OS4 (and sell it's IP).

Quote:

Noone here should believe that if Amiga Inc hadnt cancelled the license in November of 2006 that there would have been a final release in December of 2006

I absolutely agree with you here, you will even seen it mentioned as part of my theory. But I see it as damage limitation, rather than an inherant evilness on Hyperion's part.

But I should mention that the brothers did say in early 2006 that they expected OS4 to be released by the end of the year. So that is an alternative (or additional) explanation.

_________________
Author of the PortablE programming language.
It is pitch black. You are likely to be eaten by a grue...

Sorry to butt in, and not read the massive posting. OS4 took too long to write, has no multi-user support, has nothing to offer than any other OS had 5 years ago. Amiga should have stepped in long ago, maybe they could not have, now they can, and have. Just get Ubuntu if u have a PC, its very cool and you wont have to be like kids in the yard moaning about crap which no-one cares about.
Get out, go get a girlfriend/boyfriend and enjoy yourself. There's more enjoyable things to do!
I love Amiga, and you guys keep it alive, but when even the people who are supposed to give you a solution, don't even know what the solution is................
Well.............

_________________
Dark Lord Design Wicked Solutions For Damned Problems

@Excalibur

Heh, Web Archive, a very good pool of info: I wonder why Genesi didn't use some of it in their litigation with Amiga, i.e.:

Quote:

What is the difference between Amiga OS 3.9 and the Amiga DE? OS3.9 is the latest iteration of the classic AmigaOS. The AmigaDE is the next generation software product for Amiga.

Saluditos,

Ferrán.

_________________
Amiga user since 1988
AOS4 Betatester
Member of ATO Spain
A1 Cfg
OS4 SCR
A1200

More info from Web Archive: if Eyetech motherboards are not AmigaOnes, why Amiga Inc posted a news release by Eyetech stating that different models of AmigaOne motherboards were available for purchase?

At the end of the text you can even see the phrase "As far as complete systems are concerned,...", so it's crytstal-clear that the prices shown just before it are of motherboards, not complete systems. If you follow the link to Eyetech Website you'll see prices for both m/b and complete systems, and I'm sure Amiga Inc. knew that too.

Saluditos,

Ferrán.

_________________
Amiga user since 1988
AOS4 Betatester
Member of ATO Spain
A1 Cfg
OS4 SCR
A1200

Still more info: On July 19, 2003, McEwen talking about the first public demonstration of Amiga OS4 on an AmigaOne at AmiWest 2003. If you read the text you'll see a surprising "We are very pleased with the progress..." Uh? How can that be? I thought for what he said in his declaration they were really angry because OS4 was not released 4 months after the agreement was signed... Angry in 2002 or pleased in 2003? Please, take a decision, you're driving me crazy

Saluditos,

Ferrán.

_________________
Amiga user since 1988
AOS4 Betatester
Member of ATO Spain
A1 Cfg
OS4 SCR
A1200

More from the same page -text bolded by me, and note the date-:

Quote:

Amiga Absence at CeBIT Mar 6, 2003 - Late last year, Amiga announced its intention to launch AmigaOS4.0 at the CeBIT show in Germany. Since then, the project has advanced into its final stages but unfortunately not to the point where we are ready to ship. We have thus decided not to attend the Cebit Germany show. Instead we are looking at other shows and opportunities in the near future to provide a suitable platform for the launch of the new Amiga. We apologize to the commmunity for waiting until the last possible moment to make this announcement but despite heroic efforts by all concerned, even up to the last minute, circumstances have conspired to push completion beyond the deadline. We have regretfully decided that making CeBIT Germany the AmigaOS 4 launch platform is not a realistic option at present. AmigaOS4.0 is coming. Beta-testing has been going on since last September, the Club Amiga Magazine is previewing many of the new features and AmigaOne integration is proceeding well. Amiga, Hyperion and Eyetech are 100% committed to getting the new platform out into the world and reintroducing the world to the pleasures of home computing. -- The Amiga Team

They really didn't know AOS4 was delayed? Bah, they even consented the delay!

Saluditos,

Ferrán.

_________________
Amiga user since 1988
AOS4 Betatester
Member of ATO Spain
A1 Cfg
OS4 SCR
A1200

@Ferry

Amiga Inc can't seem remember from one minute to the next what the think they might have said last thursday afternoon at 4 O'clock in the morning.

The spirit of the contract was to allow Hyperion to develop, market and sell OS4 for a limited amount of time. Amiga Inc. could purchase the source in full for $25000 at a later date. This contract seems reasonable only if Hyperion are able to sell OS4 during that period to offset their investment. All this is reliant on Amiga Inc. having hardware licenses available to sell OS4 on. If Amiga block, ignore or in this case sit on their hands. They have sabotaged Hyperions ability to generate fair revenue and have effectively broken the spirit of the agreement.
Amiga Inc. have a strong case on paper but I can see why Hyperion are reluctant to hand over their work. That's the way i see it anyways.

Regards
Gnu

@TrebleSix who said Quote:

Just get Ubuntu if u have a PC, its very cool and you wont have to be like kids in the yard moaning about crap which no-one cares about. ... There's more enjoyable things to do!

And you get the award for the most intolerant (non-trolling) post :^P

I have Ubuntu & Windows XP on both my desktop & laptop, and yet still manage to enjoy (indeed prefer) AmigaOS thanks to the wonders of WinUAE. Just because you left the Amiga 6 months ago, and asked for your account to be deleted, doesn't mean everyone else has to.

It is still possible to debate the Amiga's biggest news in the past 5 years, without being childish or obsessed. If we choose to still hold out some faint hope, it's really none of your business.

_________________
Author of the PortablE programming language.
It is pitch black. You are likely to be eaten by a grue...