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Tigger
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 19-May-2007 19:30:29
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Elite Member  |
Joined: 2-May-2003 Posts: 2097
From: Rocket City, USA | | |
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| @Spectre660
Quote:
Spectre660 wrote: @Tigger
Look at the last line of this one (in fine print)
http://www.hyperion-entertainment.biz:8080/news/2004-05-13
Also a month after the date on the Arctic Agreement (07-April-2004), an Investor sinks US$1,000,000 into KMOS (10-May-2004) because of a SMart Phone and PDA OS possibility.
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Not sure what you are asking. OS 4.0 was to be distributed with the hardware, since the hardware shipped first, this is just having the dealers who sold the boards, provide the free OS CDs. Thats different then making Acube the worldwide distributer of the OS. -Tig
IF I missed your point, let me know, I really wasnt sure what your comment was here or the previous message.
_________________ We played the first thing that came to our heads, it just happened to be the best song in the world. |
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 19-May-2007 19:56:03
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Joined: 4-Jun-2005 Posts: 3918
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| @Tigger
The press release date:
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| Leuven, Belgium - May 13 2004. |
in fine print on the last Line details the copyright,license and ownership:
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| Amiga OS 4.0 © 2004 Hyperion Entertainment, developed under license from KMOS, Inc. All rights reserved. “Amiga” and associated trademarks are registered trademarks of Amiga, Inc. |
What I am saying is that We have the Arctic deal,then a Million dollar investment in KMOS,then 3 days after this Investment this press release by Hyperion.
Arctic PDA demo deal to hook KMOS Investor 07-April-2004 Investor buys in to KMOS 10-May-2004 Hyprion still claiming copyright announce pre-release states OS4.0 developed under license from KMOS 13-May-2004..
So Ben's little $25,000 OS4.0 deal is now a million dollar baby. Sure trouble would now follow.The stakes are raised dramatically at this point.
Last edited by Spectre660 on 19-May-2007 at 08:12 PM. Last edited by Spectre660 on 19-May-2007 at 08:03 PM. Last edited by Spectre660 on 19-May-2007 at 07:56 PM.
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CodeSmith
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 19-May-2007 21:14:41
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Joined: 8-Mar-2003 Posts: 3045
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| @Spectre660
I suspect very little of that million dollars went into Hyperion's pockets, otherwise we'd have heard Amiga Inc talk about the million dollar OS that's violating their IP. Instead, all the talk is of the $25K deal.
Last edited by CodeSmith on 19-May-2007 at 09:15 PM. Last edited by CodeSmith on 19-May-2007 at 09:15 PM.
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 19-May-2007 21:38:27
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Joined: 4-Jun-2005 Posts: 3918
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| @CodeSmith
Never thought that the million did.
What I see is KMOS desperate for something to show the Investors. Thus the Arctic Agreement which has no dollar amount for the work or method of calculation for it. How do your defend yourself if you end up in court and the other side says you still owe them money for the work done?
or is the actual signed version different or was any version signed at all ? Last edited by Spectre660 on 19-May-2007 at 09:43 PM.
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tonyw
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 19-May-2007 23:44:52
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Joined: 8-Mar-2003 Posts: 3240
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| @Spectre660
I'll wager that someone, sometime, is going to say "I can't recall".
_________________ cheers tony
Hyperion Support Forum: http://forum.hyperion-entertainment.biz/index.php |
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 0:14:54
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| @tonyw
Quote:
| 'll wager that someone, sometime, is going to say "I can't recall". |
ah lost memories ......._________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card |
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 0:53:25
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 1:12:44
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 1:18:14
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 1:26:34
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Rob
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 1:39:04
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Joined: 20-Mar-2003 Posts: 6437
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| @Spectre660
[quote] Spectre660 wrote: The case of Twin Amigas and their father
http://gutjahr.free.fr/temp/amiga_vs_hare/show_case_doc11-10.pdf
Reading that email left me wondering what the typical salary of a moth is. When we know what a moth earns we can multiply that figure by 2 to find out how much was owed to Garry Hare.
edit: fixed formatting bug Last edited by T_Bone on 20-May-2007 at 02:28 AM.
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herewegoagain
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 1:39:29
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Joined: 8-Jan-2003 Posts: 3270
From: Charlotte, NC | | |
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| @CodeSmith
Quote:
CodeSmith wrote: @Spectre660
I suspect very little of that million dollars went into Hyperion's pockets, otherwise we'd have heard Amiga Inc talk about the million dollar OS that's violating their IP. Instead, all the talk is of the $25K deal.
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I doubt any of it did. But what seems more likely is that Hyperion saw a million dollar investment and got $$$ signs in their eyes and decided they had to change the terms of the contract some way so they could cash in too.
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 2:01:38
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Joined: 4-Jun-2005 Posts: 3918
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| @herewegoagain
They were so broke before the million that they could not even pay Harre his Monthly salary. and the money did not last long because they also had to pay him outstanding expenses. Going back to broke Again/ _________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card |
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herewegoagain
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 2:09:13
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Joined: 8-Jan-2003 Posts: 3270
From: Charlotte, NC | | |
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| @Spectre660
I don't doubt that. Not at all. But what seems likely is that this was the first time Hyperion saw such a $$ potential in what they were doing. I'm sure it had at least something to do with Hyperion not wanting to abide by the original contract.
Edit:
@Rob and/or Moderators
Please for the sake of my sanity fix or delete post #352. It's causing everything else below it to format incorrectly.
Last edited by herewegoagain on 20-May-2007 at 02:11 AM.
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 2:21:45
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Joined: 4-Jun-2005 Posts: 3918
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| @herewegoagain
Remember KMOS/Hare were desperate for Investment money at this point. They may have offered Hyperion a way out out the original Agreement in exchange for something to show the Investor. we shall see _________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card |
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 2:29:52
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Joined: 4-Jun-2005 Posts: 3918
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| @Rob
25,000 per month. Enough to buy back a version of OS 4 each month _________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card |
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 2:36:19
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Elite Member  |
Joined: 4-Jun-2005 Posts: 3918
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| In light of all this an Interesting Garry Hare Declaration versus Thendic in March 2004
"http://www.mindrelease.net/amiga-thendic/show_case_doc_63,16781,0,MAGIC,0,1.pdf" Last edited by Spectre660 on 20-May-2007 at 02:36 AM.
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 12:31:04
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Elite Member  |
Joined: 4-Jun-2005 Posts: 3918
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| The Amiga Inc vs Garry Hare decision.
Interesting read for those interested in what can happen when a contract goes to court in a dispute. The Arbitration clause sends the dispute back out of the courts.Thus termination by one side can not be used to kill the agreement and trigger other clauses as it suits one party.
http://gutjahr.free.fr/temp/amiga_vs_hare/show_case_doc13-01.pdf _________________ Sam460ex : Radeon Rx550 Single slot Video Card : SIL3112 SATA card |
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 13:14:18
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Elite Member  |
Joined: 4-Jun-2005 Posts: 3918
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| Clause 2.01 of The OS 4.0 Agreement will have this Suit thrown out.
It gives exclusive right and license to the Amiga one partners to market and distribute OS 4 (note not only 4.0) as a stand alone version for the "Target Hardware" and as an OEM version shipped with the Amiga One. Buyback dos not affect this right. Target hardware definition is PPC based but not limited to Phase 5,DCE and Amigaone hardware.
Edited: also gives right and license to use trade marks in conjunction with the Amiga One.
Amiga Inc lawyers are they this bad? Last edited by Spectre660 on 20-May-2007 at 01:32 PM.
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Spectre660
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Re: Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case Posted on 20-May-2007 13:42:27
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Elite Member  |
Joined: 4-Jun-2005 Posts: 3918
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| Another Issue: Was KMOS/Amiga Inc paid any royalties for Amiga OS 4.0 OEM version at any time ?
if they were it would prove that OS4.0 was released ............
Edited: This would have implications for clause 2.08
Last edited by Spectre660 on 20-May-2007 at 01:48 PM.
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