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      /  Amiga Inc vs Hyperion: today the 10 days deadline for Hyperion to respond to the Court case
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Tigger 
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
#341 ]
Elite Member
Joined: 2-May-2003
Posts: 2097
From: Rocket City, USA

@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.



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.

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Spectre660 
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
#342 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@Tigger

The press release date:

Quote:
Leuven, Belgium - May 13 2004.


in fine print on the last Line details the copyright,license and ownership:

Quote:
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 
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
#343 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3045
From: USA

@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 
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
#344 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@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 
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
#345 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3240
From: Sydney (of course)

@Spectre660

I'll wager that someone, sometime, is going to say "I can't recall".

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cheers
tony

Hyperion Support Forum: http://forum.hyperion-entertainment.biz/index.php

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Spectre660 
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
#346 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@tonyw

Quote:
'll wager that someone, sometime, is going to say "I can't recall".


ah lost memories .......

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Spectre660 
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
#347 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

Starting to read some of these.Maybe fun

http://gutjahr.free.fr/temp/amiga_vs_hare/

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Spectre660 
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
#348 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

No money no Love. ouch

http://gutjahr.free.fr/temp/amiga_vs_hare/show_case_doc11-12.pdf

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Spectre660 
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
#349 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

The case of Twin Amigas and their father

http://gutjahr.free.fr/temp/amiga_vs_hare/show_case_doc11-10.pdf

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Spectre660 
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
#350 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

100,000,000 in shares please.Remember they are private shares.

http://gutjahr.free.fr/temp/amiga_vs_hare/show_case_doc11-05.pdf

Last edited by Spectre660 on 20-May-2007 at 01:30 AM.

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Rob 
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
#351 ]
Elite Member
Joined: 20-Mar-2003
Posts: 6437
From: S.Wales

@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 
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
#352 ]
Elite Member
Joined: 8-Jan-2003
Posts: 3270
From: Charlotte, NC

@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.



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 
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
#353 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@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/

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herewegoagain 
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
#354 ]
Elite Member
Joined: 8-Jan-2003
Posts: 3270
From: Charlotte, NC

@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 
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
#355 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@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

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Spectre660 
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
#356 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

@Rob

25,000 per month. Enough to buy back a version of OS 4 each month

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Spectre660 
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
#357 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

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 
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
#358 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

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

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Spectre660 
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
#359 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

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 
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
#360 ]
Elite Member
Joined: 4-Jun-2005
Posts: 3918
From: Unknown

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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