@NutsAboutAmiga

And they fraudulently accepted and kept money for the buyback, never even informing Amiga that they are too late or - god forbid - return the money. Even now they're keeping it while claiming in court neither Itec nor Amiga could possibly invoke the buyback. Great defense.

Isnt it strange that Hyperion behaved in every way - except actually transfering the source - like Itec, KMOS, AMIGA D were their rightful partners, and suddenly when they get sued claim that they believe that none of the transfers actually happened? Without having any new evidence?

No need to answer, I know by now you dont find it strange. Amiga is th3 ev!l, even if the only thing they didnt do (and which should have been Haage&Partners job anyway) is supply some sourcecode.

@Kronos

2004 AmigaOS4 pre developer release ready.
2003 AmigaOneXE hits the market.

July 2002
Coupons scam Amiga Inc presented

July 2002
Ole Egil showing his whit SIN Linux PPC demo on his AmigaOneG3-SE

Jun 2002
Gary Peake talks about “$50 coupon”

July 2002
AmigaOne G3-SE was demoed at AMIWEST 2002

Mars 2002
AmigaOne G3-SE was presented, and advertised for beta testers to buy.

December 2001
Eyetech talks about AmigaOne 1200 / AmigaOne 4000 addon cards

July 2001
Martin Schüler (Escena) was taking About AmigaOne addon cards.

2000
first talks about (Escena) AmigaOne design

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@Lou

Because they head documents for the AmigaOne hardware / PCI cards, but they do not did not have documentation for all classic hardware, and because of priorities.

Old market vs New market.

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@Ketzer

Quote:

Ketzer wrote: @NutsAboutAmiga And they fraudulently accepted and kept money for the buyback, never even informing Amiga that they are too late or - god forbid - return the money. Even now they're keeping it while claiming in court neither Itec nor Amiga could possibly invoke the buyback. Great defense. Isnt it strange that Hyperion behaved in every way - except actually transfering the source - like Itec, KMOS, AMIGA D were their rightful partners, and suddenly when they get sued claim that they believe that none of the transfers actually happened? Without having any new evidence? No need to answer, I know by now you dont find it strange. Amiga is th3 ev!l, even if the only thing they didnt do (and which should have been Haage&Partners job anyway) is supply some sourcecode.

You ignore the fact that all parties concerned agree they were never paid in full.
Also, as stated - AInc.(W) never provided all the sources - so if AInc. was never going to execute a "buy-in", then Hyperion had no problem spending the extra money to get them because they would be making ALL the profit for sales. Since Amiga was trying to "buy-in" then those associated costs needed to be passed onto Amiga Inc.(W) in order to avoid their breach.

Now Amiga Inc. through hardware licensing could have made it possible for Hyperion to recoup these costs because the potential market would have been there. Eyetech also failed to increase the market size with the A1's. So with max potential sales of 2500 units, what is the incentive of releasing anything at all when it triggers payment clauses in many contracts and simply puts you out of business?

Do to Eyetech's lack of hardware, the lack of CyberStorm hardware and Amiga's lack of hardware licensing, Hyperion would have been commiting suicide by publicly offering OS4 for sale.

If Amiga Inc. had licensed more hardware vendors, they would have made money - something which they didn't have. However, for $25,000, they wanted the entire piece of the pie without doing any of the actual work.

The fact that hardware needs to be licensed at all is bogus. That's like saying Yokohama tires can only be put on Toyota's and if GM/Opel wants them they have to secure a license...

Another way AInc. and Hyperion stood to make money was in selling developer's kits. But, with no hardware to run an OS, what market exists for that?

It boils down to a business plan. Eyetech dropped out of Amiga hardware and Amiga Inc.(W) did everything in there power to foil Hyperion's business plan when AmigaAnywhere turned into AmigaNowhere. Their business plan became: buy an OS that cost million(s) to develop for $25,000 and sell copies and laugh all the way to the bank.

@Ketzer

Quote:

And they fraudulently accepted and kept money for the buyback.

Maybe because intended to transfer, because when they received the cash they where not aware of the transferred of IP where not done correctly, at that time, they intended to keep the meony until they where pained in full, they are not.

Quote:

Even now they're keeping it while claiming in court neither Itec nor Amiga could possibly invoke the buyback. Great defense.

Maybe just waiting for the legality of the IP transfer to be valuated, if it’s valid then ITec needs to pay Hyperion the reaming cash they owe Hyperion.

It likes this if you sell your car for 20000 Euro, and I pay you 19000 Euro for it, then I expect you give it to me, whit out paying the remaining, will wait until I pay the 1000 Euro or just give it to me?

Last edited by NutsAboutAmiga on 18-Jul-2007 at 04:39 PM.

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@Samwel

Quote:

To me the strangest thing is that no new contract was signed when the playing field changed. In March 2002 both parties must have known it would take much longer to do OS4. Then all the bugs in the A1 hardware which slowed down the development.

Because AmigaOne-SE 600 Mhz was new product in math 2002, they did not yet know about what impact the problems did have, it was beloved that Via686a / b chip was to blame for problems at time, the issues did not resolved them self whit less buggy AmigaOne-XE deign, then in MicroA1 they dropped theVia686b chip.

In Aug 2003, a new version of U-Boot, quoted from Ann.lu

"We're testing a patch for the U-Boot / Linux Kernel which takes care of all USB related issues and IDE to IDE DMA transfers which now work 100% reliable.

(Thanks to Adam and Mai Labs for their efforts.)
This was accomplished by tinkering with the VIA 686B settings, nothing else, conclusively proving that the issues are related to that Southbridge and not to the Articia S. All IRQ' are routed through the VIA 686B and most if not all issues appear to be related to unserviced interrupts."

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@jorkany

Quote:

Then why did Hyperion do more than they had been contracted to do? I'll reuse my housing analogy here. If I hire a contractor to build me a house without a pool and he decides to built a pool anyway, I don't pay any more than what I contracted for. I don't reward the contractor for being a chump.

You wouldn't, but then again, in your analogy, it would be him who would be using the pool!

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@NutsAboutAmiga

So, you do know the basic facts, but the problem is in the story that weaves around them !

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@Ketzer

Quote:

And they fraudulently accepted and kept money for the buyback, never even informing Amiga that they are too late or - god forbid - return the money. Even now they're keeping it while claiming in court neither Itec nor Amiga could possibly invoke the buyback. Great defense.

Fraud on a fraud is crime? BTW, it's moot, it would bring another case at most for Hyperion giving back the money, but if it happens as stated in contract, Amiga insolvency gives Hyperion the rights to distribute AmigaOS 4, and it wouldn't be because they kept that money kept changing that, it might be another facts though...

Quote:

No need to answer, I know by now you dont find it strange. Amiga is th3 ev!l, even if the only thing they didnt do (and which should have been Haage&Partners job anyway) is supply some sourcecode.

Some source code, has Amiga has some IP?

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@NutsAboutAmiga

Quote:

NutsAboutAmiga wrote: @Tigger It’s not Hyperion’s fault that Amiga made a contract restricting AmigaOS to hardware that was hopeless buggy from the start, if it was up Hyperion they most likely they port the OS to Pegasus2 when that hit the market, and avoiding working around the poorly designed “Articia S” chipset, Genesi after all abandoned the Pegasus 1 design because of it, Mai Logic when bust because of it, Linux does not even work correctly on AmigaOne because of it.

First of all Ben Hermans wrote the 2001 contract, so the rest of your comments dont make alot of sense.

Quote:

Hyperion can many ways document way there was delays, way 3d support was delayed, way Audio issues did take longer to resolve, and so on, I will say this strongly we have AmigaOS4 despite all the problems, in fact AmigaOS contract should have been cancelled a long time go, because of the problem whit HW, because contract original definition of AmigaOne hardware was about add-on card for Amiga1200 and Amiga4000.

Hyperion cannot afford to have the contract cancelled. A cancelled contract is a loss for Hyperion.

Quote:

What I don’t understand is way Hyperion should take cost of delays during the development phase whit out, Amiga Inc or ITec paying for the extra costs added because of there stupid contract that prohibited Hyperion from finding a easier solution better hardware.

Hyperion partnered with Eyetec, stop blaming AI for that. And again all of this rambling has nothing to do with this topic which is the 2003 contract and the lawsuit about it. If Hyperion wanted to recoup costs that they believed they incurred because of AI, then they should have put that in writing in the 2003 contract.

Quote:

The buggy hardware shore did put many off, let’s have look for x86 threads her on Amigaworld, and way not port MiniMac or so on, in my option AmigaInc wonted Hyperion to fail.

Itec bought the OS (or believed they bought the OS) before the first version shipped. Complaining about hardware issues slowing down development when development was envisioned to have to be done on PPC cards in classic computers is a little silly. The hardware (buggy as it was) was done before the OS significantly. If Ben and thus Hyperion werent declaring everywhere that the boards were fine, maybe I'd feel bad about them having to work with bad hardware, but since they said it was fine, obviously that can't have slowed them down.
-Tig

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@Geennaam

Quote:

Geennaam wrote: @Tigger Bla bla bla....Totally ignoring the Insolvancy/Bankruptcy clause in the 2001 contract AGAIN!!

Not ignoring it, they werent insolvent when the Itec transfer happened, period.

Quote:

And If Image(W) was NOT insolvant before the transfer of right from Amiga(W) to Itec, you're totally ignoring the needed written permission from Amiga(W) and Eyetech part AGAIN!!

First of all AI(w) gave there written permission when they transferred the contract and classic OS to Itec as everyone keeps pointing out to you. Secondly, I don't know that Eyetech needs to approve it, I've pointed out the reasons before, and its not up to Hyperion to decide now that Eyetech needed to approve it. If Eyetech wants to come to court thats fine, but they arent going to, and unless they do, the Eyetech didnt approve it scam isnt going to work.
-Tig

Last edited by Tigger on 18-Jul-2007 at 11:58 PM.

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@Lou

Quote:

Lou wrote: @Ketzer How can you sue for non-performance of a contract you no longer own?

Hyperion says Itec owns the contract, if they own the contract then Itec can sue them, if they dont own it, then KMOS owns it and Hyperions arguement is invalid. Hyperion is trying to make noone own the contract, thats not going to work.
-Tig

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@Samwel

Quote:

Samwel wrote: Late 4.5 years?! How so? The 2001 contract wasn't for a complete PPC port with all the extras they have today.

Hyperion declared the OS done in December 2006. Thats over 4.5 years after they were supposed to be done, an oh btw they havent shipped a version for classic PPC
systems. Yes it has extras, its also missing things.
-Tig

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@Lou

Quote:

Lou wrote: @umisef ...

Then you draft a business plan in the form of a joint venture and find some venture capitalists to invest in your venture... Does that ring a bell? Isn't that what Amino did?
[/quote]

Yes and when those same venture capitalist took the Classic OS and Hyperion contract as part of there first secured creditor status, you think its a scam. So explain to us one more time, do you want venture capitalists to own the OS or not?
-Tig

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@NutsAboutAmiga

Quote:

NutsAboutAmiga wrote: @Ketzer Quote: Hyperion claims indirectly that Itec still owns this contract No they don’t, they clams it was never transferred correctly to KMOS there it was the 2003 agreement is invalid, because they failed to notify Hyperion and Eyetech, prior to the transferee of the IP.

First of all Hyperion signed the April 24, 2003 contract after the Itec transfer, so the only company that MAY (and its a big MAY) have the right to complain about the transfer is Eyetech. If Hyperion cannot deliver what they promised because of Eyetech, they commited fraud in signing the contract with Itec, pure and simple. The signed an illegal contract and can be sued by both ITEC and Eyetech over the issue is Eyetech decides the transfer cannot happen. Noone else is in trouble here.

Quote:

They also clame that Amiga Inc(w) does not exist, or was insolvent at the time, after the contract the IP is transferred to Hyperion, not ITec, it’s explicitly written in the contract.

Actually they dont claim that, they claim they were insolvent (and they werent), and despite what Hyperion says, the IP doesnt get transferred in that situation, just a license to use the IP and trademarks per the agreement.

Quote:

Because Hyperion delved the contract to void anyway, they continued to develop the os as if they head explicit right to develop it,

Thats doesnt even make sense. Why the big posts about welcoming KMOS ownership if they believed that, why print KMOS on the CDs if they beleived that, Hyperion is reinventing facts to try and hold on to the OS, its not going to work.
-Tig

Last edited by Tigger on 18-Jul-2007 at 11:23 PM.

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@pixie

Quote:

pixie wrote: @jorkany You wouldn't, but then again, in your analogy, it would be him who would be using the pool!

No, Jorkany would be swimming in the pool behind the house and the contractor would be out alot of money. Not sure why you think someone building a pool in someones backyard gives them the right to swim in it.
-Tig

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@NutsAboutAmiga

Quote:

NutsAboutAmiga wrote: @Ketzer Maybe just waiting for the legality of the IP transfer to be valuated, if it’s valid then ITec needs to pay Hyperion the reaming cash they owe Hyperion.

They dont owe them anymore money NAA. If we count the McEwen money they have paid $40,800 + the $25K check, and understand if they cant sell the OS to Itec, then they have been commiting fraud on Itec for years now. This subject is about the New York case, which is all about Itec getting paid and not completing the contract. If Hyperion committed fraud against Itec, the best they can hope for is a large fine, one that will bankrupt Evert and every other member of the VOF.
-Tig

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@pixie

Quote:

pixie wrote: @Ketzer Fraud on a fraud is crime?

Absolutely. In addition what Fraud do you think Itec has commited?

Quote:

Some source code, has Amiga has some IP?

AI(w) had lots of IP, AI(D) has lots of IP owed to it, that what Itec is trying to secure for them.
-Tig

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Quote:

Quote: Fraud on a fraud is crime? ] Absolutely. In addition what Fraud do you think Itec has commited?

You tell me!!!
Pactuating with fraud is also crime... Jews gold on swiss for example is a good example

And ITEC being KMOS being Amiga Inc Delaware being Amiga Inc Wahington or at least having all the same signature on the pay check which is the same...

Quote:

Some source code, has Amiga has some IP?

AI(w) had lots of IP, AI(D) has lots of IP owed to it, that what Itec is trying to secure for them.
[/quote]
Therefore lots of source...

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@Tigger

Quote:

Quote: pixie wrote: @jorkany You wouldn't, but then again, in your analogy, it would be him who would be using the pool! No, Jorkany would be swimming in the pool behind the house and the contractor would be out alot of money. Not sure why you think someone building a pool in someones backyard gives them the right to swim in it.

Therefore a flawed analogy, I just put it into perspective... all that you says makes perfect sense though, because it's not in analogy world is in real world, which in regard to it might be seen as OT...

BTW, you know simple logic don't you?
Contract stipulate given amount of features, if there's more implemented they surely are out of contract scope, how you do not understand simple logic is beyond me... let me put it this way I'm selling to you this beauty z3 *without* its retracting roof at a given pricec(for no particular reason, for this particular example you might as well imagine dog had eaten it), and in the last minute though I managed to get it a roof, wanna a bet you wont get wet on a rainy day if you do not pay for it?

Last edited by pixie on 19-Jul-2007 at 12:49 AM.

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