@Kronos

Only open source qualifies for such risks, didn’t you get the memo?

As long as people keep things obscure, closed source and ask money for it, everything is “business as usual”, but once people start contributing to that evil that is open source, then threats of lawsuits follow. We cannot have open source because forking is bad, and never is an issue with closed source AmigaOS, all incarnations are just super compatible with each other and all software!!

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B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC

@thread

Counterclaim AND Amended Answer to Complaint filed by Hyperion as ordered by the court.

#6

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@thread

lists of expenses submitted to the court etc.

Pacer replaces their filings as more recent filings are made, so you should take a look while they are still here.

#6

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@thread

As you can see...

Here

A rather massive number of filings followed the March 30, 2023 order on motions.

A few of these are available for download now and perhaps more may become available.

#6

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@number6

Hyperion dropped all of its counterclaims against the Amiga Parties and Cloanto Corp "with prejudice" as there is no merit in litigating against shell companies.

The 381 procedure started way back on December 14, 2017 has now ended barring one single motion still pending (not the "reconsideration", that was rejected by the Court).

It is fair to state that Hyperion has prevailed on the merits in this case.

I will mail you the dismissal document so you can do with it whatever you want.

It is public anyway, you can get these documents through services like DocketBird.

Yes, there is still the other pending lawsuit before the same Court and judge by C-A Acquisition and Cloanto Corp.

Hopefully this can be settled without further wasteful litigation. Merits are very dubious as well.

We need to get back to producing more product, legal briefs and motions are not "products".

Last edited by HyperionHolding on 29-Apr-2023 at 12:51 PM.

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This post reflects the personal opinion of Ben Hermans and not necessarily of Hyperion Entertainment CVBA.

@Ben

Thank you for the update. Unlike Courtlistener, Pacer does provide a better initial summary of a documents' contents prior to free public availability, so I understood the nature of the dismissal of counterclaims

Quote:

We need to get back to producing more product, legal briefs and motions are not "products".

I feel that way about other paper issuances they call "stocks". heh.

@anyone interested

Many of the documents mentioned are available for free download:
Here

#6

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@HyperionHolding

Why didn’t continued 68k OS3 development start immediately after 2009 settlements? Why did it have to take 10 years?

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B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC

@kolla

Nobody was interested and moreover, we did not have acccess to the 3.5 and 3.9 source-code.

_________________
This post reflects the personal opinion of Ben Hermans and not necessarily of Hyperion Entertainment CVBA.

@HyperionHolding

The Vampire, PiStorm, UnAmiga and Mister etc renewed interest. Plus the abject failure of AmigaOS 4.x and the AmigaOne experiment led Hyperion to explore a different revenue source... eventually!

Last edited by BigD on 29-Apr-2023 at 09:21 PM.
Last edited by BigD on 29-Apr-2023 at 09:20 PM.
Last edited by BigD on 29-Apr-2023 at 09:19 PM.

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@HyperionHolding

Quote:

HyperionHolding wrote: @kolla Nobody was interested

I know Cloanto was interested, that is why they ended up with OS3.X.
Contributers and users of BB3+4 were interested.
Amiga users, of which a vast majority have always been 68k users, either on real hardware or emulators, as well as Minimig based FPGA systems (2007 and onwards)… were certainly interested.

Quote:

and moreover, we did not have acccess to the 3.5 and 3.9 source-code.

Apparently those weren’t really needed to get started. ThoR was independently updating several core OS 3.9 components, Olsen never really moved to PowerPC, did he (which is why Roadshow on OS4 is so way behind and littered with annoying bugs.)

How different things could have been…

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B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC

Thanks for keeping up to date with this guys, I find it really interesting (even if I don't fully understand what every bit of terminology all really mean and what difference it will actually make to Amiga Community)

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AmigaNG, YouTube, LeaveReality Studio

@HyperionHolding

If only some higher than AmigaOS3.9 version (with sources) exists ...

@rzookol

Quote:

rzookol wrote: @HyperionHolding If only some higher than AmigaOS3.9 version (with sources) exists ...

Snap!

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All the way, with 68k

@kolla

Quote:

Quote: and moreover, we did not have acccess to the 3.5 and 3.9 source-code. Apparently those weren’t really needed to get started. ThoR was independently updating several core OS 3.9 components,

Thomas created and developed these components, which were part of AmigaOS 3.9 but not of 3.5. He already had the source code, which was licensed for inclusion in AmigaOS 3.9, and he was able to update it over the course of now almost 23 years.

Quote:

Olsen never really moved to PowerPC, did he (which is why Roadshow on OS4 is so way behind and littered with annoying bugs.)

Hang on, I was one of the first guys who was hired for the AmigaOS 4 project, along with the Frieden Brothers. Roadshow was developed, debugged and tested on AmigaOS 4, on PowerPC hardware (by me), before it was eventually released as a 68k standalone product which not even the publisher was sure had a chance to make it.

To this day, there are no separate AmigaOS4 and AmigaOS 3 builds of Roadshow. It is one single source code tree which builds both.

The reason why the AmigaOS4 version of Roadshow available today is several major changes behind the AmigaOS 3 build is that we haven't had a major AmigaOS4 update in a very, very long time for various reasons. One being the ongoing litigation and then those three "plague years"

Quote:

How different things could have been…

Ain't that the truth

@number6


The appeal was filed today.

_________________
Support AROS sponsor a developer.

"AROS is prolly illegal ~ Evert Carton" intentionally quoted out of context for dramatic effect

@terminills

on topic response?

#6

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@number6




redfox

@terminills

Quote:

The appeal was filed today.

Technically it's a notice of appeal, not the appeal itself, but it shows Cloanto intends to keep going even though there's already a second lawsuit they have against Hyperion. There has to be a solution to this besides the courts, but it looks like the goal here is to force Hyperion, i.e., Ben, to capitulate since between the two, Cloanto has more financial resources to keep going.

I don't take a side here since I like both of these folks; it's just a shame there doesn't seem to be any end to this soon. In the interim both sides bleed money, AOS4 stagnates, and users suffer alongside the parties.

-- eliyahu

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"Physical reality is consistent with universal laws. When the laws do not operate, there is no reality. All of this is unreal."

@eliyahu

If this is about Open Sourcing AmigaOS and making sure THEA600 Maxi can be called The Amiga 600 Maxi then I have to say that a 1984 style perpetual war scenario probably isn't worth the bother to get there! Let Hyperion limp on if they want and Cloanto keep selling emulators! PiStorms, Vampires and Metro Siege type games still get made so who really cares?

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John Lasseter, Co-Founder of Pixar Animation Studios

@thread

declaration of Mike Battilana

Worth a read since it doesn't contain case references nor any wading through legal jargon.

It's more personal plus brief and understandable for the layman concerning the basics of the acquisition and some intentions.

#6

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