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      /  Hyperion and Amiga Inc. reach settlement!
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DAX 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 17-Oct-2009 23:17:07
#61 ]
Elite Member
Joined: 30-Sep-2009
Posts: 2790
From: Italy

@Thom_Holwerda
Beautiful Article !!

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itix 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 17-Oct-2009 23:19:18
#62 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3398
From: Freedom world

@COBRA

Oh, there is also that wording which is very important:

Quote:

is granted an exclusive, perpetual, worldwide right to AmigaOS 3.1


English is not my first language but it says about rights which is not the same as ownership.

Nevertheless Hyperion got what they needed and seems Amiga Inc got something in return. Not bad.

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number6 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 17-Oct-2009 23:22:52
#63 ]
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Joined: 25-Mar-2005
Posts: 11235
From: In the village

@itix

Post #2

Best guess here might be that they are trying to straigten out the entire IP situation.

#6

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itix 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 17-Oct-2009 23:28:11
#64 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3398
From: Freedom world

@number6

Oh. I didnt know Cloanto was also having problems with Amiga trademarks and Amiga Inc.

Status of OS 3.5/3.9 is now also uncertain. Can they sell AmigaOS 3.9 anymore if Hyperion is granted an exclusive right to AmigaOS trademark?

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DAX 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 18-Oct-2009 0:17:35
#65 ]
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Joined: 30-Sep-2009
Posts: 2790
From: Italy

@itix
So there was something they will have to re-deal after all (the BoingBall Logo)

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tomazkid 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 18-Oct-2009 0:22:33
#66 ]
Team Member
Joined: 31-Jul-2003
Posts: 11694
From: Kristianstad, Sweden

@itix

Quote:
Status of OS 3.5/3.9 is now also uncertain. Can they sell AmigaOS 3.9 anymore if Hyperion is granted an exclusive right to AmigaOS trademark?


If I recall correctly, Cloanto should be "safe" since their agreement is from pre-AInc period.

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Boot_WB 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 18-Oct-2009 0:29:53
#67 ]
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Joined: 14-Feb-2006
Posts: 1134
From: Kingston upon Hull, UK

EDIT: Moved to more relevant thread here.

Last edited by Boot_WB on 18-Oct-2009 at 12:35 AM.
Last edited by Boot_WB on 18-Oct-2009 at 12:31 AM.
Last edited by Boot_WB on 18-Oct-2009 at 12:30 AM.

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itix 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 18-Oct-2009 0:32:14
#68 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3398
From: Freedom world

@tomazkid

Quote:

If I recall correctly, Cloanto should be "safe" since their agreement is from pre-AInc period.


Erm, why should it change anything?

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tomazkid 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 18-Oct-2009 0:41:51
#69 ]
Team Member
Joined: 31-Jul-2003
Posts: 11694
From: Kristianstad, Sweden

@itix

Dunno if it really changes anything, especially if an eventual lawsuit takes place in USA.

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Bugala 
Re: Hyperion Entertainment CVBA and Amiga Inc. reach settlement
Posted on 18-Oct-2009 1:11:18
#70 ]
Cult Member
Joined: 21-Aug-2007
Posts: 639
From: Finland

@tomazkid

+If I recall correctly, Cloanto should be "safe" since their agreement is from pre-AInc period.+


Well, actually it depends what kind of contract they made.

If they made "this contract will be reconfirmed every year" then it can be affected by changes in ownerships.


But main reason im actually writing is to point out different point of view in here since there seems to be so much hate towards Amiga Inc. and Bill McEwen.

While I am very happy that Hyperion is in charge of Amiga OS and so on, and wish them all the best.

I do also hope all the best to Amiga Inc.

People seem to forget all they have done too.

I really hope setllement is something that Ainc really gets something out of. for example 10 percent from the sales of OSes or whatever.

It is Bill McEwen and guys who bought the Amiga in the first place and have made it possible for us to even have new hardware and OSes.

It might have went to someone like Commodore that it would be used for empty CD-Rs anymore and they could have same time forbid any new technology made to have their trademark clearly on CD-R and stuff.

Secondly. Although I am grateful to Hyperion from everything and so on, i do have to point out, that when they originally made the agreement between Ainc and Hyperion, expected stiuation was that there would soon be hardware and Hyperion would get to sell AOS4.0 and get money that way from contract.

However. That didnt read in contract. There read something like (sums wrong and shortened) for 50 000 Euros Hyperion agrees to make AOs4.0.

It didnt read in contract, "However, if Hardware does not come then... If IT boom should collapse, then..."

but that happened anyway.

So when Ainc gave that extra (not included in contract) 1 Million to Fund AOS4, i felt that as Ainc. agreeing to the SPIRIT of contract, and not to the LETTER of contract. They could have said that hey! you guys agreed, didnt you? So do it with what you already got!

We can actually even ask if there would even be any AOS4.0 for Hyperion to have if Ainc. havent thrown that extra Million in the first place?

Then we get to Hyperions side.

Now Hyperion wanted to make sure that Amiga has future and made that place in contract where it stated "If Amiga Inc. should bankrupt, hyperion gets all rights"

Now indeed it happened that Amiga Inc. Bankrupted. to the LETTER.

But in practice the SPIRIT of contract in my opinion was that if Amiga Inc. bankrupts and is totally buried and changes maybe the ownership to something similar than current owners of Commodore name, and there is not even attempt to make AmigaOS forward, THEN they will get that.

Now that DID NOT happen.

So Amiga Inc Honored the SPIRIT of contract instead of taking it by LETTER when first troubles arised.

Hyperion. Well, Hyperion demanded OS for themselves when Amiga Inc. was bankrupted in attempt to making new healthier Amiga Inc. from better basis.
A thing they do in business world all the time which we can argue wether it is right or wrong, but they do that anyway, all the time.

And i dont think thats really the bankrupt that was meant in the SPIRIT of that contract.


So I wish that the settlement was as good to Amiga Inc. and Bill McEwen, as it was to Hyperion.

And dont forget, Bill McEwen had pretty good paid job before he took the risk with Amiga. And he have stayed there for all this time. By now it might be that hes stuck on that already, that he doesnt get to big jobs anymore. But for first 5 years at least he propably stayed there because he believed it was worth it.

And how do Amiga Community respond to Bill McEwens sacrifices and demise when mans just been trying to do his best?


SHAME ON YOU!!!


I Wish they both live long and prosper!

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marko 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 1:12:58
#71 ]
Super Member
Joined: 17-Dec-2007
Posts: 1811
From: Gothenburg, THE front side of Sweden ;), (via Finland), EU

Yippeeeeeeeeee!!!




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Cheese 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 1:23:43
#72 ]
Regular Member
Joined: 23-Oct-2006
Posts: 282
From: Unknown

Apart from settling discussions on the legality of OS4.x being AmigaOS (tm), why the smilyes/clapping/ fireworks? Prove me wrong, but I don't see how this helps OS4 development. Being an official AmigaOS doesn't help much unless you've go a product that benefits from such branding.

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Antique 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 1:25:16
#73 ]
Cult Member
Joined: 9-Jun-2005
Posts: 887
From: Norway

@Cheese

Think it will help as now hyperion can port os4 to what they want,be so ppc,arm,x86 etc etc. And don't have to get a green light from ainc regarding everything.

I think it's a positive thing.

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Cheese 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 1:31:47
#74 ]
Regular Member
Joined: 23-Oct-2006
Posts: 282
From: Unknown

@Antique

From that pov I wish them luck

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Bugala 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 1:40:46
#75 ]
Cult Member
Joined: 21-Aug-2007
Posts: 639
From: Finland

@Cheese

It is only a good thing that the agreement have finally been done.

Bit like Antique already pointed to you, now it is finally clear from whom to go and ask for AOS ports and so on.

For example theres this another thread here in Amigaworld froim feanor about new hardware interest:

http://amigaworld.net/modules/newbb/viewtopic.php?topic_id=29594&forum=33&301

Now he has one less trouble in thinking hes possbile hardware.

For beofer this settlement, he would have basically had to negotiate with both Ainc and Hyperion independently two agreements about AOS4, that if you win, then with these terms you would make AOS for me.

And in the end it might have resulted in thrid result which is that some owns some and otheer owns other parts, and he would have needed to make negotiations again.

And that is not very good thing when thinking of producing new AOS4 hardware and representing to investors that "i have these two different agreements on producing AOS4 for my hardware, depending on result on trial, supposing that one or other completely gets the rights even."


And it was also that neither could Hyperion nor Ainc. made any plans with which to go forward, since niether could have countend on owing the rights in the end of trial. So for either one to produce it forward for anything or anywhere, it was always a risk.

And not only the problem of wether both agree, since there might be situations where both could have agreed that that is the best possible thing to do to make AOS4 for this hardware here, but then theres always the chance that it might have affected the trial somehow.

That for example say Ainc. would have asked Hyperions permission to do somehting with AOS4, maybe Judge had took it as Ainc. Acknowledging Hyperions right to that product or whatever.

Its not always very clear in tirals what affects what and you might need to be extremely careful and then everything stays jammed and due to all the uncertainty no third parties want to touch that thing even with a stick either.

So i can find nothing bad in that setllement is finally done.

Its been the biggest hinderance for AOS systems getting forward in my opinion.

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A1200 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 1:54:57
#76 ]
Elite Member
Joined: 5-May-2003
Posts: 3086
From: Westhall, UK

x86

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JamieKrueger 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 2:03:12
#77 ]
Regular Member
Joined: 20-Jun-2004
Posts: 147
From: From the BITbyBIT lab: USA

@all

First of all I'm glad to see that this settlement was made
public in time for the AmiWest show. (I would have liked
to go this year, but with luck I'll be there for the 2010 show).

I am very happy the development on AmigaOS can
continue with this legal barrier finally removed, and
I hope that new hardware deals can now become a
reality as well. This settlement should have happened
more than two years ago, but at least it finally has.

Congratulations Hyperion, I wish you great success with
the future of AmigaOS.

@danwood

To answer your question my employment contract with
Amiga Inc. ends on November 1st (in about two weeks).

I am committed to the completion of AVD and have yet
to make my decision to continue with Amiga Inc. or not
after my initial contract is completed.

Best Regards,

Jamie Krueger

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PLEASE NOTE: I only speak for myself and my company,
and am not a spokesperson for Amiga Inc.

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Hans 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 2:03:19
#78 ]
Elite Member
Joined: 27-Dec-2003
Posts: 4927
From: New Zealand

@Cheese

Quote:

Cheese wrote:
Apart from settling discussions on the legality of OS4.x being AmigaOS (tm), why the smilyes/clapping/ fireworks? Prove me wrong, but I don't see how this helps OS4 development. Being an official AmigaOS doesn't help much unless you've go a product that benefits from such branding.



Because:
- They are now free to develop Amiga OS for whatever hardware they choose
- There were people who were reluctant to buy OS4 because of it's "unclear future," this problem no longer exists. It also eliminates one of the naysayers favourite criticisms.
- No more money being spent on lawyers, etc.

Plus, after all these years, it's really nice to see a positive outcome.

Hans

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Seiya 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 2:09:55
#79 ]
Super Member
Joined: 19-Aug-2006
Posts: 1416
From: Italia

on justia.com there aren't no news about this settlement..

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Boot_WB 
Re: Hyperion and Amiga Inc. reach settlement!
Posted on 18-Oct-2009 2:23:46
#80 ]
Super Member
Joined: 14-Feb-2006
Posts: 1134
From: Kingston upon Hull, UK

@JamieKrueger

Nice to see you writing here, I wish you luck with your future endeavours whichever way that leads you.

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