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      /  Hyperion/ITEC/AMINO Agreement posted on Justia.com
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Trev 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 15:57:35
#61 ]
Cult Member
Joined: 24-Jul-2005
Posts: 777
From: Sacramento, CA, USA

@fairlanefastback

Where did I say they couldn't?

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Jupp3 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 15:58:44
#62 ]
Super Member
Joined: 22-Feb-2007
Posts: 1224
From: Unknown

What does this mean for Amiga inc's AmigaOS 5.0? Will that be canceled?

I heard it was going to be better than MacOS X...

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DAX 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 16:00:13
#63 ]
Elite Member
Joined: 30-Sep-2009
Posts: 2790
From: Italy

@itix
Well Amiga OS is splitted into several releases, so saying "Ainc. owns Amiga OS" in general is extremely wrong.
By the way, because 3.0 is very similar to 3.1 they cannot sell it (the agreement is quite clear on this subject).
They are prohibited to compete with Hyperion, so no selling AmigaOS stuff of any kind aside from fulfilling old contracts.

Which means they are out.

Last edited by DAX on 15-Dec-2009 at 04:01 PM.

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Trev 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 16:04:06
#64 ]
Cult Member
Joined: 24-Jul-2005
Posts: 777
From: Sacramento, CA, USA

@Jupp3

AmigaOS is dead. Long live AmigaOS.

(If there ever was an Amiga OS 5, it most likley never the back of the envelope.)

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DAX 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 16:13:09
#65 ]
Elite Member
Joined: 30-Sep-2009
Posts: 2790
From: Italy

@Trev
AmigaOS is more alive today than it ever was.

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damocles 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 16:17:47
#66 ]
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Joined: 22-Dec-2007
Posts: 1719
From: Unknown

@fairlanefastback

Quote:
If any amount of money changed hands it normally at the least would be referred to as a mutually agreed to undisclosed sum as that would have been a term in reaching the settlement.


So you think there is no financial reimbursement to AI for Hyperion's use of AI's IP and trademarks now or with future sales?

Quote:
No, it is not a document of only what Hyperion gets and not what AI gets.


What does AI get out of this new agreement other then the law suits dropped by all parties?

Quote:
You just want to keep up your campaign.


Actually what I wanted is what AI and Hyperion agreed to, to stop bashing each other. It makes no financial sense for either to continue and having this apart of the agreement, one would hope the web would also begin to tone down or eliminate the cross bashing being done as well. Sooner people stop taking a whiz in the ever evaporating tidal pool, the faster healing can begin if it's not already too late.

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DAX 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 16:29:26
#67 ]
Elite Member
Joined: 30-Sep-2009
Posts: 2790
From: Italy

@damocles
Quote:
So you think there is no financial reimbursement to AI for Hyperion's use of AI's IP and trademarks now or with future sales?

It is more than Fairlanefasback saying it, it is actually written in the agreement.

For past issues it states that Hyperion does not owe Ainc a single penny, while for the future, it states that Ainc grants rights to Hyperion completely royalty free (ie: they don't have to pay anything to Ainc for using what has been agreed in the settlement).

What Ainc. gets is to finally stop bleeding money for nothing (to pay a very expensive law-firm).

That's it basically.

Last edited by DAX on 15-Dec-2009 at 04:29 PM.

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Trev 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 16:31:28
#68 ]
Cult Member
Joined: 24-Jul-2005
Posts: 777
From: Sacramento, CA, USA

@DAX

That's what that particular turn of phrase means.

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itix 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 16:46:43
#69 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3398
From: Freedom world

@DAX

Quote:

By the way, because 3.0 is very similar to 3.1 they cannot sell it (the agreement is quite clear on this subject).


I cant bother to check that PDF again but I think it only says Amiga Inc can not develop similar Amiga operating systems. They can sell exisiting Amiga operating systems if it is not version 3.1.

On the other hand if Amiga Inc can not sell older OS versions maybe it is time to create new AmigaOS 1.3 clone.

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DAX 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 17:14:20
#70 ]
Elite Member
Joined: 30-Sep-2009
Posts: 2790
From: Italy

@itix

There is clause to avoid "escape routes" that would allow Ainc to enter in contrast with the "exclusive" rights it is granting to Hyperion (it would not be THAT exclusive if you could commercialize something substantially similar).

Here is what it states:

Quote:
" For the avoidance of doubt with respect to the exclusive nature of the license granted to Hyperion for "the Software", the Amiga parties shall during the term of this agreement Not commercialize anywhere in the world (including sub-licensing) distribute or make available to the public in any way or form. on any medium, and through any means (now known or otherwise) "the Software" (in part or as a whole) and any Operating System exhibiting a Software Architecture substantially similar to the software architecture of "the Software"

Which means that at least OS3.0 (and probably 2.0/2.1) is ruled out.

I don't know if 1.3 applies though...



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Rogue 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 17:31:16
#71 ]
OS4 Core Developer
Joined: 14-Jul-2003
Posts: 3999
From: Unknown

@itix

Quote:
That is why I wrote "there wasnt real case": no demands, no hate mails to Evert Carton.


So your definition of "real case" is writing hate mails to Evert?

Quote:
Right or wrong?


What part of my previous reply didn't you understand? I already stated that the suit was there to secure our ownership right, so "wrong", not it wasn't intended to complicate the case, it was intended to secure our ownership rights, and if the above sentence sounded like a repetition, that is because I obviously have to say everything twice before it is understood.

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Lou 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 17:32:18
#72 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4050
From: Rhode Island

@DAX

Quote:

DAX wrote:
@itix

There is clause to avoid "escape routes" that would allow Ainc to enter in contrast with the "exclusive" rights it is granting to Hyperion (it would not be THAT exclusive if you could commercialize something substantially similar).

Here is what it states:

Quote:
" For the avoidance of doubt with respect to the exclusive nature of the license granted to Hyperion for "the Software", the Amiga parties shall during the term of this agreement Not commercialize anywhere in the world (including sub-licensing) distribute or make available to the public in any way or form. on any medium, and through any means (now known or otherwise) "the Software" (in part or as a whole) and any Operating System exhibiting a Software Architecture substantially similar to the software architecture of "the Software"

Which means that at least OS3.0 (and probably 2.0/2.1) is ruled out.

I don't know if 1.3 applies though...

Heck, the way that's worded, they can't sell AROS either.

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SpaceDruid 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 17:32:57
#73 ]
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Joined: 12-Jan-2007
Posts: 1748
From: Inside the mind of a cow on a planet that's flying through space at 242.334765 miles per second.

@Rogue

You can say that again!

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AmigaHeretic 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 18:42:18
#74 ]
Super Member
Joined: 7-Mar-2003
Posts: 1697
From: Oregon

@Rogue

So what I hear you saying and basically what it all boils down to is this:

Using "we only have a license for PPC" is no longer a valid argument for not moving AmigaOS 4.x to x86.


Does that sum it up?

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itix 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 20:28:10
#75 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3398
From: Freedom world

@Rogue

Quote:

Quote:

That is why I wrote "there wasnt real case": no demands, no hate mails to Evert Carton.

So your definition of "real case" is writing hate mails to Evert?


That is correct. In real life there are incidents where an employee file a case against their employer but it is only done to protect employer from competitors. Hence my doubt.

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itix 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 20:49:10
#76 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3398
From: Freedom world

@DAX

Now when I read it again it might indeed mean that Amiga can not sell old Kickstarts even. If it so they can not get money even from old Kickstart 1.3 images. Heck, they cant give Kickstart 1.3 ROM images even for free. That is not so nice but maybe we see free Kickstart replacements in the future.

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Trev 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 21:25:23
#77 ]
Cult Member
Joined: 24-Jul-2005
Posts: 777
From: Sacramento, CA, USA

@itix

Quote:

That is not so nice but maybe we see free Kickstart replacements in the future.


Doubtful, at least on real hardware. Other hardware vendors (Microsoft, Nintendo, and Sony) have successfully argued that hardware initialization code (copyrighted or otherwise) is a technological measure under the circumvention sections of the US DMCA. You might be able to argue an exception given the age and lack of commercial availability of Amiga systems, but only for specific uses. The fact that Kickstart images still hold commercial value, however, makes a successful argument unlikely.

EDIT: All of this assumes that Amiga, Inc. or Hyperion would be willing to sue over such a thing, and I suspect they would.

Last edited by Trev on 15-Dec-2009 at 09:32 PM.

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retro 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 21:31:48
#78 ]
Super Member
Joined: 16-Dec-2003
Posts: 1035
From: Unknown

Rogue, i am not trying to start a fight or anything
but is the roadmap stil that amigaDE is to be intergrated in os 4.x or is the cold air betwin hyperion and amiga inc dominant

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Trev 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 21:37:40
#79 ]
Cult Member
Joined: 24-Jul-2005
Posts: 777
From: Sacramento, CA, USA

@retro

AmigaDE is dead. It would probably be more cost-effective to assist any and all AmigaDE developers in porting their software to AmigaOS 4 than it would to attempt a port of AmigaDE itself, even if it were legally possible.

EDIT: It's sad, in a way. The current incarnation of AmigaAnywhere has the potential, if implemented correctly, to position itself alongside bleeding edge parallel programming languages. The main concepts behind these products (grossly oversimplified, of course) are asynchronous message passing and parallel data manipulation without synchronization primitives.

Last edited by Trev on 15-Dec-2009 at 09:43 PM.

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number6 
Re: Hyperion/ITEC/AMINO Agreement posted on Justia.com
Posted on 15-Dec-2009 21:50:59
#80 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10881
From: In the village

@Trev

Quote:
It would probably be more cost-effective to assist any and all AmigaDE developers in porting their software to AmigaOS 4


Some, like @glames, have been going that route since 2007 actually.

http://amigaworld.net/modules/news/article.php?storyid=3893

Released the following February.

#6

Last edited by number6 on 15-Dec-2009 at 09:53 PM.

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