@pavlor

Thanks for the link.

_________________
"Unix is supposed to fix that." -- Jay Miner

@bison

Note: It seems to have the signature of only one individual.

#6

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*Secrecy has served us so well*

There's the letter of the agreement and then there's the intention of the agreement. When all parties except one have the same understanding of the intents, and that one party that doesn't has been going around town bragging about how he tricked the others... well, it should be obvious where this is going.

Last edited by kolla on 12-Nov-2018 at 06:41 PM.

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B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC

@kolla

Quote:

There's the letter of the agreement and then there's the intention of the agreement.

When the rights were announced:
Quote:

According to the terms of the license Hyperion Entertainment can market and distribute AmigaOS 3.1 in any form, through any medium etc.

It does seem odd that a lawyer would omit the word "develop" if he believed he had such a right. But he could always argue that in order to market he has to develop.

Source

#6

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@number6

Their best defence would be that OS3.1.4 is simply a bug fix hence the prefix 3.1! The fact that it hasn't actually added any application upgrades / OS3.9 type AmiDock entries actually might well have saved them. I certainly don't view it as being comparable to either OS3.5 or 3.9 in terms of bundled apps and on that basis Itec could just as unsucessfully go after the authors of Boing Bags 3 & 4 if they have an issue with the "development" angle. I guess the difference is they were free upgrades for H&P closed proprietary source code?

Last edited by BigD on 12-Nov-2018 at 07:11 PM.
Last edited by BigD on 12-Nov-2018 at 07:09 PM.

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John Lasseter, Co-Founder of Pixar Animation Studios

@Thread

I'd never heard of Workbench 3.X before this thread! So what benefit does that product give? Since OS3.9 is still available to buy from Vesalia all these "lesser" products seem a bit pointless IMHO! However, I guess all the respective parties need their pound of flesh and it's all worth spending hundreds
Of thousands on in court defending the right to sell said products 😁

Last edited by BigD on 12-Nov-2018 at 07:32 PM.

_________________
"Art challenges technology. Technology inspires the art."
John Lasseter, Co-Founder of Pixar Animation Studios

@BigD

Well, AmigaOS 3.1.4 = AmigaOS4 (by 2009 Settlement Agreement definition).

As I linked the Agreement above, you may read it yourself and make a more informed conclusion.

@BigD

Quote:

I'd never heard of Workbench 3.X before this thread!

That is Cloanto´s fork. OS3.1 with licensed parts of OS3.5 and OS3.9. They use this name for years.

In the document, the definition of "AmigaOS 4" includes the parenthetical "irrespective of version number." Of course, this is counterintuitive, but that's nothing new in law.

@pavlor

You could have simply said that instead of being insulting - unless you don't care to get along with people.

At the same time, the arbitrary version number stipulation applies to "AmigaOS 4" (i.e. Hyperion can name "the Operating System developed by Hyperion" with any version number they wish), as distinct from the "Software" (i.e. OS 3.1).

Your claim OS 3.1.4 is a version of OS 4 is, to put it mildly, highly problematic. That said, Hyperion *was* granted the right to commercialize "the Software" without qualification (i.e. not limited to "AmigaOS 4").

No wonder the mess continues.

Last edited by Snorg on 12-Nov-2018 at 11:22 PM.
Last edited by Snorg on 12-Nov-2018 at 11:22 PM.
Last edited by Snorg on 12-Nov-2018 at 11:08 PM.
Last edited by Snorg on 12-Nov-2018 at 11:05 PM.

@Snorg

Quote:

Your claim OS 3.1.4 is a version of OS 4 is, to put it mildly, highly problematic. That said, Hyperion *was* granted the right to commercialize "the Software" without qualification (i.e. not limited to "AmigaOS 4").

AAAAGH i GET IT! They used the suffix .4 at the end of OS3.1 to indicate that it's the OS4 version of OS3.1! At least that's what they could argue. The more I think about it the more I'm convinced Hyperion knew exactly what they were doing in order to muddy the waters, get full control of developing 68k AND PPC version of AmigaOS and use the Amiga developers as pawns in their legal shenanigans.

While the Amiga developers have played their hand well by not accepting payment and therefore attempting to stay beyond reproach, they would have known what they were getting involved in and are morally (if not legally) complicit in this mess also IMHO!

Shame on all parties involved. To play poker like this with our beloved computer platform is no better than Petro pulling the rug from under David Pleasance and Colin Proudfoot despite having no sustainable business development plan like C= UK did or like Gateway shelving the Amiga MCC under duress from Microsoft (allegedly).

You suck Amiga warring parties! A-EON should spend their time, money and energies elsewhere if you're all going to act like children

P.S. AmigaKit are totally right not to stock OS3.1.4 until the dubious legality is cleared up.

Last edited by BigD on 13-Nov-2018 at 12:51 AM.

_________________
"Art challenges technology. Technology inspires the art."
John Lasseter, Co-Founder of Pixar Animation Studios

@BigD,

3.X Roms " https://amigastore.eu/en/453-rom-3x-amiga-4000-two-chips.html "
They don't have the disks anymore but I bought a set.

Chris

Looks like they rolled the changes into the standard version 3.1.

Last edited by QuikSanz on 13-Nov-2018 at 01:32 AM.
Last edited by QuikSanz on 13-Nov-2018 at 01:26 AM.
Last edited by QuikSanz on 13-Nov-2018 at 01:25 AM.

« AAAAGH i GET IT! They used the suffix .4 at the end of OS3.1 to indicate that it's the OS4 version of OS3.1! »

Shit it was just there and I didn’t spot it :(
Of course...they could have name it anything but they choose .4
Clever but I don’t know if it is enough.
Things remain if that pass, e 1.2/3 Kickstart and other Boing Ball etc.

@thread

Quote:

Reliable source indicates that Avangate, Digital River, Amiga on the Lake and Alinea Computers received cease and desist notices jointly from three companies: Amiga, Amino (Amiga Washington) and Itec. 6:29 PM - 12 Nov 2018

Source

I don't suppose anyone would like to confirm or deny this?

#6

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@apsturk

Is that true? Can't believe that.

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@number6

Quote:

number6 wrote: @thread Quote: Reliable source indicates that Avangate, Digital River, Amiga on the Lake and Alinea Computers received cease and desist notices jointly from three companies: Amiga, Amino (Amiga Washington) and Itec. 6:29 PM - 12 Nov 2018 Source I don't suppose anyone would like to confirm or deny this? #6

Good. Those with poor moral standards and bad business ethics obviously needs some help with their thinking. Keep piracy at bay!

@TRIPOS

Let's not be hardened against one another - as I can honestly say we all make mistakes, and each of us only has part of the story. Can we try to be gracious, or at least not tear each other apart?

@TRIPOS

So there are at least 3 open threads on 3 different Amiga sites all of which are DEBATING the entire situation and none of them have actual conclusive information. ALL of them are conjecture and guesses based on fragments of information that is dubious at best..

And yet YOU are absolutely CERTAIN that this is all piracy. It is so easy to lead people down a path when they already know the answers. (At least they THINK they know)

There is a reson this thing is in litgation. That reason is that there are no easy answers so you would be wise to stop slandering folks until the dust settles.

@outlawal2

His personal anti-OS4 crusade started more than 15 years ago. Of course, he posted under another name back then...


I´m certain of one thing. Whatever outcome happens, many Amiga users will be unhappy.

@pavlor

Well as far as I have seen, no matter what many of these Amiga "fans" will be unhappy anyway. Seems that many of them are HAPPY being unhappy.. Absolutely no way to please them regardless

Sad way to go thru life..

@pavlor

Quote:

I´m certain of one thing. Whatever outcome happens, many Amiga users will be unhappy.

Since the Commodore bankruptcy and the ensuing emergence of a plethora of different visions of the future, that has been the case. So this is nothing new.

#6

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This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*