@number6

Quote:

number6 wrote: @thread Article on most recent thread topic: Hyperion: Ben Hermans temporarily relieved from director position english german #6

Quote:

We approached Mr. Hermans and asked for a statement regarding the Ben Hermans BV issue. Mr. Hermans told us he can't really comment on this, as it's being handled by his lawyer currently. He gave us the following statement: "There is no issue of 'insolvency', there was failure to file the yearly account for 2019 in time due to the accountancy firm not having the time to complete this in time apparently due to the COVID restrictions including but not limited to 'work from home' restrictions and very limited staff allowed in offices. It would be inappropriate for me to comment further without approval for my lawyer."

@TRIPOS: Why "LOL"? As far as I know Ben Hermans Statement is true and you can check it public (although not in English).

And even if you read the full news-item from C. Gutjahr at amiga-news (who isn't exactly a friend of Ben) you will notice, that this is only a formal matter and he is not in danger to loose his position as Hyperion director.

https://amiga-news.de/en/news/AN-2021-05-00077-EN.html

Last edited by AP on 30-May-2021 at 11:09 AM.

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@AP

For those following history and perhaps missed this.

Since this isn't the first time, and we have a clear record of how such an event can transpire:

From the page 1 of this thread summary

The links in post #1 should suffice.
In the above case it was the Hyperion Entertainment accounts.

btw-those are also missing 2020 filings currently.

Quote:

he is not in danger to loose his position as Hyperion director.

But is he director currently, until this matter is addressed?

#6

Last edited by number6 on 30-May-2021 at 12:00 PM.

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Since number6 is too polite for his own good, let me translate that into something AP might understand (and immediately dismiss):

If Ben starts blaming his accountant, that's s a dead giveaway that shit has hit the fan.

"LOL" is exactly the right kind of reaction here.

The man that didn’t need a lawyer because he himself is a lawyer now refuse to speak without his lawyer present.

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@cgutjahr: You should add this to your news-item on an.de. Maybe just as opener: "Hyperion: Shit hits the fan!"

https://amiga-news.de/en/news/AN-2021-05-00077-EN.html

number6 is not too polite he tries to be neutral and objective. You could learn from him.

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@AP

Or he knows what has happened during the 10 years you were away...

@AP

There is not a lot to liquidat, what Hyperion own, they don’t really own, most of was never paid for, the developer worked on it, can as easy clam to own it, they currently fight for Hyperion unique contract to be only rightfully allowed to work on AmigaOS4.x, and who will willing buy any of this? Can he turn around the company and make it profitable? Jean Louis de Chaffoy de Courcelles has an challenge. Fix this legal mess and make a profit.

It will take a lot to fix the legal mess Ben H & Bill McEwen and his investors created.

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@geen_naam

If Hyperion has broken the work contract by not paying the developer the developer has legal right to compensation. And can be considered a creditor.

https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---travail/documents/publication/wcms_745455.pdf

"1. In the event of the bankruptcy or judicial liquidation of an undertaking, the workers employed therein shall be treated as privileged creditors either as regards wages due to them for service rendered during such a period prior to the bankruptcy or judicial liquidation as may be prescribed by national laws or regulations, or as regards wages up to a prescribed amount as may be determined by national laws or regulations"

https://www.godfreylegal.com/when-non-disclosure-agreements-protect-criminals/

The NDA does not protect the company from commiting RAPE, the NDA is not valid if the company has commit crime, abuse on its worker.

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Summary:

Hyperion is now 1 person, and that person is insolvent.

/MEGA























ps. ONLY THE PENITENT MAN WILL PASS!!!!!!!!!!!

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@Rose: Maybe. I am sure he knows more about the details, because I am more interested in actual using AmigaOS than knowing every little detail about the lawsuits and the financial stuff in the background.

The other thing is: I heard so many times that "Hyperion/Ben is done this time!" in the past that I tend to believe the official statement for now. It looks more like a formal, solvable problem to me than the end of Hyperion. That doesn't mean that I think that there are no financial troubles. But let´s wait and see, ok?

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@geen_naam
Quote:

I'm not sure if you automatically own the software that you've created in service of a company when they fail to pay you unless it was a buyer supplier construction.

Traditionally, developers aren't getting paid to create code for Hyperion (or, in the past, H&P) - they license the finished product to the OS distributor, usually with some limitations (duration of the license, certain OS release, certain CPU).

Stephan Rupprecht's contract is part of the publicly available AInc-Hyperion court documents, but I'm too lazy to search for it right now.

The new NDA, which contains clauses that apparently (according to ben Hermans, at least) transfer rights to the code to Hyperion is newer than that. I'd have to check, but I'd say it came up in the last 5-7 years, i.e. long after anybody was promised payment. There was a push to have existing developers sign the new NDA a few years ago.

@MEGA_RJ_MICAL

Actually "Judicial liquidator appointed." and insolvent are not the same thing.

#6

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@number6

Details friend number6, details.

One might entail the other.
Might!

But alas, as we came to learn through this decade of miseries,
in the world of our common friend Ben, "might" always translates to "is".

#MEGA

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@MEGA_RJ_MICAL

Point taken.

No worries RJ, I stopped putting value to people's "words" more than a decade ago.

#6

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@geen_naam

Quote:

geen_naam wrote: If those developers signed a contract where it was agreed to be paid a x amount of money for the work the've done in service of Hyperion then they should sue Hyperion for breach of contract.

And gain what exactly? Money? There is no money to win, so why bother.

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@geen_naam

Quote:

But if someone was earning money from my work without respecting a contract then I would sue them no matter what.

People did try that. And then some.

But we're talking about an amount in controversy of (typically) somewhere around 10k. Starting litigation for that in a different country is usually not worth the hassle.

And once you watched your first fellow developer spend quite some money on litigation against Hyperion without achieving anything, while Ben Hermans demonstrated with the lawsuit against AInc that he doesn't hold back when the going gets though - simply walking away is probably going to look a lot more appealing.

@kolla

It does need to be money it can be other assets, like office equipment, the thing the developer worked on, or furniture, whatever really, ben’s old car.

it most like be auction to figure out the value, and sales of this assets will be divided by the creditors. But to do that, they need to figure out what Hyperion owns and not, and it can result in a legal action between the Belgian government and Cloanto.

Just because there is no money does mean that the debt disappears, you can sell debt to debt collection company.

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geen_naam Quote:

So you actually know how much money Hyperion has gained from os4 and os3.2 sales and what the value of their assets is?

Hyperion's financial statements were available and linked from a post on this site. It looked like they were losing money each year selling AmigaOS 4 only and AmigaOS 3.1.4 for the 68k turned things around for them. It appeared that they made several hundred thousand euros off AmigaOS 3.1.4 as I recall.

geen_naam Quote:

Or could it be that those developers (were tricked to) sign a contract that would give them a very weak legal position and that there's no case?

A crooked lawyer can take advantage of the average person's legal ignorance. Look at the 2009 Settlement Agreement signed by Amiga Inc. and businesses usually have better legal resources and knowledge than the general public.

@matthey

But Hyperion has collected debt, from back when they where fighting Amiga Inc, in 2008, approximately 13 years with legal dispute.

Whatever nickels and dimes they made, they have not become rich.

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