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Anonymous 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 29-May-2021 13:58:16
# ]

0
0

@geen_naam

Quote:
Some consider diversity preachers also as extemists.




@tygre

If being pro-democracy and pro-science equates you to being an extremist or wanting better healthcare to a "communist", then so be it I guess.

Tying your shoes probably qualify you as an extremist in some group's eyes these days.

Last edited by _Steve_ on 30-May-2021 at 09:21 PM.

 
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geen_naam 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 29-May-2021 15:53:57
#162 ]
Regular Member
Joined: 29-Nov-2003
Posts: 111
From: The Netherlands

@sauce

Wow, your mommy must be proud of you. Amazing that you know how to operate a piece of tech at all.

Thanks for proving my point about extremists. Posting and image of some kkk member just because you do not agree with someone is pretty extreme in my book. You even create a new account while it's pretty clear who you are.

But I do not judge you on your extremist actions because this forum is about amiga and not about policital views.

That was my message all along. Hard to understand, right?

Last edited by geen_naam on 29-May-2021 at 06:23 PM.
Last edited by geen_naam on 29-May-2021 at 06:22 PM.
Last edited by geen_naam on 29-May-2021 at 04:04 PM.
Last edited by geen_naam on 29-May-2021 at 03:59 PM.

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 29-May-2021 19:36:31
#163 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@thread

Article on most recent thread topic: Hyperion: Ben Hermans temporarily relieved from director position

english

german

#6

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TRIPOS 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 29-May-2021 21:38:40
#164 ]
Super Member
Joined: 4-Apr-2014
Posts: 1159
From: Unknown

@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."


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AP 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 30-May-2021 11:08:38
#165 ]
Cult Member
Joined: 31-Jul-2003
Posts: 611
From: Vienna/Austria

@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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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 30-May-2021 11:48:00
#166 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@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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cgutjahr 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 30-May-2021 14:24:15
#167 ]
Cult Member
Joined: 8-Mar-2003
Posts: 950
From: Unknown

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.

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kolla 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 30-May-2021 23:45:54
#168 ]
Super Member
Joined: 20-Aug-2003
Posts: 1911
From: Trondheim, Norway

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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AP 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 31-May-2021 12:29:20
#169 ]
Cult Member
Joined: 31-Jul-2003
Posts: 611
From: Vienna/Austria

@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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Rose 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 31-May-2021 16:49:38
#170 ]
Cult Member
Joined: 5-Nov-2009
Posts: 963
From: Unknown

@AP

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

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NutsAboutAmiga 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 31-May-2021 17:11:26
#171 ]
Elite Member
Joined: 9-Jun-2004
Posts: 11998
From: Norway

@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.

Last edited by NutsAboutAmiga on 31-May-2021 at 05:19 PM.
Last edited by NutsAboutAmiga on 31-May-2021 at 05:16 PM.
Last edited by NutsAboutAmiga on 31-May-2021 at 05:15 PM.
Last edited by NutsAboutAmiga on 31-May-2021 at 05:13 PM.

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geen_naam 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 31-May-2021 19:05:17
#172 ]
Regular Member
Joined: 29-Nov-2003
Posts: 111
From: The Netherlands

@NutsAboutAmiga

Afaik, their "NDA" is a bit more than non-disclosure. You'll also transfer ownership.

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NutsAboutAmiga 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 31-May-2021 20:37:28
#173 ]
Elite Member
Joined: 9-Jun-2004
Posts: 11998
From: Norway

@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.

Last edited by NutsAboutAmiga on 31-May-2021 at 09:40 PM.
Last edited by NutsAboutAmiga on 31-May-2021 at 09:08 PM.
Last edited by NutsAboutAmiga on 31-May-2021 at 09:06 PM.
Last edited by NutsAboutAmiga on 31-May-2021 at 09:03 PM.
Last edited by NutsAboutAmiga on 31-May-2021 at 08:59 PM.
Last edited by NutsAboutAmiga on 31-May-2021 at 08:52 PM.
Last edited by NutsAboutAmiga on 31-May-2021 at 08:50 PM.

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MEGA_RJ_MICAL 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 1-Jun-2021 6:03:16
#174 ]
Cult Member
Joined: 13-Dec-2019
Posts: 532
From: AMIGAWORLD.NET WAS ORIGINALLY FOUNDED BY DAVID DOYLE

Summary:

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

/MEGA























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

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geen_naam 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 1-Jun-2021 6:56:22
#175 ]
Regular Member
Joined: 29-Nov-2003
Posts: 111
From: The Netherlands

@NutsAboutAmiga

disclaimer: I'm not educated in (international) law. My english isn't good enough to use the correct legal terms.

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.
I think that there are two outcomes:
1) Hyperion has the money and is ordered to pay what is owed.
2) Hyperion doesn't have the money and is declared insolvent. The executer will discover if there's a opportunity for a restart where a new owner is willing to take over the debts. If not, assets are sold and what's left after substraction of Tax debt and other priority creditors will be divided over the plaintiffs.

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.

Last edited by geen_naam on 01-Jun-2021 at 07:02 AM.
Last edited by geen_naam on 01-Jun-2021 at 06:58 AM.
Last edited by geen_naam on 01-Jun-2021 at 06:57 AM.

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AP 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 1-Jun-2021 12:36:42
#176 ]
Cult Member
Joined: 31-Jul-2003
Posts: 611
From: Vienna/Austria

@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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cgutjahr 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 1-Jun-2021 13:37:27
#177 ]
Cult Member
Joined: 8-Mar-2003
Posts: 950
From: Unknown

@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.

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 1-Jun-2021 14:43:55
#178 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@MEGA_RJ_MICAL

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

#6

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MEGA_RJ_MICAL 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 1-Jun-2021 17:18:50
#179 ]
Cult Member
Joined: 13-Dec-2019
Posts: 532
From: AMIGAWORLD.NET WAS ORIGINALLY FOUNDED BY DAVID DOYLE

@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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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 1-Jun-2021 17:31:27
#180 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@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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