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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 2-Jun-2021 22:11:32
#181 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11539
From: In the village

@matthey

Quote:
Hyperion's financial statements were available and linked from a post on this site.


It's public information, so I'll just post them again, so no one has to hunt:

Hyperion Entertainment

Ben's entity

btw-last check on their grace period showed 6 months, so despite the talk about "2019", I would not discount the possibility that 2020 is soon due.

#6

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kolla 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 3-Jun-2021 6:49:31
#182 ]
Elite Member
Joined: 20-Aug-2003
Posts: 2803
From: Trondheim, Norway

@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?


Yes, “little” and “not enough”.

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?


Nooo… tricked you say? With eyes wide open? With being told repeatedly what they were signing up for? Never! Noone was tricked or duped here, that would be an insult to their intelligence.

“Ben Hermans tricked me!” “Oh really, so how can I trust your code?”

Quote:
Let me be clear. I'm not defending anyone and certainly not Hyperion. But if someone was earning money from my work without respecting a contract then I would sue them no matter what.


How deep is your wallet, how deep is your wallet, how deep is your wallet … I really want to know, 'cause we're living in a world of fools, breaking us down, when they all should let us be, it belongs to you and me…

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 3-Jun-2021 13:11:38
#183 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11539
From: In the village

@TRIPOS

If you find the covid reference humorous, I'll just refer you to Belgian law:

Quote:
The Moratorium Decree is based on the model provided for in Articles XX.50 and XX.51 of the Belgian Code of Economic Law in the context of a judicial reorganization procedure (“JRP”) and must be read in conjunction with the provisions of Book XX of the Economic Law Code relating to corporate insolvency. Please find below the key takeaways from the Moratorium Decree.

Which businesses can benefit from the Moratorium Decree?
All businesses within the scope of Book XX of the Code of Economic Law will automatically benefit from the Moratorium Decree, following two cumulative conditions:

Their continuity is threatened by COVID-19 and its consequences; and
They were not already virtually bankrupt on March 18, 2020 (start of the Belgian lockdown).
Therefore, businesses whose continuity was severely compromised before COVID-19 cannot benefit from the Moratorium Decree, but can still apply for judicial reorganization proceedings (JRP).

The Moratorium Decree only protects the debtor itself and not related third parties (like spouses or guarantors).


#6

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Samwel 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 3-Jun-2021 20:41:43
#184 ]
Elite Member
Joined: 7-Apr-2004
Posts: 3404
From: Sweden

Wouldn’t it be best for all if Cloanto/Amiga Inc (the new company)
simply bought Hyperion and put everything under the same roof?

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NutsAboutAmiga 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 3-Jun-2021 20:44:06
#185 ]
Elite Member
Joined: 9-Jun-2004
Posts: 12761
From: Norway

@Samwel

No they don’t wont to do that, this all about owning trademarks.

Mike wonts to be the dictator of Amiga.

Last edited by NutsAboutAmiga on 03-Jun-2021 at 08:46 PM.

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bennymee 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 3-Jun-2021 21:03:28
#186 ]
Cult Member
Joined: 19-Aug-2003
Posts: 695
From: Netherlands

@geen_naam

And it keeps it's value :)

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amigadave 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 3-Jun-2021 22:25:04
#187 ]
Super Member
Joined: 18-Jul-2005
Posts: 1731
From: Lake Shastina, Northern Calif.

@NutsAboutAmiga

Quote:

NutsAboutAmiga wrote:
@Samwel

No they don’t wont to do that, this all about owning trademarks.

Mike wonts to be the dictator of Amiga.


I don't know what your problem is with Mike and Cloanto, or the new Amiga Inc. is, or why you tend to support Hyperion, but I'd like to see any evidence you have that Mike "wants to be the dictator of Amiga". As Samwel wrote, and I agree, why won't it be a good thing to have everything "Amiga", under one company again? How could it be any worse than what we have experienced over the last 10 to 15 years with Hyperion?

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Mobileconnect 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jun-2021 6:30:29
#188 ]
Regular Member
Joined: 13-Jun-2003
Posts: 478
From: Unknown

@Samwel

Apparently Hyperion wants much more money for that anyone would realistically pay, so then the only choice is make a deal with them or beat them in court or hope they go bust.

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AmigaBlitter 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jun-2021 7:03:35
#189 ]
Elite Member
Joined: 26-Sep-2005
Posts: 3508
From: Unknown

@NutsAboutAmiga

Quote:
Mike wonts to be the dictator of Amiga.


you certainly don't know Mike. He's not that kind of person and his intentions are certainly not to act as the dictator of the situation. Quite the contrary, he has repeatedly lent his hand to others by inviting them to collaborate.

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OlafS25 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jun-2021 9:26:12
#190 ]
Elite Member
Joined: 12-May-2010
Posts: 6305
From: Unknown

@NutsAboutAmiga

Would you pay lots of dollars for something that is worth almost nothing or at least not much?

AmigaOS with how many users? One thousand? Two thousand?

If Ben H. would have been willing to sell all Trevor D. would have not financed the enhancer package and amigakit would not be trying to replace the OS

It is a little funny how simple the world for many is. In my view it is about money for all involved parties, not more not less

No side is sanctuary, not Cloanto and not Hyperion

BTW as someone wrote when I from time to time exchanged emails with Mike he always was a kind person. I do not know Ben H. in person so cannot say anything about him.

Last edited by OlafS25 on 04-Jun-2021 at 09:29 AM.
Last edited by OlafS25 on 04-Jun-2021 at 09:27 AM.

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NutsAboutAmiga 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jun-2021 9:55:23
#191 ]
Elite Member
Joined: 9-Jun-2004
Posts: 12761
From: Norway

@OlafS25

Quote:
If Ben H. would have been willing to sell all Trevor D.


Settlement agreement did not transferee ownership of AmigaOS3.1, only gave Hyperion the right to continue development, so anything that is bases on some % of original code, will have mixed bag, not fully paied for not fully owned, (Unless it can be proven that buyback agreement is valid, then its Hyperion who owns AmigaOS. until Amiga Inc pays for it.)

New things like Amiga Input, or USB stack, can maybe be sold, but again only if Hyperion has paid its contractor the agreed amount. If not, Hyperion will settle with their privilege creditors first (the developers), whoever owns what after that’s done, might give some clarity. But you can end up with half an OS to sell.

Trever might actually own some of that already, I remember there was page about what Hyperion owned and What Trever D (ExecSG Team) has domain over.

Last edited by NutsAboutAmiga on 04-Jun-2021 at 10:06 AM.
Last edited by NutsAboutAmiga on 04-Jun-2021 at 10:02 AM.
Last edited by NutsAboutAmiga on 04-Jun-2021 at 09:59 AM.
Last edited by NutsAboutAmiga on 04-Jun-2021 at 09:58 AM.

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OlafS25 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jun-2021 10:22:25
#192 ]
Elite Member
Joined: 12-May-2010
Posts: 6305
From: Unknown

@NutsAboutAmiga

again if there would have been a chance to get all the rights Trevor D. would not have financed a separate branch. Either Ben H. is not willing to sell or the amount of money he wants is unrealistic. Mike already said that he is not against OS4 or even 3.1.4 so it is a matter of coming to agreement. Trevor is mainly interested in OS4 and Cloanto mainly in 68k (classic) so I do not see there a basic problem. The problem I see is owning Hyperion right now.

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Hammer 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jun-2021 14:49:15
#193 ]
Elite Member
Joined: 9-Mar-2003
Posts: 5088
From: Australia

@matthey

Quote:

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.


Perhaps 68K Amiga install base is still larger than PowerPC Amiga's install base.

I bought AmigaOS 3.1.4 for my bro's A500 (rev 6, Wicher 508 accel) and my A1200 (rev 1.D1, waiting for 68LC060 accel card to arrive). I bought AmigaOS 3.2 for the mentioned Amigas.

Last edited by Hammer on 06-Jul-2021 at 02:27 AM.

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NutsAboutAmiga 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jun-2021 18:22:55
#194 ]
Elite Member
Joined: 9-Jun-2004
Posts: 12761
From: Norway

@OlafS25

Does he own everything? Last license text says “developed under contract” or something similar, I guess that’s the settlement contract, it no longer says “copyright all rights reserved”

Last edited by NutsAboutAmiga on 04-Jun-2021 at 06:24 PM.

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 21-Jun-2021 11:49:57
#195 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11539
From: In the village

@matthey

Reference to the quote from Ben on Amiganews.de:
Quote:
"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."

Source - Hyperion: Ben Hermans temporarily relieved from director position


New - 2019 filed, with .pdf

#6

Last edited by number6 on 21-Jun-2021 at 12:47 PM.

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kolla 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 23-Jun-2021 1:05:03
#196 ]
Elite Member
Joined: 20-Aug-2003
Posts: 2803
From: Trondheim, Norway

@NutsAboutAmiga

Quote:

Does he own everything?

No, not at all.
Quote:

Last license text says “developed under contract” or something similar, I guess that’s the settlement contract, it no longer says “copyright all rights reserved”

The very first releases of OS 3.1.4 said "All Rights Reserved", but it was quickly changed (along with a few other rather ...ahm... face-palm-worthy changes) to "Developed under License". The licenser in this mess would be Cloanto today. Licenses can be reworked and clarified, and they can also be revoked.

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amigadave 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 25-Jun-2021 2:12:33
#197 ]
Super Member
Joined: 18-Jul-2005
Posts: 1731
From: Lake Shastina, Northern Calif.

@OlafS25

Quote:

OlafS25 wrote:
@NutsAboutAmiga

again if there would have been a chance to get all the rights Trevor D. would not have financed a separate branch. Either Ben H. is not willing to sell or the amount of money he wants is unrealistic. Mike already said that he is not against OS4 or even 3.1.4 so it is a matter of coming to agreement. Trevor is mainly interested in OS4 and Cloanto mainly in 68k (classic) so I do not see there a basic problem. The problem I see is owning Hyperion right now.


The only problem I see is the owner of Hyperion right now!

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MEGA_RJ_MICAL 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 25-Jun-2021 6:20:18
#198 ]
Super Member
Joined: 13-Dec-2019
Posts: 1200
From: AMIGAWORLD.NET WAS ORIGINALLY FOUNDED BY DAVID DOYLE

Quote:

Source - Hyperion: Ben Hermans temporarily relieved from director position



A lawyer's lawyer, dealing with the compulsory dissolution of a company that hasn't a director anymore and can't appoint one, whose only asset is an IP it never really owned, and which is now theoretically owned by a different company.

This, my friends, doesn't even match the classic picture of vultures feeding on a corpse, anymore.
This is... maggots feeding over the corpses of vultures who died eating the venomous carcass of a rattlesnake.

VOOOOOOOOR ON

/MEGA

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BigD 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 25-Jun-2021 11:01:43
#199 ]
Elite Member
Joined: 11-Aug-2005
Posts: 7275
From: UK

@MEGA_RJ_MICAL

Wow!!! What a vivid image! Please don't try and draw that...ever! I think I have a Tibetan 'Sky Burial' type picture in my mind. Though I don't think the carcasses stick around long enough to get maggots. Maybe a Tibetan Mastiff dog feasting on the vulture carcasses would finish the montage?

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 5-Jul-2021 16:10:28
#200 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11539
From: In the village

@thread

Ben Hermans restored

document filed today

#6

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