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Mobileconnect 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 24-Nov-2024 8:19:12
#401 ]
Cult Member
Joined: 13-Jun-2003
Posts: 504
From: Unknown

This thread has gone totally off topic, although I believe we will get some news about the death of hyperion soon.

In the meantime, here's some food for thought:

The biggest, lowest value cost for any OS provider is device drivers. Windows gets device drivers because it's number one. Linux gets device drivers because if the OEMs don't make them, no one else will, no CEO of linux to get to pay for it, and even then you know the nvidia situation. Mac gets drivers because they only use one set of hardware and increasingly use their own.

Haiku took twenty years to get a decent set of device drivers for twenty year old hardware let alone modern hardware.

Even Android doesn't get device drivers, they leverage linux to do so. Then completely cover the linux surface area so it doesn't feel like what you have is a linux OS with all it's foibles. This was the single biggest smartest thing they did to accelerate their late entry to smartphones.

There is no future for Amiga OS or any variants that involves running the kernel directly on modern hardware. As much as Linux is the 'anti-Amiga', the only future lies in a linux kernel base, and then wrap it with whatever you like, a hosted AROS, an emu68 type virtual CPU plus chipset emulation or not, UAE/amibian/amiberry, deadwood's AxRuntime, even OS4 on QEMU. This comes with the added advantage of being able to run native linux apps for those too damn hard to port to amiga like browsers.

Last edited by Mobileconnect on 25-Nov-2024 at 08:18 AM.

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Bosanac 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 24-Nov-2024 8:57:09
#402 ]
Regular Member
Joined: 10-May-2022
Posts: 257
From: Unknown

@Mobileconnect

Amithlon/Umilator was the correct way.

If Bernie ever publishes the source to it it would be amazing.

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jan-2025 13:26:22
#403 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11634
From: In the village

@thread

This thread went horribly off-topic as usual. In order to understand the "new" news, I'll post the link to the Amiganews story from October, 2024. A review of this might help in understanding.

October 28, 2024

Although much has occurred since, the following public information -can- be posted.

Ben starts yet another new entity

and

Timothy De Groote becomes new director of Hyperion Entertainment

You'll also note instead of the curator (Charlotte Piers), the other name listed in the above document is designated court auditor Bart De Moor.

News courtesy: Amigadocuments

#6

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kolla 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jan-2025 13:59:30
#404 ]
Elite Member
Joined: 20-Aug-2003
Posts: 3333
From: Trondheim, Norway

@number6

Whackamole

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jan-2025 16:10:42
#405 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11634
From: In the village

@kolla

Quote:
Whackamole

or

"Déjà vu all over again" is a phrase taken from a famous quotation attributed to Yogi Berra: "It's like déjà vu all over again."

#6

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Kronos 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jan-2025 16:37:09
#406 ]
Elite Member
Joined: 8-Mar-2003
Posts: 2709
From: Unknown

@number6

I really wonder what Timothy gets out of putting him into the "drivers seat" of a dead company.

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jan-2025 16:54:25
#407 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11634
From: In the village

@Kronos

Possibly a court choice based on he and Costel being directors during the attempted takeover.

Currently he is "Timothy The Great"

source

and currently in charge of a recreational facility, which features shooting, axe throwing, and "prison island", with 30 cells. Surely this fits nicely with all we know of those with Amiga aspirations?

Source

taken from linkedin


#6

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Kronos 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 4-Jan-2025 17:31:20
#408 ]
Elite Member
Joined: 8-Mar-2003
Posts: 2709
From: Unknown

@number6

Remember:

Whenever you think you scrapped the bottom of the barrel you'll find something digging a hole!!



Or something like that

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matthey 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 5-Jan-2025 7:38:38
#409 ]
Elite Member
Joined: 14-Mar-2007
Posts: 2421
From: Kansas

#6 Quote:

Although much has occurred since, the following public information -can- be posted.

Ben starts yet another new entity


At least Ben's new business is not Amiga related. Lawyers often use their names for law firms based on their reputation which is tainted in the case of "Ben Hermans" but he may have few other choices after being fired from so many other firms. The fall from a prominent lawyer due to Amiga related shenanigans has no doubt affected his personal income but this news means he has not been debarred or imprisoned yet.

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 5-Jan-2025 15:29:27
#410 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11634
From: In the village

@matthey

Not so much for you as for those who find following and reading all the links a tad challenging:

Summary: The court document suggests 2 mandates basically.

Quote:
he will remain in office until any uncertainties surrounding Hyperion's ownership have been resolved and a new official director has been appointed.


As the new director has now indeed been appointed, and because I believe that the hearing concerning ownership draws near, you can all chose to be either an optimist or pessimist.

I sense that since we are dealing with an auditor here, that the decision will be based on the facts.

Best of luck to all involved. Try to control your bravado and/or euphoria.

#6

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 7-Jan-2025 1:57:24
#411 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11634
From: In the village

@thread

Masochists might enjoy the amiganews comment section:

Source 2 pages ATM

*golf clap* for the variety of opinions!

#6

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matthey 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 7-Jan-2025 23:30:57
#412 ]
Elite Member
Joined: 14-Mar-2007
Posts: 2421
From: Kansas

#6 Quote:

Masochists might enjoy the amiganews comment section:

Source 2 pages ATM

*golf clap* for the variety of opinions!


The information from the comments sounds too specific to merely be opinion.

War on all fronts (07-Jan-2025, 00:02) Google translation Quote:

@Anonymous:

> wrong, the next hearing on this is in March

It's no longer about who owns the Hyperion shares. It's too late for that.

Dickinson's new star lawyer requested the application of Article 5.156 § 1 of the GGV: "The articles of association may provide that in the event of the death, bankruptcy, obvious insolvency, liquidation or incapacitation of a shareholder, the shareholder is deemed to have resigned by operation of law from that point in time applies."

This is what Ben Hermans (and perhaps also the administrator of the BHBV) now contradicts.


Invoking the insolvency clause would be the end of the tentative Ben, Trevor and Matthew alliance vs Michele. Perhaps we have Trevor and Matthew vs Ben vs Michele in the escalating battles for control of Amiga Neverland. Ben may be a has been in Amiga Neverland but he likely has dirt on Trevor that could insure their mutual destruction and his bigger enemy may now be Trevor. After all, Michele only required what he stole while generously sharing some crumbs while Trevor attempts to take ownership of ~97% of Hyperion Entertainment that Ben owned and leave him with nothing (Ben diluted everyone's Hyperion Entertainment ownership to zero with creative accounting so maybe fair if not another e-cigarette using accountant error). The other Hyperion Entertainment shareholders all agreed to keep the business running despite the debt, a broken business model and the Amiga IP lawsuits which is very risky but they seem to have confidence in Trevor's deep pockets. Trevor may burn a lot of cash to save Hyperion Entertainment only to have the rug pulled out from under him by Michele who owns the Amiga IP including AmigaOS. It may have been better for Trevor to make a deal with Michele and let Hyperion Entertainment go into bankruptcy as the debt would disappear. A Michele Ben alliance is not out of the question either although mud throwing would likely be worse for Ben than Trevor. Sadly, the situation is so complex and the financial gain so small that the Belgian authorities and courts want nothing to do with investigating the many accounting irregularities and the illegal shell business that was created. They want everything to go away even it means putting potential criminals back in charge. It would seem petty white collar crime pays, especially if you are a lawyer or have a lawyer.

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 8-Jan-2025 1:04:27
#413 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11634
From: In the village

@matthey

My issue with what appears to be comments stemming from actual knowledge is summed up by cg.
Each faction has their own group of fans to whom the faction leader communicates through email, mailing lists, irc, discord, etc. This is nothing new here. I've seen it over and over for decades. In other words, the posts essentially don't come from independent thoughts from the poster, but from parroting what they've been told is true.

I won't deny that there could be some truth in the postings. I just enter a reading period with a stiff dose of skepticism based on past experience.

Quote:
Sadly, the situation is so complex and the financial gain so small that the Belgian authorities and courts want nothing to do with investigating the many accounting irregularities and the illegal shell business that was created. They want everything to go away even it means putting potential criminals back in charge


-That- investigating would be what they need to do in order to reach an honest and trustworthy conclusion as to who owns the shares. You seem to have little faith that the court will do its job due to the minimal financial gain involved?

If anything makes this job more difficult to achieve a satisfactory resolution, I would rather bet on roadblocks stemming from whomever is skilled at throwing up such roadblocks, and -not- the court wanting to simply get this off their table. (but that's just me)

#6

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matthey 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 8-Jan-2025 3:08:51
#414 ]
Elite Member
Joined: 14-Mar-2007
Posts: 2421
From: Kansas

#6 Quote:

My issue with what appears to be comments stemming from actual knowledge is summed up by cg.
Each faction has their own group of fans to whom the faction leader communicates through email, mailing lists, irc, discord, etc. This is nothing new here. I've seen it over and over for decades. In other words, the posts essentially don't come from independent thoughts from the poster, but from parroting what they've been told is true.

I won't deny that there could be some truth in the postings. I just enter a reading period with a stiff dose of skepticism based on past experience.


There are many factions and most knowledge is likely hearsay. Practically everyone in Amiga Neverland is biased including me. Most want a good outcome for the Amiga but have different opinions of what that is. Still, specific and reasonable knowledge coming from an intellectual sounding German has better than even odds of being true in my experience.

#6 Quote:

-That- investigating would be what they need to do in order to reach an honest and trustworthy conclusion as to who owns the shares. You seem to have little faith that the court will do its job due to the minimal financial gain involved?

If anything makes this job more difficult to achieve a satisfactory resolution, I would rather bet on roadblocks stemming from whomever is skilled at throwing up such roadblocks, and -not- the court wanting to simply get this off their table. (but that's just me)


I would not be surprised if Ben is using delay tactics like he has in other Amiga related cases. The Belgian authorities/court seems to want the opposite by quickly brushing the problem under the rug. They supposedly had already sold Ben's Hyperion Entertainment stock before he challenged it and Timothy was renamed a director of Hyperion Entertainment despite the conflict of interest and accounting discrepancies. They seem to be ignoring the accounting discrepancies and the shell business Ben supposedly successfully transferred the stock to. They may have found some incriminating documents that were leaked. They are doing anything but giving Ben the shake down though. He is boldly and arrogantly challenging their every move which should also raise suspicion. The only explanation I have for the behavior of the authorities is that it is a bankruptcy with no money left which is usually punishment enough.

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 9-Jan-2025 0:02:41
#415 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11634
From: In the village

@matthey

For what it's worth, this just dated and released today:

Decided at noon

A volunteer to OCR this doc would be appreciated.

#6

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Derfs 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 9-Jan-2025 0:28:50
#416 ]
Cult Member
Joined: 8-Mar-2003
Posts: 790
From: me To: you

@number6

Quote:

Onderwerp akte : Ontslag en benoeming bestuurders - Volmacht

Uittreksel uit de eenparige schriftelijke besluiten van de aandeelhouders van 18 december 2024:
[...]
4. BESLUITEN

4.1 Ontslag van een bestuurder

De aandeelhouders besluiten Ben Hermans BV, vast vertegenwoordigd door de heer Ben Hermans te ontslaan met ingang vanaf heden. Alie bevoegdheden verleend aan Ben Hermans BV, vast vertegenwoordigd door de heer Ben Hermans in zijn hoedanigheid van bestuurder van de Vennootschap warden beeindigd met ingang vanaf heden.

4.2 Benoeming van een bestuurder

De aandeelhouders besluiten de heer Timothy De Groote, [... ], te benoemen als enige bestuurder van de Vennootschap met ingang vanaf heden tot aan de volgende jaarlijkse algemene vergadering van aandeelhouders van de Vennootschap.

4.3 Volmacht voor de formaliteiten

De aandeelhouders geven volmacht aan Cederic Devroey, advocaat, Theotime Liesenborghs, advocaat, Marie-Elisabeth Dubois, advocaat, en iedere andere advocaat van het kantoor Strelia, met kantoor te Koningsstraat 145, 1000 Brussel, Belgie, ieder alleen handelend met de mogelijkheid tot indeplaatsstelling, om alle formaliteiten te vervullen met betrekking tot de publicatie van een uittreksel uit onderhavige besluiten, alsook om iedere wijziging van de inschrijving van de Vennootschap in het rechtspersonenregister te verrichten en om alle vereiste of nuttige administratieve formaliteiten in dit verband te stellen ten aanzien van de Kruispuntbank van Ondernemingen, een ondernemingsloket of de Griffie van de bevoegde Ondernemingsrechtbank en, in het algemeen, om iedere noodzakelijke of nuttige handeling te stellen met betrekking tot de voormelde besluiten.

[...]

Marie-Elisabeth Dubois
Lasthebber

Quote:

Subject of the deed: Dismissal and appointment of directors - Power of attorney

Excerpt from the unanimous written resolutions of the shareholders of 18 December 2024:
[...]
4. RESOLUTIONS

4.1 Dismissal of a director

The shareholders decide to dismiss Ben Hermans BV, permanently represented by Mr. Ben Hermans, with effect from today. All powers granted to Ben Hermans BV, permanently represented by Mr. Ben Hermans in his capacity as director of the Company are terminated with effect from today.

4.2 Appointment of a director

The shareholders decide to appoint Mr. Timothy De Groote, [... ], as sole director of the Company with effect from today until the next annual general meeting of shareholders of the Company.

4.3 Power of attorney for the formalities

The shareholders grant power of attorney to Cederic Devroey, attorney, Theotime Liesenborghs, attorney, Marie-Elisabeth Dubois, attorney, and any other attorney of the Strelia firm, with offices at Koningsstraat 145, 1000 Brussels, Belgium, each acting alone with the possibility of substitution, to fulfil all formalities relating to the publication of an extract from these resolutions, as well as to make any change to the registration of the Company in the register of legal entities and to carry out all required or useful administrative formalities in this regard with the Crossroads Bank for Enterprises, a business counter or the Registry of the competent Enterprise Court and, in general, to carry out any necessary or useful act relating to the aforementioned resolutions.

[...]

Marie-Elisabeth Dubois
Proxy holder

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 9-Jan-2025 0:33:02
#417 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11634
From: In the village

@Derfs

That was fast. Thank you old friend. And you saved me from having to contact my translators too. heh.

Take care,

#6

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number6 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 9-Jan-2025 0:49:35
#418 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11634
From: In the village

@matthey

Obviously there is more information above from SPF Justice than from the "one liner" we posted from the Crossroad Bank for Enterprises a few days ago.

Anything here change your thinking?

#6

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matthey 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 9-Jan-2025 9:14:05
#419 ]
Elite Member
Joined: 14-Mar-2007
Posts: 2421
From: Kansas

#6 Quote:

Obviously there is more information above from SPF Justice than from the "one liner" we posted from the Crossroad Bank for Enterprises a few days ago.

Anything here change your thinking?


While it is difficult to know if all legal challenges have been exhausted, it looks like the Hyperion Entertainment shareholders were confident enough to move forward free from Ben. Certainly Ben was unable to vote what was his ~97% shares. The big question is, who owns and controls these shares now? Trevor, some court appointed administrator or someone else?

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ppcamiga1 
Re: Hyperion Entertainment - Reorg/Restructure
Posted on 9-Jan-2025 16:00:26
#420 ]
Cult Member
Joined: 23-Aug-2015
Posts: 985
From: Unknown

I hope that Ben solve this.

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