Hammer Quote:

If the 2009 settlement agreement is enforced, the "CBM" entity is invalid since it wasn't a legal entity that developed operating system IP with Kickstart, Workbench, and AmigaDOS. LOL

The 2009 settlement agreement Software definition specifies, "AmigaOS 3.1", "CBM" and "1994".

2009 Amiga Inc v Hyperion VOF settlement agreement "Software" definition
what: AmigaOS 3.1
who: CBM (not Commodore International Ltd, Commodore-Amiga Inc or Commodore Electronics Ltd)
when: 1994

Hyperion interprets that Software means "AmigaOS" and "Classic".

Hyperion interpretation of the 2009 settlement agreement "Software" definition
what: AmigaOS (any)
who: CBM (CBM means any and all)
when: classic (anytime)

It will be up to the judge to make a judgement call and Hyperion is likely betting their business on the judge tolerating their interpretation of the definition. They likely lose the whole 2009 settlement agreement if they are wrong and may have to pay damages for violations. There is no hurry though. Just wait until the last minute and try to negotiate after delaying the RGL Maxi and incurring more legal fees. Michele has been patient but I believe he has a solution for arrogance.

Hammer Quote:

Matthey Quote: Cloanto had sufficient rights to develop the AmigaOS so they should still be able to. Cloanto's Workbench and Kickstart change list is from https://www.amigaforever.com/kb/16-125 for KickStart 3.X ROM and https://www.amigaforever.com/kb/16-120 for Workbench 3.X distribution. A600GS's Amibench using AROS to fill in the blanks is avoiding these entanglements.

There is no entanglement for Cloanto with Michele in control of Amiga Corporation and with the combined Amiga IP of Cloanto and Amiga Corporation. The combined businesses should be able to do the following.

1. use "AmigaOS" (Cloanto was using and licensing the not so exclusive "AmigaOS" before the 2009 settlement agreement)

2. develop the AmigaOS (Cloanto developed the AmigaOS before the 2009 settlement agreement)

3. expose the Amiga GUI (some games use the AmigaOS GUI as well as productivity software used in Amiga Forever which Cloanto sold before the 2009 settlement agreement while the restriction applies to "Amiga Parties", not Cloanto or Amiga Corporation)

4. use "Workbench" & "Kickstart" (Cloanto & Amiga Corporation owned and licensed)

5. use "Amiga" (Amiga Corporation owns the IP but can not use "AmigaOne" which is unambiguously exclusively licensed to Hyperion. Cloanto should be able to license to Amiga Corporation the Software (AmigaOS 3.1) and "AmigaOS" as Amiga Corporation is not one of the "Amiga Parties" excluded in the 2009 settlement agreement and Cloanto's preexisting license was not affected by the agreement)

The only question is the so called "exclusive" use of Amiga IP in the 2009 settlement agreement but Cloanto was using and licensing the above before the agreement and existing licenses were necessarily grandfathered in so as not to violate them. Exclusive grants are ambiguous and should not apply where Hyperion was already using the Amiga IP which applies to all but the use of "AmigaOne". The problem is that Michele has been proceeding cautiously while Hyperion has thrown caution to the wind and violated the 2009 agreement with impunity, in my opinion.

Last edited by matthey on 28-Mar-2025 at 08:22 PM.
Last edited by matthey on 28-Mar-2025 at 08:21 PM.
Last edited by matthey on 28-Mar-2025 at 07:59 PM.

#6 Quote:

Quote: However, our manufacturing and retail partners have chosen to postpone the release of our full-sized machine until the legal situation is fully resolved That would be Plaion.

I suspect RGL's "manufacturing and retail partners" were sent threatening letters along the lines of preemptive cease and desist letters informing them of the Amiga IP violations that Hyperion and A-EonKit own. This would be "challenging" ownership by Hyperion under the "Non-Aggression" clause of the 2009 settlement agreement. Cloanto and Amiga Corporation should contact them and ask for copies of threatening legal letters to use as evidence against Hyperion.

This continued history revisionism and moving the goal posts of the 2009 settlement agreement can no longer just be Ben Hermans. This is full on Amiga lawfare while Hyperion is struggling to survive financially and avoid bankruptcy. History is repeating itself as a bankrupt Hyperion turns around to sue and illegally coerce Amiga Inc under financial duress after Pentti Kouri's death resulting in the one sided and onerous 2009 settlement agreement in the first place. I suspect the same source of financing is enabling Hyperion again today. Could a secret puppeteer financier who is no angel investor but a corrupt con man co conspirator of the predator Ben be behind this again?

@matthey

No point over analysing it. The way forward is the new Hyperion management reassure Plaion that no further challenges to Amiga Corps IP will be forthcoming in relation to THEA1200 and then release can happen! End of!

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

BigD Quote:

No point over analysing it. The way forward is the new Hyperion management reassure Plaion that no further challenges to Amiga Corps IP will be forthcoming in relation to THEA1200 and then release can happen! End of!

The problem is not that I am over analyzing and over reacting. The problem is that the Amiga community is under analyzing and under reacting. The Amiga community puts blinders on to the A-EonKit/Hyperion Amiga IP thieves/squatters and treats them like celebrities instead of admonishing them and boycotting their products.

There is no way forward with THEA1200 Maxi because the A-EonKit/Hyperion thieves are blocking the way forward to protect their interests and products. Hyperion gave their public comment to RGL which was later removed.

https://www.reddit.com/r/amiga/comments/1jfki9d/bummer/ Quote:

Hi Retro Games, As you know, Hyperion Entertainment underwent a change in ownership and management in December last year. So far, we — the new owners and management — have not been contacted by you in any way. That is how it is, but just to set the record straight: We have nothing against what you want to do and would be happy to start discussions. Have a nice day! Best regards, Hyperion Entertainment

Hyperion is telling RGL they are the source/owner to negotiate an Amiga IP license for the Amiga IP which Cloanto/Amiga Corporation own and can fully provide! Cloanto was able to provide the necessary Amiga IP before the 2009 settlement agreement, their license was unaffected by the 2009 settlement agreement and their combined Amiga IP portfolio has grown as a result of Amiga Corporation purchasing the Amiga IP of Amiga Inc. Hyperion claims an "exclusive" license to the "AmigaOS" when Cloanto was already using it and "Existing License Agreements" were excluded from the 2009 settlement agreement. Hyperion claims "We are AmigaOS" on Facebook and uses "https://mastodon.social/@CreatorsOfAmigaOS " on Mastodon despite not owning or creating the AmigaOS. Nothing changed with the exit of Ben Hermans. Hyperion remains just as arrogant because the same puppeteer pulling the strings and funding the lawsuits is still in charge. Does anyone still doubt that Trevor has been keeping Hyperion alive and funding the lawsuits to steal the Amiga IP since before, and resulting in, the 2009 settlement agreement?

@thread

A lot of new posts the past week:

The original facebook posting

Just change setting to "newest".

Blame blame blame (with some defense as well)....so amigalike.

I still don't get why anyone thinks this has anything to do with AmigaCorp or RGL or Hyperion for that matter....

*shrug*

#6

Corrected "recent" to "newest"

Last edited by number6 on 30-Mar-2025 at 01:40 AM.

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@matthey

Quote:

Hyperion is telling RGL they are the source/owner to negotiate an Amiga IP license for the Amiga IP

Or rather, Hyperion (or someone acting on their behalf, or perhaps more likely, acting on behalf of someone who sees RGL as competitors - anyone?) telling RGL's _partners_ this, in a good old fashioned FUD campaign.

From Facecbook posting:
Quote:

However, our manufacturing and retail partners have chosen to postpone

The problem isn't RGL, it's their manufacturing and retail partners, who have been "coursed" by "Hyperion representatives" (official or not) that they will be engaging in illegal activities if they go on with RGL's plans without Hyperion's blessing. This is essentially Hyperion acting as the mafia, attempting to extract protection money.

Last edited by kolla on 30-Mar-2025 at 06:17 AM.
Last edited by kolla on 30-Mar-2025 at 06:16 AM.

_________________
B5D6A1D019D5D45BCC56F4782AC220D8B3E2A6CC

@kolla: precisely.

kolla Quote:

matthey Quote: Hyperion is telling RGL they are the source/owner to negotiate an Amiga IP license for the Amiga IP Or rather, Hyperion (or someone acting on their behalf, or perhaps more likely, acting on behalf of someone who sees RGL as competitors - anyone?) telling RGL's _partners_ this, in a good old fashioned FUD campaign. From Facecbook posting: Quote: However, our manufacturing and retail partners have chosen to postpone The problem isn't RGL, it's their manufacturing and retail partners, who have been "coursed" by "Hyperion representatives" (official or not) that they will be engaging in illegal activities if they go on with RGL's plans without Hyperion's blessing. This is essentially Hyperion acting as the mafia, attempting to extract protection money.

If by "coursed" you mean "coerced", then yes, this is roughly what I was saying in post #62 of this thread. I also concluded that the "manufacturing and retail partners" were likely "threatened" into a course of action which is coercion. I suggested making copies of threatening contacts to use as further evidence against Hyperion. The evidence of Hyperion coercion is growing when this all started with the 2009 settlement agreement that was illegally coerced on Amiga Inc in financial distress after Pentti Kouri's death. Amiga Inc turned around from trying to get Hyperion to fulfill their contract to deliver the source code for AmigaOS 4, where Hyperion refused a $25,000 check, to practically giving AmigaOS 4 away with broad use of Amiga IP. Lawfare, coercion and abuse of the law by Hyperion and A-EonKit are indeed their modus operandi like criminal organizations. The corruption they have brought to the Amiga their leaders claim to love and support is a disgrace that is driving away Amiga customers and large projects. All this fighting and wasting of resources on lawsuits is for "terrible on the inside" 68k Amiga products which have a max market size of high tens of thousands or low hundreds of thousands anyway. Great on the inside mass produced 68k Amiga hardware is required to bring the 68k Amiga market back and make it competitive and sustainable. This requires investment and there is a larger investment killer in the Amiga market than uncertainty which is corruption. Only Amiga makes it possible.

@matthey

Referring back your post #62 as you noted in your last post:

Quote:

I suspect RGL's "manufacturing and retail partners" were sent threatening letters along the lines of preemptive cease and desist letters informing them of the Amiga IP violations that Hyperion and A-EonKit own.

They already have the cease and desist from the last time "Ben" tried to stop them.

And since Timothy's name is on that one, would you trust anything coming out of any individual at that company now? Do you even know who is "calling the shots". Of course not.

It is merely coincidence that the March 20 Brussels Commercial Court hearing that I mentioned was likely postponed, corresponds directly with the March 20 date on the statement from RGL.

#6

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@number6

I can't see how any cease and desist would stand! They have chosen not to use the Amiga branding again for THEA1200. If RGL ever considered bundling OS3.2 I think Hyperion have blown it!

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

@BigD

I'm not claiming anything re:the value of the former cease and desist.

I'm saying the same person who signed the last one is now saying "we're not that hyperion anymore".

Didn't we do this already with the old Amiga Inc. claiming they were "not that Amiga Inc. anymore"

Who, in their right mind is going to trust any of this bunch?

#6

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*Secrecy has served us so well*

@BigD

Quote:

the new Hyperion management

Maybe you should do more analysing? There is no "new" Hyperion management, it's just the old one returning. Aka the guy(s) who cheered on Ben for years. Allegedly, Ben's gone now, but maybe we should wait until somebody outside of Hyperion confirms that?

#6 Quote:

Referring back your post #62 as you noted in your last post: Quote: I suspect RGL's "manufacturing and retail partners" were sent threatening letters along the lines of preemptive cease and desist letters informing them of the Amiga IP violations that Hyperion and A-EonKit own. They already have the cease and desist from the last time "Ben" tried to stop them.

So everyone knows that what we talk about is not speculation, I will repost what the RGL team wrote in their recent update which confirms that Hyperion tried to stop THEA500 Mini.

https://www.facebook.com/story.php?story_fbid=1095781225686342&id=100057634233454 Quote:

Unfortunately, the ongoing legal disputes between Hyperion Entertainment and the Amiga parties are preventing us from proceeding with manufacturing. Many of you in ‘The Amiga scene’ will recall that Hyperion initiated legal action against the Amiga parties in 2018, and in 2019 they even tried, unsuccessfully, to challenge the release of THE A500 Mini, despite such interference being a "Hyperion Prohibited Action" under their 2009 Settlement Agreement. ... The team at RGL.

Suspecting that RGL's "manufacturing and retail partners" were recently threatened/coerced is partial speculation but connecting the dots with Hyperion/A-EonKit's modus operandi and RGL delaying production of THEA1200 Maxi.

#6 Quote:

And since Timothy's name is on that one, would you trust anything coming out of any individual at that company now? Do you even know who is "calling the shots". Of course not. It is merely coincidence that the March 20 Brussels Commercial Court hearing that I mentioned was likely postponed, corresponds directly with the March 20 date on the statement from RGL.

Criminal organization ringleaders set up fronts to be their proxie businesses. With Ben losing control of Hyperion but corrupt behavior continuing, it is logical to conclude that Ben is not the source of the corruption. Hyperion is near bankruptcy again and it is easy to illegally coerce businesses in financial duress which has become quite popular in Amiga Neverland. As with the lawsuit of Amiga Inc in duress after Pentti Kouri's death and by Hyperion, perhaps saved from bankruptcy, that led to the coerced 2009 settlement agreement and subsequent sublicensing to a beneficiary, "follow the money" and find the beneficiary.

https://www.law.cornell.edu/wex/duress Quote:

duress Duress refers to a situation where one person makes unlawful threats or otherwise engages in coercive behavior that causes another person to commit acts that they would otherwise not commit. In McCord v. Goode, 308 S.W.3d 409 , the court defined duress as “unlawful conduct or a threat of unlawful conduct of such a character as to destroy the other party's exercise of free will and judgment…the threat must be imminent and the party must have no present means of protection.� A similar definition was laid down by the court in the case of Williams v. Williams, 939 So.2d 1154 , in which the court noted that duress “is a condition of mind produced by an improper external pressure or influence that practically destroys the free agency of a party and causes him to do an act or make a contract not of his own volition.�

https://en.wikipedia.org/wiki/Duress_in_American_law#In_contract_law Quote:

In contract law Duress in the context of contract law is a common law defense brought about when one of the parties to the contract enjoyed an ascendant position in relation to the other party and abused that position by subjecting the other to threats. A party who has entered into a contract under duress is entitled to rescind or set aside the contract, rendering it voidable (in equity).

Coerced contracts are illegal and voidable. The Hyperion modus operandi is coercion!

BigD Quote:

I can't see how any cease and desist would stand! They have chosen not to use the Amiga branding again for THEA1200. If RGL ever considered bundling OS3.2 I think Hyperion have blown it!

Cloanto tried to get an injunction to stop illegal Amiga IP violations and products but the judge could not see the big picture of a criminal syndicate trying to steal the Amiga IP.

There are articles about the RGL update now.

https://www.videogameschronicle.com/news/vintage-specialist-retro-games-is-working-on-a-full-sized-amiga-1200-replica-but-says-its-been-delayed-by-legal-disputes/

https://www.timeextension.com/news/2025/03/full-size-amiga-replica-delayed-by-legal-action-will-be-called-the-a1200

The Hyperion/A-EonKit syndicate may be winning the battle to block the Maxi with coercion but they are losing the PR battle which further reduces their customer base. The more they close their grasp, the more customers slip through their fingers.

Last edited by matthey on 30-Mar-2025 at 04:57 PM.

@matthey

Quote:

If by "coursed" you mean "coerced", then yes

Yes, was fighting my phone’s autocorrect so I put quotes around it.

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@cgutjahr

Yes, you are probably right. No more purchases of AmigaOS3.2 or 3.3 until they settle this! I know they are fighting for survival but they want to bring everyone down with them it seems!

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

I hope to clarify the message from RGL since there seems to be confusion here about the roles of each party according to RGL's announcement.

Disputing parties: Hyperion and the Amiga parties

Impact on RGL: prevented from proceeding

"ongoing legal disputes between Hyperion Entertainment and the Amiga parties are preventing us from proceeding with manufacturing"

"our manufacturing and retail partners have chosen to postpone the release of our full-sized machine until the legal situation is fully resolved"

Last edited by zuuro on 08-Apr-2025 at 04:29 AM.

@matthey

Quote:

If by "coursed" you mean "coerced", then yes, this is roughly what I was saying in post #62 of this thread. I also concluded that the "manufacturing and retail partners" were likely "threatened" into a course of action which is coercion. I suggested making copies of threatening contacts to use as further evidence against Hyperion. The evidence of Hyperion coercion is growing when this all started with the 2009 settlement agreement that was illegally coerced on Amiga Inc in financial distress after Pentti Kouri's death. Amiga Inc turned around from trying to get Hyperion to fulfill their contract to deliver the source code for AmigaOS 4, where Hyperion refused a $25,000 check, to practically giving AmigaOS 4 away with broad use of Amiga IP. Lawfare, coercion and abuse of the law by Hyperion and A-EonKit are indeed their modus operandi like criminal organizations. The corruption they have brought to the Amiga their leaders claim to love and support is a disgrace that is driving away Amiga customers and large projects. All this fighting and wasting of resources on lawsuits is for "terrible on the inside" 68k Amiga products which have a max market size of high tens of thousands or low hundreds of thousands anyway. Great on the inside mass produced 68k Amiga hardware is required to bring the 68k Amiga market back and make it competitive and sustainable. This requires investment and there is a larger investment killer in the Amiga market than uncertainty which is corruption. Only Amiga makes it possible.

Hyperion Entertainment doesn't own the source code for ExecSG. Trevor Dickinson owns the ExecSG kernel of AmigaOS 4. Hyperion Entertainment is just a shell company with a contract with Amiga Inc.

_________________
Amiga 1200 (rev 1D1, KS 3.2, PiStorm32/RPi CM4/Emu68)
Amiga 500 (rev 6A, ECS, KS 3.2, PiStorm/RPi 4B/Emu68)
Ryzen 9 7950X, DDR5-6000 64 GB RAM, GeForce RTX 4080 16 GB

@zuuro

Quote:

If only those manufacturing and retail partners would feel safe taking the legal advice of people in this forum perhaps they'd be shipping sooner.

Ironically considering Amigakit don't stock Hyperion products anymore, the only real implication of the delay of THEA1200 is seemingly that it will help sales of the A1200NG. On the plus side it may mean that the chance of Worms DC 1.5 being bundled with THEA1200 has gone up!

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

@zuuro

What I don't really understand is why there is a problem with TheA1200 when TheA500mini was released, which is basically the same thing, just in a different case.

@Gws

History certainly leads to exercising caution here.

Since Hyperion sent a cease & desist drafted/signed by the same people to prevent THE A500, there
is no assurance that they won't try something similar (or worse) again.

Does it matter that Hyperion had no grounds whatsoever to stand on the last time?
Not really. It still involves time and money to resolve such things.

Case in point was the forced objection filed against Intellivision Amico. Same basic excuse given about Amiga Corporation and Hyperion being the issue. This was never ever going to go anywhere, but it took money and months and months of time and legal back and forths.

Clearly, the above is -not- the reason or "the only reason" Plaion made their decision. But it must be considered since they have already experienced these tactics before.

In addition, THE A1200 is a more expensive project than THE A500, so any risk has to be weighed even more carefully.

The future? Well since the delay was announced now you have additional factors like tariffs and how companies plan their future based on currently unknown effects. What if costs to the company rise and they already are working on a slim margin?

#6

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