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resle
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 1:28:10
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Cult Member |
Joined: 28-Nov-2005 Posts: 500
From: shanghai | | |
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@resle That was an awesome and probably accurate explanation! |
@realize
Thanks - but no big feat, I have produced 15 or so years of canned speechs, doublespeak and general corporate/exec boilerplate myself with a grin - so I am quite familiar with this stuff.
The secret sauce is that people will always read what they want to read, if you keep the message vague enough. Write "restructuring" to your staff and they will think someone will be moved to new positions when in fact everyone is just getting fired. Write "reassessing strategies" to investors and they will think the company is coming up with some big surprise plan soon - when in fact you mean "we have no clue / our previous strategy failed badly"
Now, this community is the quintessential example of the above. This is what makes it possible for certain companies (hint: plural) to rape a bunch of amigans' dreams, hopes, and wallets. This is what makes it possible for some mediocre developers and "artists" to receive donations for vaporware and praise for unfinished, amateurial stuff.
Blind trust + Personal interpretation + Exploiting Does it ring a (church) bell? Last edited by resle on 01-May-2015 at 01:29 AM.
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ne_one
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 2:40:25
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Cult Member |
Joined: 13-Jun-2005 Posts: 905
From: Unknown | | |
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| @resle
Quote:
this community is the quintessential example of the above |
Perhaps some portions of the community may be included in that category.
For the most part, I'm sure people simply want to be honestly informed - sycophants, moderates and ne'er–do–wells included. |
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agami
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 7:23:30
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Super Member |
Joined: 30-Jun-2008 Posts: 1840
From: Melbourne, Australia | | |
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| @TRIPOS
One day in the not too distant future, possibly before the end of May, Hyperion will have some sort of news update on their site which will serve as an announcement of the various changes that have been made for a healthier and more prosperous company going forward.
In truth, I don't expect any great revelations or deep insights into the inner workings of the company. Hyperion is after all a private company and any news it shares with the public is entirely voluntary and generally serves as PR. Therefore I am not expecting to see anything beyond encouraging marketing speak. What I take away from that by reading between the lines may be quite similar or very different to what you or @resle, or @pavlor, or @realize (to name a few) take away from it. But then again, those of us who would like Hyperion to be more forthcoming are not representative of Hyperion's target demographic
_________________ All the way, with 68k |
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Boot_WB
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 8:50:00
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Super Member |
Joined: 14-Feb-2006 Posts: 1134
From: Kingston upon Hull, UK | | |
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| @blizz1220
Quote:
blizz1220 wrote: @TRIPOS
Quote:
"by opening up its shareholdership" |
Changing the legal form of a company which might have been privately owned into shareholdership where investors may buy shares and influence decisions of company. [...] Probably the one who buys share of company large enough to be entitled to that position or on the other way someone who will be more competent in milking out more cash out of company's assets sort of speak. |
Not all types of share endow the shareholder with voting powers. Always read the smallprint, especially when a lawyer makes a vague statement offering to sell you shares in his preciousssss._________________ Troll - n., A disenfranchised former potential customer who remains interested enough to stay informed and express critical opinions. opp., the vast majority who voted silently with their feet. |
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blizz1220
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 11:45:12
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Regular Member |
Joined: 12-Jun-2013 Posts: 437
From: Unknown | | |
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| @Boot_WB
Well I really don't see point in revisiting this thread or at least change it's name to "anything goes".
Bankruptcy is a mean to protect company owner from paying for obligations of a company but can only be applied if company owner didn't break any laws in the near past so reading what was said one thing that can be verified is that owner of Hyperion did in fact run legitimate business (take away Amiga factor from it) so probably shouldn't be mocked in forums right now.It's not like many didn't see this coming from far far away.
"Legal mess" is a right legal term for where Hyperion is now legally and before statements can come it has to be resolved and it can't be done overnight.
But badmouthing legitimate business going through bankruptcy/reorganization isn't really ethical ...
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Boot_WB
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 12:09:44
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Super Member |
Joined: 14-Feb-2006 Posts: 1134
From: Kingston upon Hull, UK | | |
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| @blizz1220
Quote:
blizz1220 wrote: @Boot_WB
Well I really don't see point in revisiting this thread or at least change it's name to "anything goes".
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Agreed. Just correcting the assumption that selling shares == selling influence._________________ Troll - n., A disenfranchised former potential customer who remains interested enough to stay informed and express critical opinions. opp., the vast majority who voted silently with their feet. |
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blizz1220
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 12:18:40
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Regular Member |
Joined: 12-Jun-2013 Posts: 437
From: Unknown | | |
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| @Boot_WB
Well I imagine that if you bought 50 % of shares of company you would at least get to talk with company management ? :)
If not I would get legally angry |
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Boot_WB
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 12:30:53
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Super Member |
Joined: 14-Feb-2006 Posts: 1134
From: Kingston upon Hull, UK | | |
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| @blizz1220
Quote:
blizz1220 wrote: @Boot_WB
Well I imagine that if you bought 50 % of shares of company you would at least get to talk with company management ? :) |
Example:
"Most companies have only one class of shares, ordinary shares, but it is increasingly common for even very small private companies to have different share classes. This may be done for various reasons, such as to be able to vary the dividends paid to different shareholders, to create non-voting shares, shares for employees or family members, etc. A company can have what classes of shares it like,s and can call any class of shares by whatever name it chooses. Apart from ordinary shares, common types are preference shares, non-voting shares, A shares, B shares, etc (sometimes called "alphabet shares"), shares with extra voting rights (sometimes called "management shares"). The share class system is infinitely flexible. Different classes of shares, and the rights attached to them, should be set out in the company's articles of association. "
http://www.companylawclub.co.uk/topics/classes_of_shares.shtml
Quote:
If not I would get legally angry |
And we're back to reading the small print... Last edited by Boot_WB on 01-May-2015 at 12:31 PM.
_________________ Troll - n., A disenfranchised former potential customer who remains interested enough to stay informed and express critical opinions. opp., the vast majority who voted silently with their feet. |
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blizz1220
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 12:45:41
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Regular Member |
Joined: 12-Jun-2013 Posts: 437
From: Unknown | | |
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| @Boot_WB
UK is part of Common Law countries like US and it's not the same as Euro-Law countries so I imagine Corporate Law is different ...
Common law countries have tendency to allow more legal freedom for trade while Euro-Law countries are little more conservative on that issue.
A lot more protection by law , and law is stronger than any contract so small printed clauses wouldn't be taken into consideration if they are not permitted by law of the country.
No idea how Belgium law stands now though ...
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Rob
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 1-May-2015 13:25:51
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Elite Member |
Joined: 20-Mar-2003 Posts: 6385
From: S.Wales | | |
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| @TRIPOS
Is there an aftermath? I realise that some people were obviously upset that the decision didn't go the way they fantasised it would. |
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agami
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 6:20:21
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Super Member |
Joined: 30-Jun-2008 Posts: 1840
From: Melbourne, Australia | | |
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| @Rob
There's always an aftermath.
I wouldn't go as far as saying I "fantasised" but yeah, I contemplated. I didn't wish anyone any ill will, rather I was focused on the silver lining of the misfortune that has been visited upon the "beloved" company. I mean, it couldn't get much worse than what it has been over the past five years.
And even if AmigaOS 4.x disappeared quietly into that good night, well there's a silver lining in that scenario as well; At the very least I wouldn't have to listen to the sycophants gushing over the minutest of improvements released on schedules only glaciers could keep up with. Last edited by agami on 02-May-2015 at 07:46 AM.
_________________ All the way, with 68k |
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Trixie
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 7:18:15
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Amiga Developer Team |
Joined: 1-Sep-2003 Posts: 2096
From: Czech Republic | | |
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| @agami
Quote:
Nice Dylan Thomas reference
_________________ The Rear Window blog
AmigaOne X5000/020 @ 2GHz / 4GB RAM / Radeon RX 560 / ESI Juli@ / AmigaOS 4.1 Final Edition SAM440ep-flex @ 667MHz / 1GB RAM / Radeon 9250 / AmigaOS 4.1 Final Edition |
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Boot_WB
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 8:12:01
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Super Member |
Joined: 14-Feb-2006 Posts: 1134
From: Kingston upon Hull, UK | | |
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| @blizz1220
Quote:
blizz1220 wrote: @Boot_WB
UK is part of Common Law countries like US and it's not the same as Euro-Law countries so I imagine Corporate Law is different ...
Common law countries have tendency to allow more legal freedom for trade while Euro-Law countries are little more conservative on that issue.
A lot more protection by law , and law is stronger than any contract so small printed clauses wouldn't be taken into consideration if they are not permitted by law of the country.
No idea how Belgium law stands now though ...
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Not certain with CVBAs but BBVAs can issue up to 1/3 of their shares as non-voting shares under Belgian law.
Ultimately it comes down to what proportion of the shareholdership is being opened up, and who retains the remainder.
If Ben retains 51% ownership and therefore the controlling share regardless of other votes, what would be the point (for the shareholders)?
30/30/40 with all shares having voting powers would seem to be an attractive proportion, whilst maximising inward investment - 30% retained by current owners, 30% to a new director, and 40% to outside ownership.
This kind of split gives _shareholders_ the deciding vote should there be a disagreement between director and incumbent owner), but also allows the director/owners to overrule should there be an agreed plan of action at some point.
Imho any proportion where the current owner retains the controlling vote would most likely lead to 'more of the same, but with your money this time.'
_________________ Troll - n., A disenfranchised former potential customer who remains interested enough to stay informed and express critical opinions. opp., the vast majority who voted silently with their feet. |
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resle
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 8:29:06
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Cult Member |
Joined: 28-Nov-2005 Posts: 500
From: shanghai | | |
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| One thing is sure:
if they really want to sell shares, no matter how, they will have to disclose beforehand every single detail about their operations with the interested buyers.
Unless they count on finding someone gullible enough to put money on the table blindfolded just for the, uhm, greater good. |
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Boot_WB
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 8:32:25
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Super Member |
Joined: 14-Feb-2006 Posts: 1134
From: Kingston upon Hull, UK | | |
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| @resle
That strategy has served them so far. _________________ Troll - n., A disenfranchised former potential customer who remains interested enough to stay informed and express critical opinions. opp., the vast majority who voted silently with their feet. |
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number6
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 17:25:12
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Elite Member |
Joined: 25-Mar-2005 Posts: 11619
From: In the village | | |
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| @Boot_WB
No idea where to post this, since the parent thread is locked now.
I refer you to:
domain expired
It has been updated:
http://whois.domaintools.com/hyperion-entertainment.biz
Quote:
Expires on 2016-03-15 - Updated on 2015-04-30 |
#6
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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Boot_WB
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 21:37:50
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Super Member |
Joined: 14-Feb-2006 Posts: 1134
From: Kingston upon Hull, UK | | |
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| @number6
That does leave certain questions from your linked post hanging wrt authorising outgoing payments. _________________ Troll - n., A disenfranchised former potential customer who remains interested enough to stay informed and express critical opinions. opp., the vast majority who voted silently with their feet. |
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ferrels
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 21:52:46
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Cult Member |
Joined: 20-Oct-2005 Posts: 922
From: Arizona | | |
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| @thread
People who buy shares expect a return on those shares. Currently, Hyperion has nothing to lead an investor or anyone else to believe that they'll ever pay a dividend on any shares they sell, so even if they decide to sell shares, it isn't like people will be lining up to buy them. Hyperion is bankrupt for a reason. Hyperion is selling a product that no one wants and until that changes the only people who will invest in the company are the handful of OS4 lunatics who lay awake at night wringing their hands because OS4 might finally be out of our misery. |
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pavlor
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 22:00:51
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Elite Member |
Joined: 10-Jul-2005 Posts: 9639
From: Unknown | | |
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| @ferrels
Quote:
Hyperion is bankrupt for a reason. |
Hyperion is not bankrupt. |
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Hyperionmp
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Re: Unanswered questions in the aftermath of Hyperion's bankruptcy Posted on 2-May-2015 22:11:12
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Hyperion |
Joined: 8-Mar-2003 Posts: 502
From: Unknown | | |
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| @ferrels
I realise this may be deeply upsetting to you but Hyperion is NOT in a state of bankruptcy not even in the widest sense of the word (like a chapter 11 like status).
Take a look at the official Belgian overnment website:
http://kbopub.economie.fgov.be/kbopub/zoeknummerform.html?lang=en&nummer=466.380.552&actionLu=Zoek
No shares were sold.
We have brought in an additional director to handle operational affaires.
That's all there is to it although we expect significant strides to be made as a result of his involvement.
He was instrumental in pushing the AmigaOS 4.1 Final Edition out prior to the end of the 2014 and he is bringing in his expertise as a project manager.
SInce it takes a while to get this through the red tape, this has not been published yet officially. It wil be soon enough.
No carry out with your trolling, I expect nothing less.
Ben Hermans Director Legal
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