@thread

Re:my post #593

A1k forum has both reports of delivery of product and of an email going out indicatng a further delay in shipping regarding the formerly posted November 19 date.

reference post

#6

Last edited by number6 on 13-Nov-2018 at 04:32 PM.

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@number6

Quote:

number6 wrote: Since the Commodore bankruptcy and the ensuing emergence of a plethora of different visions of the future, that has been the case. So this is nothing new.

A lack of faith in the parent company started before then. As an Atari ST man I always appreciated the Amiga DESPITE Commodore rather than because of their marketing/business prowess! At least Jack Tramiel chose how he was going to market the Atari ST as the 'Jackintosh' going after the Apple Mac market. Commodore never decided what the Amiga was and just treated the A500 like a new C64!! NewTek / QuikPak were most successful at finding the machine's USP and selling Amigas in America, Commodore Inc. by comparison were clueless. Hyperion are actually far better at funding software development than Commodore ever was!!! Where were the Commodore commercial programs and where was the Commodore games division. In fact C= couldn't even make the best accelerators for their own machines!!

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@TRIPOS

Quote:

Good. Those with poor moral standards and bad business ethics obviously needs some help with their thinking. Keep piracy at bay!

Insn´t prejudgment also kind of a poor moral standard - for ecample speaking of piracy before any form of court decision?
Or ignoring, that Hyperion has an exclusive and worldwide licenece for developing and selling AmigaOS3.1 (in any form and on any medium)?

BTW: My Disc/ROM-set from Alinea arrived today.

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@AP

And you can also confirm the 2 posts (so far) on A1k indicating another delay in shipping (email) from Alinea to purchasers?

Quote:

Please note that the delivery is expected to take place after 19 November 2018.

has changed in a more recent? response to:

Quote:

Please note that the delivery is expected to take place after 26th November 2018.

#6

Last edited by number6 on 13-Nov-2018 at 06:51 PM.

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@number6

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"I personally prefer a vision of do'ers and makers rather than

@pavlor

Quote:

Whatever outcome happens, many Amiga users will be unhappy.

I'm sure you're right about this, but I think the Amiga community as a whole is characterized more by hope than unhappiness.

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@number6

Quote:

number6 wrote: @AP And you can also confirm the 2 posts (so far) on A1k indicating another delay in shipping (email) from Alinea to purchasers? Quote: Please note that the delivery is expected to take place after 19 November 2018. has changed in a more recent? response to: Quote: Please note that the delivery is expected to take place after 26th November 2018. #6

Yes, I can confirm this.

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What happened to DoomMaster? Only he can settle this dispute now.

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@AP

Quote:

Or ignoring, that Hyperion has an exclusive and worldwide licenece for developing and selling AmigaOS3.1 (in any form and on any medium)?

Does repeating this small part of the Grant section of the 2009 Settlement Agreement, while ignoring the full context and specific portions where it also says "Solely for the purposes of marketing, distributing and making available AmigaOS 4" (which in 2009 was Hyperion's interpretation too, per its own press release), make it more true?

It could be a classic case of Rashomon Effect, if at least different individuals were discussing the same thing. Instead, it seems that some have not read the 2009 Settlement Agreement, and others have not read the recent argumentations provided by Amiga, Inc. and Itec.

Even within the settlement agreement, more often than not only small portions are considered by one camp or the other, sometimes in a surgical way. I can only smile when I see the citation "irrespective of version numbering" used by some, and that is taken omitting the words that follow it, which are "e.g. AmigaOS 5", which explain what was meant and reinforce the Amiga/Itec statements about the intent.

Plus, if there is a material breach of the agreement for other reasons, will it even count at the end of the day, or has Hyperion lost it all no matter what section 1 (a) of the Grant said?

Last edited by aria on 14-Nov-2018 at 09:16 AM.

@aria

Quote:

aria wrote: Does repeating this small part of the Grant section of the 2009 Settlement Agreement, while ignoring the full context and specific portions where it also says "Solely for the purposes of marketing, distributing and making available AmigaOS 4" (which in 2009 was Hyperion's interpretation too, per its own press release), make it more true?

And ignoring this small, but very important part at the beginning of the agreement is the better way or more true? It´s (luckily) not my job to decide who is right or wrong in this legal mess.

All I said is that Hyperion - no matter if you like them or not - has a point, too. It´s far too early to claim them as "pirates". And no, I am not a blind Hyperion-follower. I just don't like when people interpret facts only in terms of sympathy or do prejudgment.

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I Think the problem may not be with the agrement as much as OS 3.1.4 may just have too much in common with Workbench 3.X (hardly surpising as they are put together from many of the same bits) For Cloanto ?

Wm.

@aria

Read definitions at the start of the Settlement Agreement...


Quote:

and others have not read the recent argumentations provided by Amiga, Inc. and Itec.

Both Hyperion and the Amiga parties have their agenda, I would rather take their depositions with a grain of salt.

Quote:

which explain what was meant and reinforce the Amiga/Itec statements about the intent.

AmigaOS5 was previously announced Amiga.Inc project, I guess that is why it is mentioned there.


If any party is obviously lying in its statements, it may be simply the best support for position of the other party.


If this case reaches judgement without another Settlement Agreement, Amiga IP/rights may be more clearly defined than in any time since the fall of Commodore. Which is sole good thing in this mess.

@Bagins

Both are now competing on the same ("classic") market. I understand Cloanto was not happy about this.

@pavlor

What it looks like from what I can see, is that Amino (Amiga inc), is mostly concerned about Hyperion not paying to use Trademarks for coffee cups, t-shirts, and AmigaOS3.1.4, without signing a contract for paying paying royalties to Amino.

it also looks like ITech and Amino Agree that Hyperion has some exclusive rights, but not to AmigaOS3.1.

As known before cloanto has none exclusive agreement, prior to Hyperion. The settlement agreement also list other companies with similar contracts, it where unlikely that cloanto void the other contracts or Hyperions settlement agreement, it be where unlikely Hyperion can void cloanto contract with Amino.

As for the workbench mark, workbench has always been part of AmigaOS, and is most defiantly "fair use"; workbench is part of AmigaOS4.0 and 4.1. cloanto is not the owner of AmigaOS, they have none exclusive license to sell a emulator that has bundled versions of 1.2, 1.3, 3.1, 3.5, 3.9 included.

I believe also Amino clams to ownership of the Workbench trademark.

Last edited by NutsAboutAmiga on 14-Nov-2018 at 08:13 PM.
Last edited by NutsAboutAmiga on 14-Nov-2018 at 04:50 PM.

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Maybe the upgrade should have been called AmigaOS 3.4.1 so no confusion ensued.

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@DiscreetFX

wont change fact that amino wont royalties from Hyperion, for the use brands with that product. Settlement agreement only covers >=4.0

Last edited by NutsAboutAmiga on 14-Nov-2018 at 05:14 PM.

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@NutsAboutAmiga

You know that I was joking right?

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@DiscreetFX

But it's not a joke.

Quote:

Pure digital sales of AmigaOS 3.1.4 closed.

actually read:

Quote:

Pure digital sales of AmigaOS 3.4.1 closed.

before they changed it. Everyone knows this.

Source

#6

Last edited by number6 on 14-Nov-2018 at 09:02 PM.

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@number6

Sorry, I have not kept up with the day by day KO's on this issue.

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@thread

Further warnings regarding AmigaOS 3.1.4

German only atm.

#6

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