@cgutjahr

Quote:

But I honestly don't think my use of "forcibly" is the important issue here :P

Agreed

The term in Dutch = "ambtshalve doorhaling" ... it would translate roughly as "cancellation by officials"

Evert

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So what does this mean for OS 3.1.4 and Cloanto's lawsuit? :)

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@kolla

Roll on stand alone Vampire I think I'm going to give up my hope of A1222 this year if ever. Why has Hyperion not bothered to comment on this latest news about them? I also have questions now is it really worth investing in OS4 with such a unstable company developing it or so they say.

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@kolla

Quote:

So what does this mean for OS 3.1.4 and Cloanto's lawsuit? :)

Likely 2 very different things apply if you read the docs
Until such time as someone disputes the content and meaning of said docs and definitions provided, I would think 3.1.4 (much like 4.2 or any other product like an ISO prepared and intended for sale by Hyperion) falls under this:

Quote:

the company is banned from any commercial activities, i.e. selling goods or services

Hyperion defending themselves in the lawsuit filed by Cloanto I believe is unaffected.
But again, any "new" action that Hyperion would wish to instigate would be prohibited.

As always, I appreciate any facts offered and would make corrections accordingly.

#6

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@pavlor

Quote:

Unlike bankruptcy, this can be solved quite easily.

In two more weeks?

@pavlor

Quote:

Unlike bankruptcy, this can be solved quite easily.

Again, I don't know what's going on ...

But the "cancellation" or whatever we'll call it, was registered October 3rd 2017.

That's five months ago.

IIRC, it didn't take Hyperion that long to solve the issues that led to the alledged bankruptcy proceedings, back in 2015.

One can only hope Timothy (SimplePPC) is right when he says there's nothing to worry about.

Evert

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@jorit2

Based on current understanding of this information, the new lawsuit I just posted raises an
obvious question in conjunction with what I just mentioned re:instigation of any new legal activity on behalf of the "company":

Source

Any thoughts?

#6

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@number6

Quote:

Based on current understanding of this information, the new lawsuit I just posted raises an obvious question in conjunction with what I just mentioned re:instigation of any new legal activity on behalf of the "company"

I was surprised to find out about the new lawsuit indeed.

Then I just have to point to my lack of legal expertise. I only saw the documents posted or linked to. Whether they can do this or not ... well, a lawyer should know these things I guess.

Evert

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@SimplePPC

Quote:

The wheels are already turning to rectify this problem. So i wouldn't worry about it.

"Already" after 5-6 months of not being allowed to trade?

It says something about your 'business' that you don't think that's a cause for concern.

@clebin

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@Thread

Has anyone stopped to think that if according to this latest piece of gossip Hyperion are not allowed to conduct any business activities, then please can someone explain why it is still possible to purchase software from them via their direct downloads??

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@outrun1978

Always been pirates in the Amiga community :P

@nikosidis

Or perhaps their appearance at Amiga 32 after all that itself is counted as business activity. They will have no doubt paid for a stall. They promoted their new update to 3.1. Updating their webpage as they have done is also considered “business activity”

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@g01df1sh

Quote:

Oh great even less chance of A1222 this year or ever now as we still need drivers.

Yeah, I was thinking the same thing. At this rate my next Amiga is going to end up being a Pi 3B+ running UAE.

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@thread

testing?

#6

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@clebin

Quote:

clebin wrote: It says something about your 'business' that you don't think that's a cause for concern.

Evidently litigation isn't impacted and they are technically quite busy in that area.

Honestly, why doesn't Hyperion just divest and be done with the aggravation? The IP and trademarks have become virtually worthless and recouping any damages from the Amino era just isn't going to happen.

@ne_one

Well, from an older thread...
Ben claimed that he saw what he viewed as a violation of the settlement agreement, basically Amiga branded h'w being released (CUSA).

Is it possible he's considering going after some damages in regards to the settlement agreement?
Don't forget...Itec LLC=Reed Smith=Kouri estate

#6

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@number6

Quote:

number6 wrote: Is it possible he's considering going after some damages in regards to the settlement agreement? Don't forget...Itec LLC=Reed Smith=Kouri estate

All of this likely amounts to a tempest in a teapot.

Even if damages could be secured what is the endgame? Breaking even in this whole experiment? Paying off contractors?

It's like a group of cocks crowing on a dunghill.

@clebin

Quote:

clebin wrote: @SimplePPC Quote: The wheels are already turning to rectify this problem. So i wouldn't worry about it. "Already" after 5-6 months of not being allowed to trade? It says something about your 'business' that you don't think that's a cause for concern.

”Hyperion/Ben H. is a notorious money black hole. A story that was making the rounds at Amiwest was how A-EON #1 (Belgian company) became A-EON #2 (GB company). Trevor D. had sent funds into A-EON to buy CPUs for their new hardware. Ben H. instead diverted the funds for his own needs, and sent Trevor D. a photoshopped bank statement, indicating that the money was still in their A-EON account. When Trevor D. found out, he threatened to have him expelled from law practice, and made him sign a document allowing the transfer into A-EON #2, and that all future AmigaOS versions would be free for that new company. So now the Frieden brothers and everybody else who work under Hyperion actually work for free for A-EON, who would otherwise be ther largest customer of the only product they are allowed to do under the 2009 Amiga settlement agreement, namely OS4. If all of this is true, it cannot end well, can it?”
http://amiga-news.de/en/news/comments/thread/AN-2017-05-00039-EN.html

[i)”Maybe somebody should investigate why De Groote is selling Hyperion software to resellers, billing and getting payments to his personal (or his wife's) account, telling them that otherwise they can't get AmigaOS 4, and imploring them not to tell Mincea or Hermans. Before they go bankrupt again they should run an internal audit, crosscheck software serials and invoices, and get data from their own online and retail vendors. This company is so fxxxed up on the inside, I can't believe how they keep blaming others for their problems.”[/i]
http://amiga-news.de/en/news/comments/thread/AN-2017-12-00052-EN.html

The Hyperion company went bankrupt, and has not filed any reports since then that could show the real state of the company. No reports for *three years*! That’s beyond fishy. Shady people, runing a shady business. Is it even a company still? Makes you wonder if the Amiga Inc deal is forfeit.

On CBE page

https://kbopub.economie.fgov.be/kbopub/zoeknummerform.html?lang=en&nummer=466380552&actionLu=Zoek

is

Status: Active
Legal situation: Normal situation

So, problem is solved.

Last edited by ppcamiga1 on 18-Mar-2018 at 08:05 AM.