So, when do we get to see their PDF of documents in counterpoint to the one Amiga Inc have put up? Or is it already out there somewhere, waiting for us to find it and link to it here?

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"I love peacenicks, they're so easy to conquer." --Ivan J Ironfist, the Dictator

I hate this situation

Just when things looked up theres a big fall behind them.

Thanks for giving us your side of things Hyperion.

I ust hope OS4 comes out of this intact.

Amiboy

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Quote:

Despite the failure of Amiga Inc. to secure access to the Amiga OS 3.5 and 3.9 source-code and indeed the reworked Amiga 3.1 source-code

How odd?

Amiga Inc didn't have the last 3.1 from Gateway and couldn't get 3.5 ot 3.9 from H&P ???



The statement does not tally with these quotes!

Last edited by Colin_Camper on 01-May-2007 at 10:37 PM.

I'm glad to see some public acknowledgement from one of the parties involved. I'd have prefered to have seen this before the court documents were shown though.

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It is indeed good to see at least one of the parties making an attempt to communicate with the community, and it'll be interesting to see what case they do make. What does worry me however is the last paragraph:

Quote:

In closing, we would like to remind dealers and other third parties that distribution of Amiga OS 4.0 without the prior permission of Hyperion VOF and certain third party developers is illegal under EU, US and international copyright legislation and therefore entirely at their own risk.

To me, this seems to indicate that Hyperion believe that anyone distributing OS4 with the ACK system when that comes out may be liable. If litigation is continuing at that point, then this may well put off some dealers from stocking it. No doubt A Inc could say the same thing about the SAM440 as well...

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Thanks for letting us know your stance on the matter.

@NomadOfNorad
Quote:

So, when do we get to see their PDF of documents in counterpoint to the one Amiga Inc have put up? Or is it already out there somewhere, waiting for us to find it and link to it here?

When Hyperion files their response with the court's clerk and it's made public record I would say.

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@Colin_Camper

You misread it:
Quote:

NEWLY DEVELOPED parts of 3.5 and 3.9 not done by H&P

(my emphasis)

It is a well repeated fact that Hyperion only got source code from 3rd party contractors who worked on OS3.5/3.9. Anything done in-house by H&P was not available except in binary form.

I'm not sure about the "reworked Amiga 3.1" source code though, first I've heard of it.

Chris

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"Miracles we do at once, the impossible takes a little longer" - AJS on Hyperion
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Thank you Hyperion for the update, you have my appreciation and full support.

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It's hard to be sympathetic to Hyperion;

Don't forget, they were posting here, fishing for $20K for a 'port' of OS/4 - while scamming Amiga Inc for '$8k here and $2K there' ...

Aside from the bizarre fact that such puny, pathetic amounts are involved there is the unpalatable fact that they were happy to scam us users for more than they were trying to scam from Amiga Inc.

All allegedly, of course!

Charming!

It's good to read this.

Hyperion have my full support and I sure do hope that they are able to come out of this as owners of OS4 and beyond. If Amiga INC win ownership then we can kiss goodbye to any further development of the Amiga OS.

Good luck Hyperion.

http://ann.lu/comments2.cgi?show=1004944793&category=news&number=33#comment

Hyperion don't give up ! Go Go !

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@Chris_Y

Quote:

You misread it:

No. It is as clear as crystal.

Quote:

Despite the failure of Amiga Inc. to secure access to the Amiga OS 3.5 and 3.9 source-code and indeed the reworked Amiga 3.1 source-code

.... so, you do negotiations for 18 months and have waited all the time until the other party opens the court case??? Why didn't you start months before a case against Amiga inc??? (Time = money)

Quote:

We will therefore vigorously defend the claim which we consider entirely devoid of substance and we are extremely confident of a favorable outcome.

So much for any sort of quick resolution to this mess.

Oh well, back to coding OS4 apps while the boys work out their differences...

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ExecSG Team Lead

@Naz
Quote:

(Time = money)

I'm sorry but that equation has no relevance in the Amiga universe. Please try again.

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ExecSG Team Lead

I trust in Hyperion, AmigaOS4.0 exist by Hyperion, not by amigaInc.

I hope Hyperion will win the litigation, GOOD LUCK Hyperion!

So, is there a way for the OS to be shipped to end users while the court battle is ongoing? Say, have a court-appointed third party handle the shipping and collect the money, and then sit on the money until it is decided who "really" owns the OS and how the royalties are to be divvied up?

Or does this court battle even impact upon the shipping of the OS4 discs? I mean, presumably it's all about how the royalties are to be handled... they could let the existing distribution system for OS4 remain, pending the outcome of the court battle, and then divvy up the money later. Perhaps use the existing distribution plan (that is, via Hyperion and the other company) but have the profits go into a court-specified bank account instead, the money to be carved up later.

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@ssolie

I think for Hyperion it's relevant. Sorry, but I like to insist.