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Internet News : Official statement on litigation with Amiga Inc. |
| posted by zerohero on 1-May-2007 22:06:45 (15294 reads) |
Leuven, Belgium - May 1, 2007.
Whilst it is not Hyperion Entertainment’s policy to comment on ongoing litigation, we would like to reassure our customers (whom we wish to thank for their very numerous notes of support following the news) that development of AmigaOS 4.0 related components is still ongoing and will continue apace during the duration of the litigation with Amiga Inc.
Following over 18 months of unproductive negotiations with Amiga Inc. through our management and attorneys, we welcome the opportunity to finally present our case in a court of law which was regrettably the only remaining avenue after Amiga Inc. repeatedly and consistently stonewalled any attempt to resolve the outstanding issues (including the “Party Pack” and “I am Amiga Club” voucher schemes and the failure to acknowledge the intellectual property rights of third party developers) through mediation and binding arbitration.
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, Hyperion Entertainment has, in the form of Amiga OS 4.0, delivered a product which meets and surpasses all contractual design and development goals (e.g. full Amiga chipset independence), a fact which was previously acknowledged contractually and publicly by Amiga Inc. Under the 2001 agreement with Amiga Inc. Hyperion is entitled to all revenues stemming from distribution of Amiga OS 4.0 irrespective of the execution of the “buy in” clause which relates solely to subsequent versions (Amiga OS 4.1 and beyond).
We will therefore vigorously defend the claim which we consider entirely devoid of substance and we are extremely confident of a favorable outcome.
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.
Taken from here. |
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| Poster | Thread |  Martini
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Re: Official statement on litigation with Amiga Inc.
Posted on 4-May-2007 23:25:23
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Member
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Joined: 22-Mar-2007
Posts: 22
From: Unknown | | |
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| | Hattig
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Re: Official statement on litigation with Amiga Inc.
Posted on 5-May-2007 18:52:03
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Regular Member
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Joined: 11-Mar-2003
Posts: 340
From: Cambridge, UK | | |
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| The Embarrassing Saga Of Amiga Continues
Firstly, $22,500 is a ridiculously low figure on its own for outsourcing this work, even if it had taken the original 5 months for 2 people (The Friedens) you'd be looking at $60,000 or more - and Hyperion also had other people to pay, so maybe $100,000 would have covered 6 months of OS4.0 outsourcing.
Therefore there is more to the contract than just this buy back fee.
Maybe it is that Hyperion get the profits on sales of Amiga OS 4.0, and that Amiga Inc. would arrange contracts to provide hardware for Amiga OS 4.0 to run upon, in quantity. Amiga Inc. sorted out one hardware provider, Eyetech, who made a couple of thousand units in the end. Can Amiga Inc. be said to have done their end of such an agreement? Considering that the Party Pack fiasco and more held back the hardware side of things for a long time, Hyperion could have a point here, but I'm no legal person.
Amiga Inc. cannot have fulfilled their side of the contract, hence the stalemate. Hyperion aren't going to bend over and take it up the rear. Hyperion have also developed OS4.0 far beyond the original specifications for Amiga OS 4.0, due to hardware alterations and time. I remember when USB was planned for 4.2 or later!
When Hyperion's documents appear, it will be interesting.
However there is a strong chance that the contract is not good for them, and they'll get reamed. |
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| | OldFart
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Re: Official statement on litigation with Amiga Inc.
Posted on 6-May-2007 18:05:55
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Elite Member
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Joined: 12-Sep-2004
Posts: 3066
From: Stad; en d'r is moar ain stad en da's Stad. Makkelk zat! | | |
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| @NomadOfNorad
Quote:
| Or does this court battle even impact upon the shipping of the OS4 discs? |
Pointless to ship OS4 without any HW, me thinks...
OldFart
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