Hyperion have made their bed and should lie in it, they have been holding OS4 hostage and makes you wonder what was the real reason why no new hardware came out. I find the license excuse by the friedens now to be a load of #### and want to know the real reason.

They have hurt the Amiga more now than ever.

Let's hope this gets settled quickly.

_________________
- Ronald

All beer tastes bad.

Quote:

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).

What a load of ####! If *that* is Hyperion's best argument, then the show is over....

To quote the contract, clause 2.06:

Quote:

...provided Amiga makes the payment pursuant to article 3.01 hereof, Hyperion shall transfer all Source Code, interest and titel in OS 4.0 to Amiga...

I really hope that Hyperion has some *real* arguments to present as well besides this, otherwise Amiga Inc will win a walk over victory. Compared to the Amiga Inc statements (and the full chain of evidence like the actual contracts, etc), Hyperion doesn't even seem to have a case! I predict this will be a short "battle"...

Good luck Hyperion in this case. You get my full support.
Thanks to you that we have an excellent OS4.

_________________
---------
AmigaClyde

µA1-C 750GX@800 using OS4.1

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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

This reminds me of Jens Schoenfeld's comments about "a company that claims to own the Amiga Intellectual property, but has not provided proof of that" during the last Clone-A demo.

@umisef
Quote:

Quote: 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). What a load of ####! If *that* is Hyperion's best argument, then the show is over.... To quote the contract, clause 2.06: Quote: ...provided Amiga makes the payment pursuant to article 3.01 hereof, Hyperion shall transfer all Source Code, interest and titel in OS 4.0 to Amiga...

That clause does not actually contradict what Hyperion have said.

@takemehomegrandma

Quote:

I really hope that Hyperion has some *real* arguments to present as well besides this, otherwise Amiga Inc will win a walk over victory. Compared to the Amiga Inc statements (and the full chain of evidence like the actual contracts, etc), Hyperion doesn't even seem to have a case! I predict this will be a short "battle"...

You're comparing a public statement to court documents. Of course there's nothing of substance in the public statement. I'm sure that Hyperion has something compelling.

Hans

_________________
Join the Kea Campus - upgrade your skills; support my work; enjoy the Amiga corner.
https://keasigmadelta.com/ - see more of my work

@NomadOfNorad

Quote:

Or does this court battle even impact upon the shipping of the OS4 discs?

Amiga Inc may ask the judge to block all sales of OS4 until the dispute is settled, this is actually a fairly common thing to do. If Amiga Inc has more money than Hyperion, it could use this in combination with delaying tactics to keep the case in court for years and starve out Hyperion. This is a very common technique used to get rid of competitors when you're sure you have more cash than they do. Even if you end up losing the case, if your competitor is bankrupt by the time it's over, in reality you've won.

Quote:

there is the unpalatable fact that they were happy to scam us users for more than they were trying to scam from Amiga Inc.

Hyperion were trying to scam users ?

Did they take any money for OS4 ?

Don't be so quick to judge; you don't have all the information. You must be one of those people who received their T-shirt.

Quote:

We will therefore vigorously defend the claim which we consider entirely devoid of substance

Huh??
Bit of a Freudian slip, perhaps?

_________________
Here for the whimpering end

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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?

Depends on how things work. Hyperion may have just received notice from the court via mail about the lawsuit. It may be a couple days for Hyperion to prepare their filings. And then a few days for mail to get that back to the courts to be filed. I don't know if the legal procedure allows everything to eb emailed back and forth. These are lawyers and judges, who tend to like hardcopy stuff with original signatures. Be patient.

_________________
All glory to the Hypnotoad!

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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.

Have you some insider information that us normal mortals lack access to?
I have not seen any proofs that the money that amiga inc transferred was for the buy back. I can recall having read that hyperion claimed that these amounts of money was for something else than the buy back. I cannot recall whether it was for amiga inc wanting extra features or if it was money they owed hyperion in the first place.

We just dont know the facts and thus i think it is wrong of you to automatically conclude that it is hyperion that is the bad guy, unless you do indeed have some insider info.

Q+A with Thomas in 2002:

http://www.amiga-news.de/en/news/AN-2002-09-00098-EN.html

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What's the finalised feature list for OS4?

Quote:

See Amiga's web page.

The specs were public. The deal was done. I guess Hyperion got a little carried away!

Tomas,
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Have you some insider information that us normal mortals lack access to?

I'm not sure if you understand how the discovery phase of a suit works, but yes - we ALL have access now. You're going to have to find a better line, LOL!

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I have not seen any proofs that the money that amiga inc transferred was for the buy back.

I guess you haven't read through all of Exhibit J yet:
http://www.merlancia.us/amiga-hyperion/decmcewenshow_case_doc.pdf

Try to focus on the part where McBill tells Pentti Kouri how much it will cost to buy back OS4 from Hyperion, to which Kouri responds with his decision to buy back OS4 from Hyperion, followed by the receipt from Hyperion where the money was paid to buy back OS4 from Hyperion.

Quote:

We just dont know the facts

Like I said, you need to find a new line. We know the facts *now*, and we're going to get even more facts as soon. Hyperions' crack legal team is scrambling to provide documentation to the court clerk even as we speak.

_________________
Here for the whimpering end

@jorkany

Quote:

Like I said, you need to find a new line. We know the facts *now*, and we're going to get even more facts as soon. Hyperions' crack legal team is scrambling to provide documentation to the court clerk even as we speak.

And it's going to be an interesting read when the documents are made available.

Hans

_________________
Join the Kea Campus - upgrade your skills; support my work; enjoy the Amiga corner.
https://keasigmadelta.com/ - see more of my work

@jorkany

Quote:

Like I said, you need to find a new line. We know the facts *now*, and we're going to get even more facts as soon. Hyperions' crack legal team is scrambling to provide documentation to the court clerk even as we speak.

Since when did you start believing what Amiga Inc says? So now everything they say is true?

Both sides are going to put forth "evidence" that supports their claims. Up to this point it has really been a one sided argument and frankly I don't trust that side.

_________________
Micro A1 866 Mhz and AmigaOS 4.1
PowerMac G4 1.4 Ghz and MorphOS 2.7

Quote:

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' ...

They were not scamming, they hadn't force no one giving more peanuts money for their work.

BTW, if all they have to hand is what was first foresee in 2000, probably aren't that much... they can keep all the (extra) advancements for themselves and sold them as MUI and other components are.

Last edited by pixie on 02-May-2007 at 12:51 AM.

_________________
Indigo 3D Lounge, my second home.
The Illusion of Choice | Am*ga

@NomadOfNorad

Quote:

So, is there a way for the OS to be shipped to end users while the court battle is ongoing?

From reading the AInc thread, it would appear the court case is about the use of trademarks, and not ownership of OS4, so probably not.
I think AInc are trying to bite off the hand that (could) feed(s) them.

_________________
Peter Swallow.
A1XEG3-800 [IBM 750FX PowerPC], running OS4.1FE, using ac97 onboard sound.

"There are 10 types of people in the world: those who understand binary, and those who don't."

Well they sold AOS4 to users that purchased nonlicensed boards. Fell free to straiten me out but it is my understanding:
That only Eyetech (Teron) boards sold with AOS4 were truly AmigaOnes. Those boards sold without AO4 (remember some of the recent discussions as there were some of those) were not AmigaOnes. Does that mean Hyperion can not sell AOS4 to these users?

Looks like a cage match then. I'm still hoping for a amicible ending. If this turns into a full out ugly court battle, the community will be fractured yet again.

Plaz