@CodeSmith

Quote:

just let the legal system take its course

Yeah - lets all wait *"two more years!"





*estimate

Last edited by Benji on 03-Oct-2007 at 09:19 AM.

An open letter is not going to affect the outcome of the court case at all, it is clearly meant to influence us ("the community") into siding with Amiga Inc. Doing this in the middle of a protracted fight would show a very long term style of PR (shaping our impressions over the course of many months), which is something Amiga Inc has never done. This is why I believe that it's almost over, and why I believe that Amiga Inc are confident they won't lose everything but uncertain they will take OS4 from Hyperion.

Last edited by CodeSmith on 03-Oct-2007 at 09:30 AM.

Quote:

Over the last several months and in fact couple of years, Amiga has continued our software and business development and generally kept quiet. This path of quietness was chosen so that we communicated only when there was a development that culminated in a product that could be purchased.

Good, but when are going to produce products the community wants (stuff that runs on OS4.X,OS3.X)

Quote:

In recent weeks, our being quiet has been interpreted as weakness or an open invitation to attempt harming our business relationships and opportunities with partners and customers.

In recent weeks are you kidding, we have tried getting in contact whit Amiga Inc for yrs whit get answers on e-mails sent.

Quote:

Amiga is dedicated to providing a new operating system and digital environment for the Amiga community and the broader public, and to delivering products and services that are used by a variety of third party consumer electronics companies.

Good, but when you have been saying this for years, yet your company has not produced any product that runs on AmigaOS4.

Quote:

Amiga has never wavered from the path that was laid out and will deliver on that promise.

Are you kidding you signed contract whit ACK, we are having problem get CPU modules back from that company, ACK as broken to many promises all ready, and your company has done the same, promised dead lines for product your company does not produce.

Quote:

I am writing this letter to all in the Amiga community, past, present and future. We have learned a great many lessons over these years together. We made many mistakes,

That true, and that’s way we true believing in your company.

Quote:

and not every partner we selected turned out to be the best or the most ethical.

H&P deal did not go that well, Eyetech and Mai Logic went out business, and your suing Hyperion, thanks

Quote:

We can certainly point fingers and blame others, but it really does not matter. What matters is that contrary to a great deal of the nonsense that I am reading lately, Amiga at no time has ever abandoned our goals, the Amiga community and our dream.

Good but when will you deceiver some kind of product, I’m not just taking about the OS her, there are lots of stuff to do, line web browser, media applications, network applications, plug-ins for IB.

Quote:

I recently read a post about how OS 4 should power a phone, and somehow this is supposed to be an epiphany that the Amiga OS could power more than a desktop. This has long been part of our core business plan, Amiga entered into and paid for an agreement to develop a pilot of an embedded version of OS 4 in 2005. Amiga lost a deal worth more than 250,000 units because the development was not properly handled. Amiga has been working and negotiating with third party OEM’s and ODM’s for far more units than the iPhone® has shipped and we still are unable to provide the product. The people who are being hurt are the legitimate third party developers who worked hard on OS 4.0, the customers that we are losing and the community.

Oh well yet a deal that did not go that well, your just not delivering on the promises.

Quote:

No one wants to see OS 4.0 shipping more than Amiga does. Amiga tried for more than 3 years to work on and work with the necessary parties to reach that goal.

Yet you refused new hardware for OS4, AHT, Troika, ACube, Acill comes to mind.

And I’m simply ignoring the ACK deal because they don’t have any hardware and never will, whit or whit out licence, ACK has promised HW so many times and yet show nothing, there no evidence that they produce any thing but hot air, way did sign a agreement whit ACK?

Quote:

Millions of dollars were offered, and refused,

AHT pulled out in last minutes because you where demanding thing that AHT where unable to accept.

Quote:

millions of dollars offered to make sure that the third party developers were paid,

Good

Quote:

and yet without the third parties being consulted Amiga efforts are denied and frustrated.

Well there is most likely are reasons way they are denied and frustrated.

Quote:

With these activities and continued efforts Amiga is the one that is portrayed as being in the wrong by those who are driven by self-interest and who do not care about the best interests of the broader Amiga community.

Well at least they are being more communicative then Amiga Inc in the past, and shown more interest in general.

Quote:

We want to be particularly clear on the following point: Contrary to what has been said in public forums, Amiga has never expected to or tried to take intellectual property rights or money away from the legitimate,

That good to know, and think developers that have produced P96, AHI and many other OS4 modules, are feeling better now.

Quote:

independent third party developers who worked (and continue to work) on OS 4.0, In fact,

True

Quote:

if our last offer had been accepted, these developers would have either been paid by now, or at least would be seeing a revenue stream, and millions of customers would have Amiga running on their systems – whether computers, mobile devices or phones.

Now your dreaming, way can’t Hyperion and Amiga Inc make some kind of new agreement? Its clear to every one reading the legal documents that contracts are does not account for all the changed planes, and the fact that Hyperion where forced to obtain the intellectual property of OS3.5 and OS3.9 to do there work, and sign many individual contract to achieve there objectives, Articia-S chipset that was buggy and every thing else that did not go as planed.

Quote:

In fact, Amiga’s consistent position has been that Amiga would assume all of the legitimate third party contracts and make sure that all legitimate outstanding amounts are paid.

Good, but its Hyperion how signed this contracts not Amiga Inc.

Quote:

What many of you do not seem to understand is that KMOS (now known as Amiga, Inc.), which acquired the tangible and intangible assets of the Amiga business in 2004, was and is a company with new financial wherewithal and new strengths. We have added people with proven records and they are keeping us focused as a company. We are able to focus our attention on developing products and technology that will drive revenue and our future as a company.

What has Amiga Inc produced in last 7 years that runs on OS3 or OS4? Are you going to spend next 7 years doing the same?

Quote:

For those of you wanting to point fingers and blame Amiga for the fact that OS 4.0 is not shipping, you are pointing your fingers at the wrong people, and frankly I am not going to sit quietly any longer and let this unfounded criticism continue.

What happened to AHT deal, way did they refuse?

Quote:

New hardware is indeed being developed, and we have selected the first 3rd party manufacturer that will build in high quantities, and yes, this new hardware is being delayed because OS 4.0 is needed to complete the package and to resolve certain technical issues. As I said before, no one wants OS 4.0 shipping more than Amiga.

Then way is there no new HW licence for OS4 hardware, ACube as HW waiting for licence.

Quote:

The OS 4.0 situation could be resolved very quickly. We have tried. We were forced to take a legal course when the other side would not even mediate (which the contract calls for). This situation can still be resolved without the courts, but it cannot be a one sided solution.

Did you pay Hyperion for Ami2D/3D? Did you pay all your depths?

Quote:

With regard to recent comments about Tao and Intent, the reality is that Amiga does not support Intent and we have not since before Tao was forced into receivership. We have been working on our “AA2” solution for Amiga Anywhere. We wanted to keep quiet about it until the SDK and documentation were completed and made public when it was ready to ship. However, because of recent posts where incorrect statements have been made, we want to let you all know that Amiga Anywhere is not dependent on intent and that the new solution is in the pipeline .

Good, but when are going to any more then pocket games and games for Windows XP/2000?

Quote:

My last point concerns a recent post about another company making offers for Amiga. This is categorically false. A bona fide offer was never received. Amiga received a letter that asked for our financials. In the phone conversation that followed, we explained to the contact at the other company our current valuation based on the last round of funding we had completed, and then gave them the current valuation on the round that is in the process of closing, and we were told that there was no way they could even get close to those numbers.

Oh well.

Quote:

Amiga is making great strides and technical progress on our products and services,

What products and services?

Quote:

And with the partners and companies that Amiga has amassed not only in the cell phone space, but in other consumer electronics disciplines as well. With the new people who have joined, our recent acquisition in India, Amiga is opening the doors to a long term strategy that the community can support, respect and be proud of.

Well your showing where little active over there, and there is no or little information about AmigaOS4.0 and 3.0 are really showing any interest?

Quote:

One of my frustrations lies with the fact that this Amiga team sacrificed a great deal to deliver on our promises. I want to thank the loyal members of the Amiga community for sticking with us through thick and thin.

Well after scams polled on Amiga Community for discount on AmigaONE/OS4, and T-short scam you shown the community how professional your company is, we have been frustrated whit your company for years now, we don’t believe in Amiga DE/AA we believe in Jave / Flash and common standards.

Best regards
Kjetil

_________________
http://lifeofliveforit.blogspot.no/
Facebook::LiveForIt Software for AmigaOS

Bill,

please STOP telling us stories about what could be there if blablabla.
Show us the product, you want to sell, show the mysterious hardware !
Give a prototype board to Hyperion and then negotiate, what a port to that hardware would cost.
(I'm sure this is far less than "millions of dollars" you btw. NEVER offered to Hyperion itself...)

My guess: there is no Hardware... you just want to better AInc.s image.

_________________

Why this sudden letter to the community? Someone getting a bit nervous?

Quote:

Amiga has never wavered from the path that was laid out and will deliver on that promise.

Where and when did I hear such language before? Every now and then it seeps through into Amiga related fora and it always contains the same mantra: trust us, we are the ones who can guide Amiga through the bad lands, we can deliver, we recently have made great progress, everything is on shedule and rockin', our financial situation now looks very rosy, our new contacts are very eager to work with us and the product we are about to deliver will smash any competition as the brand name is one of the most recognized brand names in the world, etc., etc.

Quote:

We are able to focus our attention on developing products and technology that will drive revenue and our future as a company.

Another such mantra: developing something that is planned for the future. Of course , everything you plan is for the future, but there are three kinds of future: the near future, the far future and the pipedream or nonexistnt future. I fear that the latter one is Amiga Incapable's target. Keep on dreamin', guys!

Quote:

New hardware is indeed being developed,

Mr McEwen, please wake up! It is already there! Yearning for a socalled 'license'! Or has the fact that it is ready and can be ordered taken you aghast? Now that you know this, we can expect them getting a license in a fourtnight, no?

Quote:

The OS 4.0 situation could be resolved very quickly.

That's what every farmer and his dog here know, but the majority differs greatly in the proposed solution: Amiga Inc. get out of the way! Please?

Quote:

I want to thank the loyal members of the Amiga community for sticking with us through thick and thin.

All three of them? As I said, the majority prefers to see you leave, ASAP!

Luckily I am the very proud owner of a MicroA1 running the latest iteration of OS4.0. Sadly , I'm one of the very few and diminishing number of owners. Instead of a mere thousand lucky fellows (M/F), I could be part of a really thriving community with over tenthousand, and maybe far beyond, souls! But, no. I bought it nearly three(!) years ago and in all those three years nothing was available anymore in terms of suitable hardware. Yes, the OS has been available, but *NO* hardware. And guess why? Only a 'license' was needed. And whom is resposible for doling out licenses? Well, Mr McEwen, look into a mirror collectively and you see them. So, stop dreaming and start doing something! The best thing you could do IMHO is to sell the whole thing L, S & B to anyone offering you a dime for it and then be happy, go lucky!

Go, Hyperion, go! Although no saints either, until now *YOU* have shown to be capable of delivering! Pry the neccessary parts out of incapable hands and get things rolling again! Only *YOU* can do it! Any others are just putting their full weight to the brakes. Any court case need not be in the way of getting things forward. So I guess, someone is getting very nervous up to the point of outright panic! Go, Hyperion! GO!

Tjitte (OldFart) de Wolff

_________________
Life is a waste of time.
Time is a waste of life.
Get wasted all the time
and you'll have the time of your life!

IMHO the entire letter it is worth only this passage:

Quote:

The OS 4.0 situation could be resolved very quickly. We have tried. We were forced to take a legal course when the other side would not even mediate (which the contract calls for). This situation can still be resolved without the courts, but it cannot be a one sided solution.

It is a strong signal that Amiga Inc. wants an extra judiciary agreement with Hyperion.

Now if I was was in the shoes of Hyperion managers, I will open a roundtable in which to search for a deal.

IMHO Amiga inc. will be enough yelding and reasonable this time.

DON'T MISS THIS OPPORTUNITY.

Situation it is still ambiguous and the trial results are still uncertain.

If I were of Hyperion's, then I will start discussions of peace.

AT THIS MOMENT IT IS VITAL FOR AMIGA NOT TO MISS DECEMBER 2007 CHRISTMAS SALES.

If Amiga will be present for Christmas sales with SAM 440 EP and AMIGAOS, WITH A LICENCE FROM AMIGA INC., then Christmas sales will lead to free advertising from any online news-magazine which will title news that Amiga it is again on the market...

And more, the Christmas period it is the time of the year that people has enough money in the pocket to purchase an Amiga.

It is not important to win in court trial, just for the taste of having AmigaOS of your own.

It is not important to get your vendetta.

Profit, publicity and success for Amiga, and for your business are important!

And this all it is worth an agreement with Amiga Inc.

Don't miss this opportunity Hyperion.

Else Amiga will be taken as the new 2008 joke of the year...

And Amiga will be perceived as worst than Duke Nukem Forever joke...

Don't miss this opportunity Hyperion!

Amiga Inc. did their worst to let Amiga ship to ground in the sand...

Now, if you were so stupid to miss this last opportunity for an agreement, and you Hyperion let the Amiga ship to sunk...

...Then we the users will know how to do with you, and it will be of no importance that you developed AmigaOS 4.0...

_________________
"When the Amiga came out, everyone [at Apple] was scared as hell." (J.L. Gassée, former CEO of Apple France and chief of devs of Mac II-fx, interviewed by Amazing Computing, Nov 1996).

@ Mr-Z

-whatever- next!

I'm almost as excited about this as you are. Well, not really.

Regards
Roy Leith

I didn't think about it, but I agree. I think they are going to lose the court case, and/or the judge told them they better settle. My advice to Hyperion, go all the way and stick it to Amiga Inc.

Yogi

I don't understand why they are holdinig back so much. Why not do what is necessary with AmigaOS and port it to x86 so that x86 hardware also can run it?

I have said this so many times and this should already have been the case long ago..

I'm tired of clown-games from wannabe-companies where money is the only concern to them...

_________________
Helge K. Leaving the Amiga in favour of a PC..

@Helge:
AmigaOS (3.9) for x86 is there for a long time already: Amithlon, AmigaXL, UAE.

Last edited by _PAB_ on 03-Oct-2007 at 12:45 PM.

_________________

Nice to see so many open minds here.

_________________
"Anyone with a modicum of reasonableness may realize that it is like comparing the ride in the world to descend the stairs to catch the milk in the house."

Google Translate

Quote:

Why not do what is necessary with AmigaOS and port it to x86 so that x86 hardware also can run it?

as been told many-many times before, porting to x86 means losing backward compatibility,
and technicaly is a very huge task (endian issues, etc...). besides amigaos on x86 should become just another second, or third os installed on a windows pc, and the majority will use win instead of aos.
btw, i dont want to use a big, noisy pc to run aos, i prefer a nice, silent, passively cooled box for that pleasure:)

Last edited by $adddam on 03-Oct-2007 at 01:13 PM.

I have read about new fundings and big projects too many times... sorry, I can't believe AInc's press releases (or open letters, that is) anymore.

Just give us amigans some facts: granting (with a proper written contract if possible, just to avoid some legal mess...) a license to port OS4 to ACube's SAM440 for example would be a great start IMHO.

..zzZZzzZZzZZZzzzz.....

....ZZZZzzzzZZZzzzzZZzzz....


...zzZZzzZZZZzzZZZZ....

....ZZZzzzZXKKXKXXXXTTKCT!! HUH?? Whats that?


Still nothing to buy?


Oh.


...zzzzZZZZzzzzzZZZZzzZZZZ

_________________
...wait... what?

Now this is really a disappointing letter.
Where is your product pal? Only facts will do...

Dear Bill McEwen,

As I review gadgets and cell phones and write beautifully crafted reviews of said items, Please send me whatever Amiga OS4 driven cell phones you have so I can run it through it's paces.

Thank you,

cecilia
Creator of the IFX tutorial CD

Last edited by cecilia on 03-Oct-2007 at 02:42 PM.

_________________
"In terms of worship, I worship the God of Irony.
That's the only God that I know exists." Terry Gilliam

@CodeSmith

Quote:

I suspect that the judge twisted some arms and talked the lawyers into an out of court

I wish the judge had time to read some of the relativent forums. It would probably bring a new light to his decisions. However in this case I think I like him deciding based on strait, narrow evidence and law pecident.

Plaz

@Plaz

I think his decision is based on the ambiguity of the contract, and the fact that his time is being wasted by two companies with less than 5 employees each, with delusions of being Google vs Microsoft.

Even if the judge did read the forums, his decision would be based on the evidence submitted, not hearsay, but you knew that.

_________________
Hate tends to make you look stupid...

it seems people want an end to all this. quickest way to end is Hyperion taking the payoff.

i also ponder about if Amiga win / buy back OS4 and bring out all these things they talk about, how many people will suddenly go very quiet, instead of the noise being generated now.

_________________