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Announcement   Announcement : Hyperion Entertainment Official Statement
   posted by Rogue on 19-Sep-2006 23:07:49 (20006 reads)
Judging from some of the e-mails we received, the recent comments by the
Amiga Inc. management seem to have created confusion with respect to the
development and availability of Amiga OS 4.0.

Read more for full statement...(mod note)...


As managing partner of Hyperion Entertainment VOF, I would like to take
this opportunity to assure our customers that development of Amiga OS
4.0 is entirely in Hyperion's hand alone and that the Amiga OS 4.0
development team is proceeding very well indeed as may become obvious
during the upcoming shows in Italy and Sacramento, U.S.A.

There are no development hold-ups of any kind and we are in fact
anticipating an initial "final release candidate" by the end of 2006
provided suitable hardware is available for sale at that time. You may
recall the fact that Hyperion held back on the official release of Amiga
OS 4.0 in 2005 in order to have it coincide with the availability of
suitable target hardware.

Several third party hardware manufacturers have indicated that they are
working on a wide range of different suitable PPC hardware platforms. We
will leave it to them to communicate about these projects in due time.

This extra time has given the OS 4 development team the opportunity to
not only polish the final product even more but to incorporate very
substantial and modern functionality such as the new, extremely
reliable, modern and powerful memory subsystem in conjunction with new
yet to be revealed functionality.

We will specifically not comment on any legal issues as raised by Amiga
Inc. management as these matters are finally and at our explicit and
repeated request being handled by both parties' respective lawfirms and
we find it highly inappropriate to publically comment on these matters
in the meanwhile. Suffice it to say that some statements by Amiga Inc.
were clearly in contradiction with the views held by Hyperion's
attorneys both on a legal and on a factual level.

We thank you for your patience and the continued support of the Amiga OS
4.0 project which we are dedicated to complete as soon as possible.


Evert Carton
Managing partner
    

STORYID: 3315
Related Links
· More about Announcement
· News by Rogue


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PosterThread
Rogue 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 7:15:50
#21 ]
OS4 Core Developer
Joined: 14-Jul-2003
Posts: 3999
From: Unknown

Quote:
The developers certainly deserve all the praise, but I don't have enough facts to say that Hyperion as a whole deserves the same credit.


I'm sorry, but yes, they do. If it hadn't been for Hyperion, the whole project would have NEVER EVER come to be. Just look at the number of companies that tried their hands at "OS 4" since the early ninties. If it wheren't for Hyperion and the relentless works of Ben and not Evert, and the fact that they carry ALL the financial risk of this enterprise.

The do deserve all the credit they can get, as much as the developers do. They're the mortar in the wall, without it, the wall wouldn't hold long.


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Rogue 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 7:17:36
#22 ]
OS4 Core Developer
Joined: 14-Jul-2003
Posts: 3999
From: Unknown

Quote:
It's amazing to me that suddenly everbody's an expert regarding the contract between Amiga, Inc and Hyperion and the contracts between Hyperion and the developers that have contributed to AmigaOS 4.0.


Not to mention that everybody seems to be able to look through walls, since nothing of these contracts have ever been made public.


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Rogue 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 7:19:42
#23 ]
OS4 Core Developer
Joined: 14-Jul-2003
Posts: 3999
From: Unknown

Quote:
Looks like Amiga User may again be screwed.


Sorry, but that's an eight-letter word. Why would Amiga users get screwed? AmigaOS 4.0 is available as a prerelease and will be available as a final release, any dispute between Amiga and Hyperion is not going to affect that. So can you mayhaps explain this little verbal gem of yours?


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AmigaManiac 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 7:32:18
#24 ]
Regular Member
Joined: 19-Jul-2006
Posts: 104
From: Australia

@EntilZha

thanks for your clarification, i'm now trying to just sit back and wait for the release at the end of the year,that's if there is new hw for os4 to run on, thanks guys for all the hard work.


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Hyperion + other developers take a bow

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CodeSmith 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 7:48:32
#25 ]
Elite Member
Joined: 8-Mar-2003
Posts: 3045
From: USA

@Rogue

If we get to the end of the year and again there's no hardware, would you consider an update #5?

Last edited by CodeSmith on 20-Sep-2006 at 07:48 AM.

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GregS 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 8:01:46
#26 ]
Super Member
Joined: 28-Apr-2003
Posts: 1797
From: Perth Australia

Well done and thank you Hyperion.

This is how we should expect companies to handle disputes, leave it to the law firms to sort out and get on with business.

My hope is that things get settled to the mutual satisfaction of both companies, or at least so that both can live with the results.

The critical bit is that whatever the dispute is actually about the development and launch goes forward.

It is franklly a relief that both parties are keeping the legal stuff out of the community.


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Samwel 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 8:17:01
#27 ]
Elite Member
Joined: 7-Apr-2004
Posts: 3404
From: Sweden

@Rogue/EntilZha

Is there going to be a update5 so the release candidate can be fully checked by many
users before releasing it fully?


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Samwel 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 8:27:59
#28 ]
Elite Member
Joined: 7-Apr-2004
Posts: 3404
From: Sweden

@evilrich

Quote:

It's amazing to me that suddenly everbody's an expert regarding the contract between Amiga, Inc and Hyperion and the contracts between Hyperion and the developers that have contributed to AmigaOS 4.0.


Sorry, I'm no expert at all.

But this is quite important. Rogue tells us OS4 is safe. That's fine by me.


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Frags 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 8:39:47
#29 ]
Cult Member
Joined: 23-Nov-2004
Posts: 971
From: East-Midlands (Nottingham) UK

Anything that puts OS4 in the hands of Hyperion is fine by me - they have proven that they want to do what I want to see done, unlike the quirky plans all the other owners and decision-makers have had in the past.


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Mark 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 9:29:44
#30 ]
Team Member
Joined: 12-Mar-2003
Posts: 1457
From: UK

Actually in my more optimistic moments I dont see it as necessarily a bad thing that the lawyers are involved, or even that they have a disagreement. People read things differently (as is proven here on AW all the time) it could be a simple (or not so simple) case of AInc saying we think this means this and we want it done, and Hyperion saying no it means this and we'll do it this way. Rather than get into a bitch fight about it, they pass it off to the lawyers to decide whats right and then go that route, hence no argument between the actual parties involved (just the lawyers and they deserve all the scars they get ), at the end of the day its a way of resolving disputes (hopefully amicably).

Mark


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KimmoK 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 9:29:50
#31 ]
Elite Member
Joined: 14-Mar-2003
Posts: 5206
From: Ylikiiminki, Finland


I will be happy when someday I can easily buy AOS4 & HW and I do not need to read any AInc related sh*t.


Untill then ... better stay away from Amiga News sites & forums & build a linux setup in the meantime.


(hopefully AOS4 final is released before my boy learns to use something else)

Last edited by KimmoK on 20-Sep-2006 at 09:37 AM.


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herewegoagain 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 10:01:40
#32 ]
Elite Member
Joined: 8-Jan-2003
Posts: 3270
From: Charlotte, NC

Quote:
For the sake of goodness, can you *please* *finally* stop making assumptions? Why do you think that Hyperion hasn't got development completely in its hand when it says in their official statement that there is no issue with Development?

I just don't get it, really. Why DO you have to read things into statements that are SIMPLE NOT THERE?


Look, I'm not an Eyetech basher, and if that's what you think, then don't. I'm not against Eyetech or Amiga and I really do hope this gets resolved. But you said yourself (as did Joerg) that Hyperion do not own your source code. I don't see why you can't understand that this would not sit well with some people.

Let's use this example senario as a possible thing that could happen: What if you had a fallout with Hyperion in six months or a year from now? What would stop you from deciding that you didn't want Hyperion to use ExecSG in OS4 anymore, and pull your code from them? They could no longer sell OS4, right? Do you not understand how the thought of this can be worrisome for your projected user base? And it's not like this is a wild example that could never exist. It already happed with the similiar situation of MorphOS where part of the coders took their code and broke up the OS.

I'm sorry, but until Hyperion or Amiga either one can say "we own the sources 100%", I won't be buying anything. $1000 is alot of money to lay down for a motherboard and OS to risk not being able to use it if something like that were to happen.

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Chris_Y 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 10:04:08
#33 ]
Elite Member
Joined: 21-Jun-2003
Posts: 3185
From: Beds, UK

@Evert/Rogue/Entilzha

Thanks for the clarifications.

@Samwel

I don't know where your info about powerpc.library came from, but I would be surprised if lack of source code stopped it being present in OS4final. There are various things in the pre-releases that Hyperion did not have source code for (OS3.5/3.9 components that belonged to H&P), and the binaries were still present. WarpUP support is pretty important for the classics and the Update4 powerpc.library is (as far as I can tell - I don't have much to test it with) stable and compatible, so I suspect it will be included as-is.

I'm sure Bill McEwen said they had tried to invoke to buyback but Hyperion hadn't accepted the offer - this is different from the quote you gave. I will need to check the original Q&A on this point.


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gnarly 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 10:07:35
#34 ]
Cult Member
Joined: 16-Mar-2003
Posts: 742
From: Cheltenham, UK

Quote:
What if you had a fallout with Hyperion in six months or a year from now? What would stop you from deciding that you didn't want Hyperion to use ExecSG in OS4 anymore, and pull your code from them? They could no longer sell OS4, right?
I'd hazard a guess that the license is written in such a way that the Friedens couldn't just pull the rug out from underneath Hyperion like that - they'd be contractually obliged to let Hyperion use the code for the software it's licensed for IYSWIM. That's just a guess, mind.


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jkirk 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 10:12:10
#35 ]
Elite Member
Joined: 28-Jan-2005
Posts: 3349
From: Georgia (usa)

Quote:
What would stop you from deciding that you didn't want Hyperion to use ExecSG in OS4 anymore, and pull your code from them? They could no longer sell OS4, right? Do you not understand how the thought of this can be worrisome for your projected user base?


i think rogue has already addressed this as they(hyperion) have a contract to use ExecSG. when bound by a contract they cannot just pull the program out of os4. the worst thing that could happen is for them not to sign a new contract for4.1,4.2 etc but os4 is safe.

Last edited by jkirk on 20-Sep-2006 at 10:13 AM.


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The_Editor 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 10:15:06
#36 ]
Elite Member
Joined: 7-Mar-2003
Posts: 7629
From: 192.168.0.02 ..Pederburgh .. Iceni

@HWGA

If you spent the $1k on MoBo and O/s and, for whatever reason, The Friedens pulled there code then I find it kinda hard to picture the Friedens coming round all our houses and destroying our Os4 disks !!

In other words... Whatever happens, it'll still work.

Just the same as Os classic only ever ( as far as Amiga developed) got as far as 3.1. It still works to this day !!

What we, Joe Punter need is Os4 to be complete enough so that third party devs can plug in any needed improvements should the worst happen.

Just my take on things.

Paul


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herewegoagain 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 10:27:23
#37 ]
Elite Member
Joined: 8-Jan-2003
Posts: 3270
From: Charlotte, NC

@jkirk

Quote:
think rogue has already addressed this as they(hyperion) have a contract to use ExecSG. when bound by a contract they cannot just pull the program out of os4. the worst thing that could happen is for them not to sign a new contract for4.1,4.2 etc but os4 is safe.


That sounds pretty dead end to me. At least it could be in that senario.

BTW, I guess Amiga thought they had a contract too.

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Benji 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 10:47:19
#38 ]
Cult Member
Joined: 1-Nov-2003
Posts: 573
From: Cheltenham or London, UK

@Hyperion

Even though no contract has been made public we can draw a conclusion from what *Amiga Inc* originally published as the spec for OS4 being was what Hyperion was contracted to complete. Therefore I imagine that because parts of that work have gone above and beyond what Amiga Inc contracted you to do then you have written/re-written parts beyond that original contract (e.g. ExecSG? New memory system? etc?). If you and your brother have written an "extra" in your own time then you certainly do own it, but how you get compensated for that is another matter...

Certainly if that is not the case legally then its clear that you have done a better job than anyone originally thought (ie a straight PPC port of 3.9 with a few updates).

Regardless - there is certainly alot to thank you all for, and I hope Amiga Inc can get behind you and stop wasting everyones time and money - ultimately it only makes things more expensive for us in the future!!!

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jkirk 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 11:13:15
#39 ]
Elite Member
Joined: 28-Jan-2005
Posts: 3349
From: Georgia (usa)

Quote:
That sounds pretty dead end to me. At least it could be in that senario.


not really. if they lost ExecSG they would just commission a new one or create it in house. the current situation is just a means to an end.


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AmiGame 
Re: Hyperion Entertainment Official Statement
Posted on 20-Sep-2006 11:23:41
#40 ]
Elite Member
Joined: 23-Mar-2004
Posts: 3599
From: Peterborough, UK, Planet Earth (I think...)

@Hyperion

Thanks for the update and clarifications !

Jerry


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