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Internet News   Internet News : Official statement on litigation with Amiga Inc.
   posted by zerohero on 1-May-2007 22:06:45 (13521 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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NomadOfNorad 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:13:39
#1 ]
Cult Member
Joined: 2-Jun-2003
Posts: 746
From: Jacksonville, Florida, USA, Earth, Sol system, Milky Way galaxy

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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Amiboy 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:14:20
#2 ]
Super Member
Joined: 21-Dec-2003
Posts: 1036
From: At home (probably)

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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Colin_Camper 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:30:05
#3 ]
Super Member
Joined: 6-Jul-2003
Posts: 1188
From: Unknown

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.

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amipal 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:30:34
#4 ]
Super Member
Joined: 8-Apr-2003
Posts: 1899
From: Saltdean, East Sussex, UK

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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alx 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:40:21
#5 ]
Super Member
Joined: 7-Mar-2003
Posts: 1224
From: Midlands, UK

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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Tomas 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:40:43
#6 ]
Elite Member
Joined: 25-Jul-2003
Posts: 4286
From: Unknown

Thanks for letting us know your stance on the matter.

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MobbyG 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:41:00
#7 ]
Regular Member
Joined: 7-May-2003
Posts: 203
From: In the Hizzzeeww!

@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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Chris_Y 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:42:40
#8 ]
Elite Member
Joined: 21-Jun-2003
Posts: 3142
From: Beds, UK

@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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Akiko 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:44:33
#9 ]
Cult Member
Joined: 26-Mar-2004
Posts: 773
From: UK

Thank you Hyperion for the update, you have my appreciation and full support.


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Colin_Camper 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:48:05
#10 ]
Super Member
Joined: 6-Jul-2003
Posts: 1188
From: Unknown

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!

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raumfahre 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:48:59
#11 ]
Regular Member
Joined: 7-Jan-2005
Posts: 330
From: England

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.

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victim 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:49:08
#12 ]
Member
Joined: 8-May-2004
Posts: 53
From: Unknown

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

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nubechecorre 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:49:59
#13 ]
Cult Member
Joined: 21-Nov-2003
Posts: 890
From: San remo -Italy-

Hyperion don't give up ! Go Go !


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Colin_Camper 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:52:31
#14 ]
Super Member
Joined: 6-Jul-2003
Posts: 1188
From: Unknown

@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


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Naz 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 22:56:25
#15 ]
Regular Member
Joined: 10-Mar-2004
Posts: 262
From: Unknown

.... 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)

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ssolie 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 23:03:28
#16 ]
Elite Member
Joined: 10-Mar-2003
Posts: 2747
From: Alberta, Canada

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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ssolie 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 23:04:24
#17 ]
Elite Member
Joined: 10-Mar-2003
Posts: 2747
From: Alberta, Canada

@Naz
Quote:
(Time = money)

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


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AmigaCori 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 23:06:21
#18 ]
Member
Joined: 27-Apr-2006
Posts: 41
From: Cori - ITALY.

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

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

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NomadOfNorad 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 23:09:06
#19 ]
Cult Member
Joined: 2-Jun-2003
Posts: 746
From: Jacksonville, Florida, USA, Earth, Sol system, Milky Way galaxy

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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Naz 
Re: Official statement on litigation with Amiga Inc.
Posted on 1-May-2007 23:09:10
#20 ]
Regular Member
Joined: 10-Mar-2004
Posts: 262
From: Unknown

@ssolie

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

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