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Internet News   Internet News : Official statement on litigation with Amiga Inc.
   posted by zerohero on 1-May-2007 23:06:45 (15013 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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PosterThread
T_Bone 
Re: Official statement on litigation with Amiga Inc.
Posted on 2-May-2007 19:24:57
#81 ]
Elite Member
Joined: 11-Sep-2003
Posts: 3043
From: here To: there

@Glittering

> Everyone who wanted to run os4
> would be already doing so, if it was not for hyperions slimy,deceitful antics.

Right, because Amiga Inc already had OS4 almost completed in-house at that time "Only two weeks behind schedule" "on schedule and rockin"

You believe this?


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Bamiga2002 
Re: Official statement on litigation with Amiga Inc.
Posted on 2-May-2007 22:20:48
#82 ]
Member
Joined: 28-Mar-2006
Posts: 97
From: Finland

LOL! What suckers they are indeed. Way to go, keep it up and "only two more weeks"!

Thanks alot!


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Amiga - still alive & kickin'!

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Ferry 
Re: Official statement on litigation with Amiga Inc.
Posted on 2-May-2007 23:02:34
#83 ]
Cult Member
Joined: 26-Aug-2003
Posts: 696
From: Valencia, Spain

@glittering

Fleecy, is that you?

Saluditos,

Ferrán.


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Amiga user since 1988
AOS4 Betatester
Member of ATO Spain
A1 Cfg
OS4 SCR
A1200

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Ferry 
Re: Official statement on litigation with Amiga Inc.
Posted on 2-May-2007 23:23:11
#84 ]
Cult Member
Joined: 26-Aug-2003
Posts: 696
From: Valencia, Spain

Quote:
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.


It may just be a case of this being written by someone who isn't a native English speaker, but the tone of this paragraph is very strange. If someone is proposing to widely distribute software that you own (or believe you own) you do not just say they do it 'at their own risk'.

That's the kind of phrase that's used when you disapprove, but can't do anything to stop what's going to happen. It seems like an incredibly weak response to Amiga Inc's very bold and blatant (if you accept Hyperion's OS4 ownership) statements.


Well, it could be taken as a covered message to Ack: "Amiga Inc does not have the right to distribute OS4, so do not include it with your machines without asking us first, even if you have an agreement with them, or you'll face the consequences". Just a guess, though.

Saluditos,

Ferrán.


_________________
Amiga user since 1988
AOS4 Betatester
Member of ATO Spain
A1 Cfg
OS4 SCR
A1200

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asymetrix 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 1:15:25
#85 ]
Cult Member
Joined: 9-Mar-2003
Posts: 868
From: United Kingdom

'we would like to reassure our customers' - our customers ?

Hyperion has no customers Amiga Inc has, Hyperion is a subcontractor to port Amiga OS 3.x to PPC hardware called Amiga OS 4.0 and return code to Amiga Inc.

It is not rocket science.

Any licence issues in the development of Amiga OS 4.0 is Hyperions responsibility, sub contract or not - up to you. Just make sure all your developers / subcontractors know its NOT YOUR CODE nor Hyperions code before you start.

If I hired someone to repair my house, I go on holiday to come back that is not my own - how can this be ?


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Zorro 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 9:32:26
#86 ]
Super Member
Joined: 30-Apr-2003
Posts: 1081
From: Italy

Quote:
...resolve the outstanding issues (including the “Party Pack” and “I am Amiga Club” voucher schemes...




Someone WANT to resolve the “Party Pack” and “I am Amiga Club” voucher issues... I can't believe it !!!


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-------------------------------
AmigaOS, the last hope...

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Amigo1 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 10:40:31
#87 ]
Super Member
Joined: 24-Jun-2004
Posts: 1582
From: the Clouds

Even if we do not know what was going on behind the scenes all this time (well I do not know),
I'm more inclinated to believe Hyperion.
They did OS4, they where there to listen to the community a way more than amigainc did.
AFAIR on the website which was online untill 4 week ago, amigainc let one understand that
they where focused on Amiga-Anywhere/-DE (at least this was what I read out of it not beeing a native
english speaker) and more I had the impression they even wanted to disassociate from the desktop OS AKA OS4.

Amiga Inc gave me the impression that they think they do not need the community anymore since it being to small
and not focused on AA/DE -let pass the supposed insults they let out of us beeing a "bunch of crackpots"-
And finally to think that fundamentally when they supposingly where going to deliver a new product, a new market and
community will arise. (which isn't that far from reality, isn't it?).

As for Hyperion (@glittering) trying to pilfer 20k$, it more looks to me (mmh, ok probably I didn't follow the intire
discussion that was going on then) they where pointing out that a porting for x86 or whethever device would cost money
and can't be done working with an empty stomach.

anyway:

@Hyperion

I'm with you!

Let's hope this nice piece of software is not going to be suppressed due to the
crazyness of this consumers-society of mankind

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Amigo1 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 10:44:37
#88 ]
Super Member
Joined: 24-Jun-2004
Posts: 1582
From: the Clouds

@T_bone
Quote:

Poster: T_Bone Date: 2-May-2007 20:24:57

@Glittering

> Everyone who wanted to run os4
> would be already doing so, if it was not for hyperions slimy,deceitful antics.

Right, because Amiga Inc already had OS4 almost completed in-house at that time "Only two weeks behind schedule" "on schedule and rockin"

You believe this?


I for shure don't!!

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AmiDog 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 14:57:03
#89 ]
Cult Member
Joined: 1-Jun-2004
Posts: 917
From: Kumla, Sweden

@asymetrix

Quote:
Any licence issues in the development of Amiga OS 4.0 is Hyperions responsibility, sub contract or not - up to you. Just make sure all your developers / subcontractors know its NOT YOUR CODE nor Hyperions code before you start.

That doesn't make any sense what so ever.

It's common practice to license complete or parts of components from third party developers. Even Microsoft does it with Windows. It has been done in the past by Amiga too, take narrator.device as an example, nothing new here.

So, Hyperion probably have a binary and/or source license for everything non-OS3.1 based like the ExecNG, IDE drivers, Warp3D, USB drivers, P96, AHI, IB2.4 and whatever. Nothing strange about that, and obviously Amiga Inc doesn't have any rights to the sources for those components. Atleast in a sane world with a sane legal system they don't....

Amiga Inc could ofcourse license the components on their own, assuming the copyrightholders want to grant Amiga Inc a license.

However, I assume Amiga Inc could ask for the sources for any components which are based on OS3.1, like intuition for example.

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Kronos 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 15:10:30
#90 ]
Elite Member
Joined: 8-Mar-2003
Posts: 2561
From: Unknown

@AmiDog

The question is wether "outsourcing" essential parts of the OS (like ExecSG) without a transferable source-licence isn't itself a breach of contract.

Sure AInc can't force the Frieden to handover sources, but they maybe able to sue Hyperion even further for not doing it (and it doesn't matter wether it's "don't want" or "can't").


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JackAttack 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 17:06:46
#91 ]
Member
Joined: 26-Sep-2006
Posts: 29
From: The Board Room

@glittering

Any assumtions Hyperion has been trying to make money on developing OS4 are based on a complete ignorance of the costs involved in software development. If you want to continue your accusations, you've better find a motive.


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dan.hutch 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 17:44:15
#92 ]
Cult Member
Joined: 30-Dec-2004
Posts: 530
From: United Kingdom

Good luck Hyperion, I hope things work out well for you guys.

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billt 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 18:20:00
#93 ]
Elite Member
Joined: 24-Oct-2003
Posts: 3205
From: Maryland, USA

Quote:
If Amiga Inc. wins in court, there is only one thing left that can save our favorite OS: Someone has to buy Amiga Inc.


I've felt that way for a while. Ever since the "Amiga Inc. ignores license inquirers" conspiracy became public. I was happy like crazy when KMOS bought AmigaOS. That went away when KMOS turned out to be identical in every way to who they bought AmigaOS from.


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All glory to the Hypnotoad!

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billt 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 18:27:36
#94 ]
Elite Member
Joined: 24-Oct-2003
Posts: 3205
From: Maryland, USA

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.

It may just be a case of this being written by someone who isn't a native English speaker, but the tone of this paragraph is very strange. If someone is proposing to widely distribute software that you own (or believe you own) you do not just say they do it 'at their own risk'.


My take on it is a warning to not sell OS4 packaged with Amiga/ACK boards, or any other hardware or standalone versions if Amiga Inc. wins this. Anyone doing so risks being sued by Hyperion for copyright infringment. Even if Amiga Inc. wins this. But probably mostly a warning to minimize ACK sales that might potentially happen before the lawsuit ends.


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All glory to the Hypnotoad!

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billt 
Re: Official statement on litigation with Amiga Inc.
Posted on 3-May-2007 18:32:12
#95 ]
Elite Member
Joined: 24-Oct-2003
Posts: 3205
From: Maryland, USA

Quote:
According to the contract, only the Escena boards were AmigaOnes. Because they never went on sale and the replacement did not have a A1200/A4000 connection for custom chips compatibility, Hyperion were required to do more work than envisaged when the contract was signed.


Might have been better for all of us if the failure of Escena's design lead to a closure of the OEM contract in dispute today, and a new contract was negotiated with the additional work taken into consideration that would have been more fair to all involved for what OS4 has actually become.


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All glory to the Hypnotoad!

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Martini 
Re: Official statement on litigation with Amiga Inc.
Posted on 4-May-2007 6:46:28
#96 ]
Member
Joined: 22-Mar-2007
Posts: 22
From: Unknown

whaaaaaa ? are you stupid or something ? Amiga inc are loaded with money
we didn't know that before they bought that indian company.. and some sport stadium in the US.. you know, most ppl did think that they had only like 50$ to delevop4 ..DiscreetFX on the otherhand .. beeeeeeeeeeeh.

amiga inc has payed hyperion hundreds of thousands of dollars ...

I THINK THAT, THAT SHOWS THAT THEY WANT'T TO KEEP THE OS ALIVE.. SO screw
hyperion, Ainc can get better coders for OS4 .. and i want out of this hyperion "JAIL House?"

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Sneaky 
Re: Official statement on litigation with Amiga Inc.
Posted on 4-May-2007 11:50:53
#97 ]
Regular Member
Joined: 24-Apr-2007
Posts: 134
From: Franconia/Bavaria/Germany

Quote:
amiga inc has payed hyperion hundreds of thousands of dollars ...


Where do you think you found that info?

All that can be read in the "Agreement" is, that there was absolutly no payment for Hyperion developing AmigaOS 4.
And even when you would count the 22250 $ as general payment for the development, they state as payed for the regain of control over the intelctual property (what they are not, in fact), thats not even close to your claimed "hundreds of thousands".

So please: stick to the facts.

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RC 
Re: Official statement on litigation with Amiga Inc.
Posted on 4-May-2007 16:22:22
#98 ]
Member
Joined: 10-May-2003
Posts: 81
From: Colorado Springs, CO USA

I suspect that was a sarcastic rant.

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billt 
Re: Official statement on litigation with Amiga Inc.
Posted on 4-May-2007 20:34:41
#99 ]
Elite Member
Joined: 24-Oct-2003
Posts: 3205
From: Maryland, USA

Quote:
amiga inc has payed hyperion hundreds of thousands of dollars ...


Huh? Not even Amiga Inc. makes that claim... If they had, surely the court filing would have said so.


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mbilla 
Re: Official statement on litigation with Amiga Inc.
Posted on 4-May-2007 23:37:58
#100 ]
Super Member
Joined: 25-May-2003
Posts: 1369
From: EU

It's really a sad day for Amiga!

I don't know what to think of this whole nonsense!

As I stated in another thread already: I really hate this IP lawyers b u l l s h i t.
Today the whole world reacts like that! It's just crazy!

The only thing I know is that without Hyperion I wouldn't type this on my Amiga One G4XE under OS4 and without Eyetech I wouldn't even own an Aone.

I really don't see Amiga Inc in any relation to this.

And if AOS4 has features only available for 4.1 and up is even better I had to wait long enough!

Amiga Inc is only a name with a buch of dreamers who do sell applications for products that aren't related to Amiga.

The only reason I still have my AOne is because of PageStream!
I'm waiting for OS X (Mac) version after that I'm completely away from Amiga!

After 20 years of happy Amiga computing life must go on!


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