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hardware OS4   hardware OS4 : Hyperion and Amiga Inc. reach settlement
   posted by danwood on 17-Oct-2009 21:58:58 (33986 reads)
Hyperion Entertainment CVBA is pleased to announce that on September 30, 2009, it has reached a comprehensive settlement agreement with Amiga, Inc., Itec LLC and Amino Development Corporation, Inc., to bring all ongoing litigation and worldwide pending procedures between the parties to an end.

http://os4.hyperion-entertainment.biz/
    

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PosterThread
ne_one 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 18-Oct-2009 20:39:47
#81 ]
Cult Member
Joined: 13-Jun-2005
Posts: 879
From: Unknown

@HKvalhe

Quote:
I had the feeling that Hyperion would win with the law in the hands


But that's not the case... they settled out of court.

No one was declared a winner in this battle: Amiga appears to have thrown in the towel.

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ne_one 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 18-Oct-2009 20:46:04
#82 ]
Cult Member
Joined: 13-Jun-2005
Posts: 879
From: Unknown

@A1200

Quote:
If I were Amiga, I would have SOLD the whole shebang, lock, stock and barrel instead of keeping hold of the parts that don't mean a great deal


To who?

At this point it sounds like the Amiga IP doesn't have enough street cred to buy a cup of coffee otherwise the company would have divested of its assets to pay its corporate taxes.

Kudos to Hyperion if they lucked out and inherited the lot.

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DAX 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 18-Oct-2009 22:02:47
#83 ]
Elite Member
Joined: 30-Sep-2009
Posts: 2790
From: Italy

@itix
Quote:
Amiga did not lose the rights.....So Amino/Amiga/somebody owns the OS and Hyperion got an exclusive license to 3.1 and to NG developments.


I believe that from this post:

Quote:
@A1200 Quote: They must have financial difficulties or something Yes. Loss of Pentti Kouri was a blow. Then: Inception Group Real Estate LLC v. Amiga Inc did not help.


And post number 6 here:

http://amigaworld.net/modules/newbb/viewtopic.php?mode=viewtopic&topic_id=29781&forum=14&viewmode=flat&order=0

(and the linked PDF there)

we can clearly understand that the only action Ainc is capable of doing right now, is probably filing for bankruptcy...


_________________
SamFlex Complete 800Mhz System + AmigaOS 4.1 Update 4
Amiga 2000 DKB 2MB ChipRam GVP G-Force040 Picasso 2 OS3.9 BB2
AmigaCD 32

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itix 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 18-Oct-2009 22:09:58
#84 ]
Elite Member
Joined: 22-Dec-2004
Posts: 3398
From: Freedom world

@DAX

Quote:

we can clearly understand that the only action Ainc is capable of doing right now, is probably filing for bankruptcy...


If or when that happens their assets will be sold... heh, I guess Hyperion have taken that possibility into account this time

But who cares. Amiga is dead. Only AmigaOS, AROS and MorphOS are living.


_________________
Amiga Developer
Amiga 500, Efika, Mac Mini and PowerBook

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Troels 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 18-Oct-2009 23:01:05
#85 ]
Super Member
Joined: 8-Mar-2003
Posts: 1984
From: Unknown

Amiga (Inc) has been dead for a long long time only our small communities lives on.

I really would like the true story of what was going on in that company some day, did they really think they could be successful with the strategy they used or were they just used for some tricky business we never knew of?


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Crumb 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 18-Oct-2009 23:36:04
#86 ]
Elite Member
Joined: 12-Mar-2003
Posts: 2208
From: Zaragoza (Aragonian State)

@Georg

Sad to hear that. I expected a real change regarding Mac ports (powerbooks would still be interesting even if they did not release a Mac Mini port) but let's see what hardware do they plan to offer us. I hope it has altivec at least


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The only spanish amiga news web page/club: CUAZ

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Boot_WB 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 2:37:22
#87 ]
Super Member
Joined: 14-Feb-2006
Posts: 1134
From: Kingston upon Hull, UK

Quote:
Quote:
Quote:
I hope that they can release Moana now

Unlikely to happen, if they don't want to:

See here


@Goerg
Is m3x a representative of Acube or Hyperion? It's not a site I've visited before, so don't know who's who (and my Italian is limited!).

I'd suspected that the main reason that we had seen a port for SAM released, and not the Mac-Mini was the original 2001 contract definition of the "target hardware" as:

""Target-Hardware" means the PPC based hardware developed and marketed for the Amiga platform including but not limited to the hardware developed and marketed by Phase 5, DCE and the AmigaOne hardware developed by Escena under contract with the Amiga One Partners"

SAM was developed and marketed for the Amiga, Mac-mini wasn't.

I think this was the fine legal line which, until now, they had to walk. Times are hopefully a-changing, but we shall see!

[/supposition]

Last edited by Boot_WB on 19-Oct-2009 at 02:39 AM.


_________________
Troll - n., A disenfranchised former potential customer who remains interested enough to stay informed and express critical opinions.
opp., the vast majority who voted silently with their feet.

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sgm 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 9:02:22
#88 ]
Regular Member
Joined: 11-Mar-2003
Posts: 237
From: Madrid, Spain

@Boot_WB

m3x is one of the ACube founding partners.

@thread

I don't see any reference to PPC hardware exclusive licensing in the announcement. Could this (theoretically at least) open the door to other HW platforms (such as ARM)?


_________________
La fortuna cieca. La sfiga ci vede benissimo.

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HKvalhe 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 9:18:10
#89 ]
Regular Member
Joined: 2-Apr-2009
Posts: 483
From: Norway

Amiga Inc might have thrown in the towel as they might realize how much the violated the community. Whatever the outfall, this was to the advance for Hyperion Entertainment, and this is what i call true justice..

I would say Hyperion is the winner. They did the hard work, not Amiga Inc. Amiga Inc knew that, so it's just fair that Hyperion Entertainment got the winning hand..


_________________
Probably Pegasos 2 G4 1Ghz 1GB DDR-system, ATI Radeon 9250, ESI@Juli PCi-soundcard, all running
AmigaOS 4.1 with latest updates, or a new powerful
Amiga! Fingers crossed!

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HKvalhe 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 9:22:07
#90 ]
Regular Member
Joined: 2-Apr-2009
Posts: 483
From: Norway

@ All

Several of you should read this carefully again as why Hyperion Entertainment got
the winning hand here. No matter how much a settlement this is, this proves that
Hyperion now own ALL the rights to the WHOLE AmigaOS concept. Read on..

"Hyperion Entertainment CVBA and Amiga Inc. reach settlement

Brussels, Belgium – October 17, 2009

Hyperion Entertainment CVBA is pleased to announce that on September 30, 2009, it has reached a comprehensive settlement agreement with Amiga, Inc., Itec LLC and Amino Development Corporation, Inc., to bring all ongoing litigation and worldwide pending procedures between the parties to an end.

As part of the settlement agreement, the Amiga Parties acknowledge that Hyperion is the sole owner of AmigaOS 4 without prejudice to any third party rights.

Within the framework of the settlement agreement Hyperion is granted an exclusive, perpetual, worldwide right to AmigaOS 3.1 in order to use, develop, modify, commercialize, distribute and market AmigaOS 4.x (and subsequent versions of AmigaOS including without limitation AmigaOS 5) in any form, on any medium and for any current or future hardware platform under the exclusive trademark “AmigaOS” (Amiga operating system) and using other associated trademarks (such as the “BoingBall” logo).

Hyperion will continue development and distribution of AmigaOS 4.x (and beyond) as it has done since November of 2001.

We wish to thank our loyal customers who have supported us throughout the judicial procedures and especially the AmigaOS 4.x development team for their continued efforts and at the request of whom this official announcement was made.

As Hyperion Entertainment’s most ambitious project to date is drawing to a close in collaboration with our partners, we invite our current and prospective customers to watch this space for further updates on Hyperion’s continued efforts to revive the Amiga platform."


_________________
Probably Pegasos 2 G4 1Ghz 1GB DDR-system, ATI Radeon 9250, ESI@Juli PCi-soundcard, all running
AmigaOS 4.1 with latest updates, or a new powerful
Amiga! Fingers crossed!

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royleith 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 10:01:14
#91 ]
Cult Member
Joined: 31-Jul-2003
Posts: 765
From: UK

My reading of the PR announcement is that they have the rights to use it in perpetuity for AmigaOS, but that AInc. retain the copyright to AOS 1, 2 and 3. However, Hyperion could produce a 68k version of AOS4 that provides Workbench updates and licence that to minimig, et al. It is not clear to me whether Kickstarts 1, 2, and 3 would be covered. Perhaps they could produce a UBoot plus HDD based equivalent for 68k clones and classic machines. I'd buy that!

Regards
Roy Leith

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HiNMIty 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 10:54:57
#92 ]
Member
Joined: 24-Mar-2003
Posts: 18
From: Northern Lights Sweden

Great News! It forced me to login and reply in this thread :) Best news in a looong time. Unrestrained market strategies is key to free development of new ideas. Way to go! :)

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-Sam- 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 11:59:25
#93 ]
Elite Member
Joined: 18-Apr-2003
Posts: 3008
From: Yorkshire Dales, United Knigdom

Quote:
As part of the settlement agreement, the Amiga Parties acknowledge that Hyperion is the sole owner of AmigaOS 4 without prejudice to any third party rights.


Wow. I almost began to think the day would never come.

Hyperion won.

As if that wasn't monumentally good news in itself we get the next present:

Quote:
As Hyperion Entertainment’s most ambitious project to date is drawing to a close in collaboration with our partners, we invite our current and prospective customers to watch this space for further updates on Hyperion’s continued efforts to revive the Amiga platform.


Very pleased. Just a bit disappointed that after being an Amigan since 1988 and reading Amiga news almost every day since CUCUG's Web directory in 1994 that I managed to miss the day one of the biggest announcements in Amiga history was made!

Well done Hyperion for sticking with it - inspirational stuff.


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Sam

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-Sam- 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 12:01:06
#94 ]
Elite Member
Joined: 18-Apr-2003
Posts: 3008
From: Yorkshire Dales, United Knigdom

Does this mean Hyperion get Amiga.com?


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Sam

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-Sam- 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 12:03:27
#95 ]
Elite Member
Joined: 18-Apr-2003
Posts: 3008
From: Yorkshire Dales, United Knigdom

@Colin_Camper

Quote:
Yeeeehaw! and welcome to the year 2009!




Very good.


_________________
Sam

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walter 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 16:04:46
#96 ]
Member
Joined: 12-Apr-2004
Posts: 52
From: Takoma Park, MD, USA

The guns fall silent. Covered in mud, I drag myself up out of the trench,
and stagger about in no-man's land, wondering which way is home.

Good news, though.

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klx300r 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 16:22:29
#97 ]
Elite Member
Joined: 4-Mar-2008
Posts: 3522
From: Toronto, Canada

@ walter

ya believe it or not..THE WAR IS FINALLY OVER!!!! Peace throughout Amiga land AT LAST


_________________
____________________________
c64-2sids, A1000, A1200T-060@50(finally working!),A4000-CSMKIII
! My Master Miggies- Amiga 1000 & AmigaOne X1000 !
mancave-ramblings
X1000 I BELIEVE

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billt 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 16:30:35
#98 ]
Elite Member
Joined: 24-Oct-2003
Posts: 3144
From: Maryland, USA

Quote:
Amiga Inc might have thrown in the towel as they might realize how much the violated the community.


I don't believe that would be a reason for them to do anything. They either cannot afford to continue the fight, or Hyperion have found a way to make things worth it to AI.


_________________
All glory to the Hypnotoad!

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Colin_Camper 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 19:46:44
#99 ]
Super Member
Joined: 6-Jul-2003
Posts: 1188
From: Unknown

Indeedy!

It doesn't even seem that long ago......Dec 31st 1999

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elatour 
Re: Hyperion and Amiga Inc. reach settlement
Posted on 19-Oct-2009 21:12:36
#100 ]
Cult Member
Joined: 18-Jan-2005
Posts: 936
From: Toronto, Canada

About time both parties saw some reason and settled this spat!

By all accounts, it seems like AInc. has thrown in the towel regarding the use of the term "AmigaOS", which it has now exclusively licensed to Hyperion. This being said, this means that AInc. has pretty much transitionned fully into a brand and IP licensing company only, at least with regards to the use of the terms "Amiga" and "OS" in a future product name. I can't see how they could now release an AmigaOS 5 or anything with the words both "Amiga" and "OS" in the product name without infringing on it's agreement with Hyperion. I would imagine that any existing and/or future development activity resulting in a product being released, marketted and sold by AInc. would need to clearly distance intself from referring to itself as an operating system, or at the very least an Amiga operating system.

Last edited by elatour on 19-Oct-2009 at 09:12 PM.


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