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Re: Access Denied: Amiga Inc loses first stage
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Not too shy to talk


@ChrisH

Quote:

ChrisH wrote:
@Mitch
Cool, that Hyperion can go ahead with OS4 hadn't occured to me :)))))))))))


How do you mean, "go ahead"? They can keep coding for OS4, yes, but do you think they will soon release it for SAM?
Will they even risk to release the CyberstormPPC version?
Some months ago, there was a lot of talk about it. ACube and Rogue talked about the packaging of the Classic version and about the release of OS4 final for AmigaOne owners.

But time passed, the lawsuit came and we haven't heard anything about it anymore.
If it's really on-hold because of the lawsuit, then we can't expect anything this year anymore.

Quote:
But what does this mean to Amiga Inc's plans (if they are true) to bring out OS4 on ACK's hardware?...


After all that has happened, I seriously doubt that will ever happen. If there is any truth in the ACK announcements, then they don't even require ACube anymore. But I don't belive any of Amiga Incs plans will ever come to fruition.

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Re: Access Denied: Amiga Inc loses first stage
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Not too shy to talk


@GregS

Quote:
If the new owners of Tao are the backers of AI, this could become something critical.


What is the basis of this thought? Only because they had a deal some time ago?

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Re: More on the court case
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Not too shy to talk


@thread

The court document can be downloaded from the merlancia.us website.

court document

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Re: More on the court case
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Not too shy to talk


@Mitch

To me this looks like the court case might take much loooonger than some have expected. Especially peoples like Tigger who thoughts that everything is clearly in favour of Amiga Inc. It is not.

The whole court case looks more misty than ever and I am not sure how some topics are ever to be resolved if both parties don't come to an agreement outside the court. I don't expect this to happen. Once you have unleashed the attornies and lawyers, there is hardly a way back.

I don't believe that there will be any hardware for OS4 in this year.

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Re: More on the court case
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Not too shy to talk


@PEB

Quote:

PEB wrote:

But do you really think that Amiga Inc. will continue to develop and enhance OS4?


I don't think there is any realistic chance for OS4 to be developed further when Amiga Inc wins the lawsuit. Just ook on the forums and at the opinions of the developer team. Most of them would not partner with Amiga Inc.
If they get the sources, even the ones from the Friedens (I dont believe they have rights to it!), then OS4 would still look like Swiss cheese.
It would take years to get it complete again and bring it to the unexistent market...

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Re: The importance of SAM and ACK
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Not too shy to talk


@Mitch

Quote:

Mitch wrote:
@GregS

I agree that it needs to be released on ACUBE. I have my own opinions about the ACK thing that I probably should keep to myself.


We are in the too hot too handle forum, so don't mind stating opinions, even if they are negative! My opinion about the ACK thing is that it was announced, but at that time it was maybe only a concept. No doubt Amiga Inc required a positive announcement in view of the lawsuit. Otherwise a judge could easily get the impression that they are blocking OS4 to be released, don't really need it. With the announcement the can say "hey, we have this great hardware and now we want the OS that we paid for!" I have never seen anything, not even a photo from Adam Kowalczyk, so the only possibility is maybe that he buys some evaluation boards from Freescale.
Amiga Inc also made the announcement to calm down the peoples who were critical about them and said they want to kill AmigaOS. But this only worked out to a very limited extent.

But I agree with you, I also want OS4 on ACUBE the most of all options! But is there any chance for it to happen if Amiga Inc wins the lawsuit? Amiga Inc might feel that they betrayed them by collaborating with Hyperion without their consent. Amiga Inc also doesnt agree that they plan to release OS4 for the CyberstormPPC.

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Re: The importance of SAM and ACK
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Not too shy to talk


@GregS

Quote:

GregS wrote:
I make no bones about the fact that OS5 developments and hence getting their hands on OS4 code is personally very important to me.


Didn't Mr McEwen say that AmigaphantasyOS5 will not be based on OS4? I am sure he said that it will be a completely new development.
If they would have done anything substantial for OS5, why would they still want OS4?
I am curious to hear a name of a single programmer who is supposedly working on OS5. Do you know any?

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Re: Hyperions Gloves are off
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Not too shy to talk


@JeffShepherd

Quote:

JeffShepherd wrote:
@Helge
Thing is, this is turning into another battle between members which will only be resolved in the courts and not in a forum.


I don't see a battle here. Yes, there are some people who are supporting Amiga, Inc and others who are supporting Hyperion, but I see no problem when they are exchanging opinions and there is no fighting.
Everybody knows that only the court is able to resolve it. Whater that means...resolve it...

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Re: Hyperions Gloves are off
Not too shy to talk
Not too shy to talk


@Billsey

What do you mean, let this thread go? The lawsuit is a great happening for all armchair lawyers.
It's an opportunity to voice an opinion on it. Of course everybody might be wrong in the end.
But at the moment, I don't believe even the judges know what to think about it, because they are still trying to sort out this whole mess.
And it's a big mess and has a huge impact on the future of OS4. So why not talk about it, even if we are just armchair experts?

@Raziel

LOL! Are these Hyperion's or Amiga, Inc's gloves?

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Re: High end Amiga specs posted
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Not too shy to talk


I agree with Ikir, ACube is the only hardware company in Amiga business that has NOT disappointed in the last years. They have kept their promises and only made announcements they were confident to achieve.
ACK is the contrary of that because he has ALWAYS failed to deliver! I also have read a lot of reports from peoples who complained about his business behavior. If he has no time to pay business partners or send back motherboards, how will that improve in the future when he is even more busy with the new hardwares? How will he do the support?
I have much more confidence in ACube.

Unfortunately I think it is unlikely that OS4 will ever run on SAM. Even IF Hyperion succeeds in the lawsuit, it will not automatically mean they can use OS4 for everything they want.
There will be no winner of the lawsuit. We all loose.

@Troels

Quote:
As I see it now if when Amiga Inc wins the courtcase it will take a long long time (or cost a lot of money!) before they get OS4 up to the level where it is now. As they will clearly not get all sources.


I agree, this will be a BIG problem in the future. The next problem will be that ACK fails again with their promises and only produces vaporware.
And there already IS hardware that can run OS4, we wouldn't have to wait for ACK if it wasn't for this stupid lawsuit!

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Re: High end Amiga specs posted
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Not too shy to talk


@Fransexy

Quote:

Fransexy wrote:
@afxgroup

Quote:

afxgroup wrote:


Why?


Because many peoples prefer hardware that exists (SAM) instead of vapourware (ACK).

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Re: Hyperion VOF Sued by Amiga Inc
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Not too shy to talk


@ssolie

Quote:

ssolie wrote:

There will be plenty of dirt dug up during this lawsuit. There will be all sorts of accusations and finger pointing. Just look at the Hyperion volley with the jab about the Club Amiga discounts for example. Hyperion took the opportunity to take a cheap stab at Amiga Inc. in public to try and manipulate us into supporting their side of the disagreement. Amiga Inc. seems to be retaliating with product announcements. All of this is designed to manipulate our behaviour. Now you can let a corporation push you around and change your behaviour (i.e. go grazy) or you can stand up to them and make up your own mind. It is up to you really.

Each side in the disagreement will be trying to get our public support. I say let them both suffer. Their management let themselves get into this situation. They all failed to do their job and now they want us to help them? No way. They failed us and they don't deserve our help in my opinion. So call us when you have a product to sell or shut up is what I'd say to both Hyperion and Amiga Inc. at this point in time. They are not worth going crazy over.


I think you are very right with this, therefore please excuse if I quoted it all again. The companies are clearly trying to get our support with these announcements and to make us wave their flags. Amiga Inc were silent for a long time and now they are like on speed. What happened? Who would have ever thought they cared about the voucher thing?

But what I ask myself is this: What does it help them during the lawsuit if many peoples support their opinion or sides? The lawyers will look at the contracts and not which side has most peoples support them.
Ok, Amiga Inc announced they want to honour the vouchers after Hyperion has dug out the dirt about it. But why does Amiga Inc announce hardware that does not exist? How does it help them?

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Re: An Alternative Proposal to Amiga inc and Hyperion.
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Not too shy to talk


@Mikey_C

It is a good idea to have an integrated hardware and software department under one roof.
That's why I think it makes a lot of sense when Hyperion becomes a subsidiary of Amiga Inc.

Another thought: Think of the money that Amiga Inc and Hyperion spend on the lawsuit. Think of what could be done with this money instead: employing hardware developers, paying OS-developers, software developers, etc
It's a pitty!

Also think of this: How much money does Amiga Inc spend on the lawsuit and how much would they have to pay to buy out Hyperion VOF?
Hyperion can't be worth much, they are a one or two peoples company with not much assets. The thing what is probably worth the most are their software licenses and the contacts to the external developers.
Wouldn't it be much better for Amiga Inc to spend the money to buy out Hyperion?
Everything under one roof? Without Hyperion, there won't be much progress in OS4 anymore.

Note that all of this requires that Amiga Inc investors have interest in OS4. If they don't, it's all pointless...

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Re: Hyperion VOF Sued by Amiga Inc
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Not too shy to talk


@Atheist

I think it's not a good idea to react like this at this point. You are yelling a lot and every word is written different, sometimes bold, capital or italic. Very hard to read and it doesn't make it easier to understand your point.

Have you even bothered to read the court documents before coming to your conclusions? It's all much more complicated than you seem to think! A big mess.

I am sure that Hyperion will respond soon and make counter-claims. The situation will look different again. Think about it. But only watch it, if it doesn't raise your blood-pressure too much, because that's not healthy! Otherwise better do something productive with your computer, if you can't program, maybe you can paint some icons for us?

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Re: Hyperion VOF Sued by Amiga Inc
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Not too shy to talk


@Billsey

Quote:

Billsey wrote:
Since we have two diametrically opposed versions of reality someone is clearly smoking something they shouldn't be.


If they both had the same version of reality there would be no lawsuit! They could sit together and smoke a peace-pipe with some funny stuffs in it.
But in Amiga world, the only business seems to stem from lawsuits, there is rarely good cooperation between the companies. SIGH...

I have been very surprised by the following statement:

"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)."

I don't see how this can be true from the stuffs that is only written in the contract. In the contract the "buy in" or "buy back" clause relates to OS4.0.
Or does Hyperion have another version of the contract that we don't know of yet?

Is Amiga Inc allowed to stop Hyperion and ACube from selling OS4 with a restraining order?

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Re: Hyperion VOF Sued by Amiga Inc
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Not too shy to talk


@tonyw

Quote:
Wait until we read the response by the defendant. It may put a very different light on the timeline.


I am sure they will try to twist the release date of OS4. They will claim that they have released OS4 in 2003, although it was only a developer prerelease! Not very convincing.
The final update was also a strange name and everybody was surprised when they announced to do another version with packaging.

Can somebody tell me why Hyperion agreed to the OS4 contract? With the buyback clause, there was too much risk! How could they agree to it?
I can only think that they thought Amiga Inc would go bancrupt when they were very poor in 2002 and 2003. Everything else doesn't make sense.

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Re: Hyperion VOF Sued by Amiga Inc
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Not too shy to talk


@Dirk-B

Quote:

Dirk-B wrote:
There is one thing i do not understand. If Amiga Inc. has so
much money why can they not give Hyperion (+ the OS4-team)
some extra money for the extra work that is done?


Because they don't need to. This is no charity business. Hyperion should better ask themselves why they have continued to develop it, although they knew that Amiga Inc had the option to buy it back for $25000. They took this risk, but now they shouldn't be surprised about the outcome.

Why did they add these features? In the contract they were asked to do much less features! The more features they develop, the more likely it is that Amiga Inc sees OS4 as attractive and buys it back. Why did Hyperion take such big risks in the first place?
I think Hermans was gambling and hoped that Amiga Inc goes bancrupt. They had only very little money when OS4 was started, but this has changed a lot!

Quote:
How much would OS4 be worth by now?


It doesn't matter. It only matters what the contract says.

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Re: Hyperion VOF Sued by Amiga Inc
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Not too shy to talk


This is very very bad news.
But maybe it's good that this mess will finally get solved. Very sad that they were not able to negotiate and now a judge has to settle it.
Usually a court case means that everything is frozen and the companies are not able to move forward a lot. Court cases can take a loooong time.

What does this mean for ACube and the OS4-distribution? Do you think they will still sell OS4 for Cyberstorm cards? Or will they be too afraid of another court case from Amiga Inc?

Hyperion and ACube are both very small companies, I don't think they can afford good lawyers.

My prediction is that Hyperion looses this battle. Maybe they will even give up earlier, which is cheaper for them. ACube will possibly quit from the Amiga market, very sad, but there is money and hope in the Linux market for them. Amiga Inc and ACK will not release any hardwares soon. Their hardwares is not ready at all, but they announced something to make a good impression on the lawyers.

When Amiga Inc first announced new hardwares, I said that it looks very fishy because Hyperion is not mentioned. Others said that there is no Amiga Inc vs. Hyperion situation, some peoples even said everything about a battle between them was FUD. They were proven wrong unfortunately.

I have a very bad feeling about the future of OS4, but I have not yet decided to quit. There is still a tiny bit of hope left. Maybe I do something else, come back end of 2008 and then there is some new hardwares.

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Re: New hardware from Amiga.inc
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Not too shy to talk


@Jurassicc

Quote:

Jurassicc wrote:
But if Amiga have there own hardware, why do they have to give out licences to Troika or Acube.

This could be the first steps to taking it all "back in house"

In the press release it Amiga that says they will be working with the retailers, not ACK working with the retailers.


But this will mean that Hyperion is out of the running, right? It would make sense, because they are not named in the press release. If ACK has the source code of OS4, he can make the changes himself to make it run on his hardware and then give the OS to Amiga Inc. and they could produce the CD-ROMs.
But OTOH ACube have announced that they are the world-wide distributor of OS4. So there is a conflict in your theory or not?

I am not sure what it would mean to the future of OS4 if Hyperion is out of the running and it is all transferred to Amiga Inc. Nothing too good I think... :-/

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Re: New hardware from Amiga.inc
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Not too shy to talk


@number6

Quote:

number6 wrote:
@Helge

Quote:
I don't think that Amiga Inc has access to OS4,

Adam (ACK) does.

#6


I have a very unpleasant feeling about this. Or is it just me?

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