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Publications : Hyperion statement regarding Amiga. Inc dealings
Posted by Rigo on 2007/5/1 23:20:00 (2652 reads) News by the same author

Hyperion have released a small but covering statement regarding the ongoing situation with Amiga. Inc

You can view the source here http://www.hyperion-entertainment.biz:8080/news/2007-05-01

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.

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Author Thread
nbache
Published: 2007/5/1 23:19  Updated: 2007/5/1 23:19
Just can't stay away
Joined: 12/01/2006
From: Copenhagen, Denmark
Comments: 1118
 Re: Hyperion statement regarding Amiga. Inc dealings
Good show! There, that'll teach them.

Or something ...

Hmm.

So, uhhh ... who brought the popcorn?

Best regards,

Niels
Curty
Published: 2007/5/1 23:36  Updated: 2007/5/1 23:36
Just popping in
Joined: 11/26/2006
From: South Wales, UK
Comments: 206
 Re: Hyperion statement regarding Amiga. Inc dealings
You have my 100% backing,
behind you all the way.
bean
Published: 2007/5/1 23:45  Updated: 2007/5/1 23:45
Not too shy to talk
Joined: 11/26/2006
From:
Comments: 402
 Re: Hyperion statement regarding Amiga. Inc dealings
Hope it all works out!

All the best,
Bean.
nubechecorre
Published: 2007/5/1 23:50  Updated: 2007/5/1 23:50
Just can't stay away
Joined: 11/24/2006
From: Sanremo
Comments: 1816
 Re: Hyperion statement regarding Amiga. Inc dealings
Go Hyperion Go !
ssolie
Published: 2007/5/2 0:11  Updated: 2007/5/2 0:11
Amigans Defender
Joined: 11/26/2006
From: Canada
Comments: 986
 Re: Hyperion statement regarding Amiga. Inc dealings
I copied & pasted in the original text from the site for those too lazy to click on the link.
ikir
Published: 2007/5/2 6:56  Updated: 2007/5/2 6:56
Not too shy to talk
Joined: 11/27/2006
From: SYS:Prefs/
Comments: 374
 Re: Hyperion statement regarding Amiga. Inc dealings
Thanks for this clarification Hyperion, i'm with you.

Quote:
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)

I really hope Hyperion wins and these coupons can be used.
Raziel
Published: 2007/5/2 7:08  Updated: 2007/5/2 7:08
Home away from home
Joined: 11/26/2006
From: a dying planet
Comments: 3632
 Re: Hyperion statement regarding Amiga. Inc dealings
You have my full support, Hyperion...

...rip off Justicia's blindfold and show the world what Belgian buttocks are made off...

err...go, Hyperion, go
FuZion
Published: 2007/5/2 8:17  Updated: 2007/5/2 8:17
Just popping in
Joined: 11/26/2006
From: Birmingham, England
Comments: 86
 Re: Hyperion statement regarding Amiga. Inc dealings
It's good of you to keep us as informed as you can. I'm with you 100% Hyperion & I hope things work out good for you all after all the hard graft you've put in for AmigaOS.

FuZion.
amigacooke
Published: 2007/5/2 10:59  Updated: 2007/5/2 10:59
Just popping in
Joined: 12/05/2006
From: Surrey
Comments: 55
 Re: Hyperion statement regarding Amiga. Inc dealings
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.


I find this last paragraph worrying. It seems that both Amiga Inc and Hyperion VOF believe they have the right to block distribution. I fear the most likely outcome of this dispute is that Amiga OS 4.0 will never officially be launched anywhere.

Vicious in-fighting. What the 'Amiga community' does best.
derfs
Published: 2007/5/2 11:07  Updated: 2007/5/2 11:07
Just popping in
Joined: 11/27/2006
From: UK
Comments: 150
 Re: Hyperion statement regarding Amiga. Inc dealings
might as well use a mikey_c type quote

Quote:

Truth is a three-edged sword. One side is your truth, the other side is their truth, and the third side is the truth.


why bother having an excercise in futility by trying to even understand what all this is about? its a buyers market, and until something is being sold, its the same as it has been for the past decade
Jack
Published: 2007/5/2 11:07  Updated: 2007/5/2 11:07
Quite a regular
Joined: 11/27/2006
From: Israel
Comments: 932
 Re: Hyperion statement regarding Amiga. Inc dealings
Quote:
I fear the most likely outcome of this dispute is that Amiga OS 4.0 will never officially be launched anywhere.


Yup. We had the OS without hardware, now there's hardware and OS. One has no license the other probably has, but looks like can't be shipped with the OS.
I hope they'll work it out., if not in friendly way, but at least in constructive one.

Jack
Elwood
Published: 2007/5/2 11:37  Updated: 2007/5/2 11:37
Just can't stay away
Joined: 12/09/2006
From: Lyon, France
Comments: 1337
 Re: Hyperion statement regarding Amiga. Inc dealings
The people behind Amiga Inc should really stop and work with Hyperion instead.
They would win a lot of money. Why?
Because Hyperion made the impossible possible, to build an OS with only 2 full time developers.

And all the people behind them: developers, betatesters, translators are all ready to work on the future of AmigaOS.

All these people are a wonderful asset, the "people behind" should consider and work with.
ikir
Published: 2007/5/2 12:36  Updated: 2007/5/2 12:36
Not too shy to talk
Joined: 11/27/2006
From: SYS:Prefs/
Comments: 374
 Re: Hyperion statement regarding Amiga. Inc dealings
@Elwood

I totally agree
FihmpenRouk
Published: 2007/5/2 13:42  Updated: 2007/5/2 13:43
Just popping in
Joined: 12/03/2006
From: Sweden
Comments: 50
 Re: Hyperion statement regarding Amiga. Inc dealings
Hm, I will not comment this too much because I seem to see things that others here havn't. Well, well, that's how things are. :)

But do remember that the Friedens brothers has nothing to do with this (imo). It's about Hyperion.
LiveForIt
Published: 2007/5/2 17:18  Updated: 2007/5/2 17:18
Home away from home
Joined: 11/20/2006
From: Norway
Comments: 2768
 Re: Hyperion statement regarding Amiga. Inc dealings
@Elwood

Stop kidding your self there are more then 2 developers working on OS4, how wrote the AHI drivers DaveAE, how wrote the ATA driver sg2, how wrote the JIT emulator? How wrote Amiga Input? There have need many contributors to OS4.
salass00
Published: 2007/5/2 17:51  Updated: 2007/5/2 17:51
Just can't stay away
Joined: 11/30/2006
From: Finland
Comments: 1707
 Re: Hyperion statement regarding Amiga. Inc dealings
@LiveForIt

IIRC the Friedens have stated that there are around ~30 people working on OS4. How many of those are working full time on OS4 I have no idea.
JeffShepherd
Published: 2007/5/2 19:54  Updated: 2007/5/2 19:54
Just popping in
Joined: 03/01/2007
From:
Comments: 91
 Re: Hyperion statement regarding Amiga. Inc dealings
I just hope this can be bought to a swift conclusion one way or the other.
ikir
Published: 2007/5/2 20:58  Updated: 2007/5/2 20:58
Not too shy to talk
Joined: 11/27/2006
From: SYS:Prefs/
Comments: 374
 Re: Hyperion statement regarding Amiga. Inc dealings
@LiveForIt

30 part time afaik. 2 full time. OS4 is a miracle
Snuffy
Published: 2007/5/2 21:15  Updated: 2007/5/2 21:15
Just can't stay away
Joined: 12/06/2006
From: Michigan
Comments: 1027
 Re: Hyperion statement regarding Amiga. Inc dealings
Hi Elwood ,
All these people are a wonderful asset, the "people behind...."

Yes, the whole "OS4 Team." I'd like to see a list attached the official version of Amiga OS4.0

I feel that Hyperion did all work and AI is being cheap!
agafaster
Published: 2007/5/2 23:11  Updated: 2007/5/2 23:11
Just popping in
Joined: 12/05/2006
From: Wolverhampton, England
Comments: 227
 Re: Hyperion statement regarding Amiga. Inc dealings
Snuffy,

thats my impression too.
Helge
Published: 2007/5/3 0:41  Updated: 2007/5/3 0:41
Not too shy to talk
Joined: 12/15/2006
From:
Comments: 262
 Re: Hyperion statement regarding Amiga. Inc dealings
Quote:
Yes, the whole "OS4 Team." I'd like to see a list attached the official version of Amiga OS4.0


I also think that the developers are Hyperion's biggest asset. Something that Amiga Inc doesn't have and can't even take from them through a courtcase. Does Amiga Inc. have any OS-developers? I don't think so and OS5 looks like a joke so far!

Quote:
I feel that Hyperion did all work and AI is being cheap!


I am not sure yet about that, because Hyperion agreed to this contract. They knew that Amiga Inc can always buy everything back for $25,000, but they still entered it. Maybe it was foolish, everybody makes mistakes.
It is also difficult to say why they developed OS4 far beyond the specs of the contract. They knew that Amiga Inc can buy it back. I hope we will soon know more through the courtcase.
Jurassicc
Published: 2007/5/3 9:59  Updated: 2007/5/3 10:08
Not too shy to talk
Joined: 11/27/2006
From: Somerset, UK
Comments: 353
 Re: Hyperion statement regarding Amiga. Inc dealings
@Helge

Quote:

I am not sure yet about that, because Hyperion agreed to this contract. They knew that Amiga Inc can always buy everything back for $25,000, but they still entered it. Maybe it was foolish, everybody makes mistakes.


Only hyperion can answer that, but you have to remember that when the contract was signed the AmigaOne was going to be an add on board for the A1200 and A4000, manufactured by Escena, based on their never released brainstormer PPC Card.
Escena failed to deliver and Amiga are well aware of this fact and thats one thing they are trying to dispute, the fact that the AmigaOne is an Escena board and therefore never existed. See Below
Resized Image

OS4 when the contract was signed was going to be a port of 3.9 Exec to PPC and the rest would be 68K 3.1.
Bit by Bit it would be updated features added and ported to ppc and be released in stages as 4.1 then usb in 4.2 etc etc if you see what i'm saying.

Because the Original AmigaOne never existed in anything but an unfinished prototype the scope of OS4 had to change for the fully PPC standalone boards that became the Amiga One.

Amiga are trying to say that the XE, SE and Micros are not licensed hardware and hyperion have no license to develop OS4 for them. Amiga clearly know this is not the case and there is a wealth of evidence on the internet, showing Amiga's support and endorsement for them.
derfs
Published: 2007/5/3 13:30  Updated: 2007/5/3 13:30
Just popping in
Joined: 11/27/2006
From: UK
Comments: 150
 Re: Hyperion statement regarding Amiga. Inc dealings
@Jurassicc

they withdrew the licenses in december last year after no middle ground could be reached.
Snuffy
Published: 2007/5/3 20:15  Updated: 2007/5/3 20:15
Just can't stay away
Joined: 12/06/2006
From: Michigan
Comments: 1027
 Re: Hyperion statement regarding Amiga. Inc dealings
Helge,
I am not sure yet about that, because Hyperion agreed to this contract.

Ummm, they're all in court for breaches. I'm seeing AI breaches with Hyperion.

I feel that Hyperion did all work and AI is being cheap was based on the cash flow that Hyperion was NOT seeing!
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