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Amigans News : Hyperion Entertainment CVBA obtains key victory in US Federal Court
Posted by amig_os on 2023/4/2 0:43:10 (2334 reads) News by the same author
Amigans News

Hyperion Entertainment CVBA obtains key victory in US Federal Court

https://www.hyperion-entertainment.com/



--- Copy & Paste ---


Hyperion Entertainment CVBA obtains key victory in US Federal Court

Brussels – April 2, 2023

Hyperion Entertainment is pleased to announce it obtained a sweeping victory in the US District Court of the Western District of Washington at Seattle in the litigation brought against Hyperion by Cloanto Corporation and the Amiga Parties (Amiga Inc., Itec, LLC and Amino Development Corporation).

The Court dismissed all of the remaining claims in this proceeding filed by Cloanto Corporation and the Amiga Parties against Hyperion Entertainment and found entirely in favor of Hyperion Entertainment by granting Hyperion's Motion for Summary Judgment as to all counts.

The instant case was initiated against Hyperion Entertainment on December 14, 2017 (!) when plaintiff Cloanto Corporation (later joined by the Amiga Parties) filed suit against Hyperion in the U.S. District Court for the Northern District of New York alleging Hyperion exceeded the rights granted to it by the 2009 Settlement Agreement thereby resulting in copyright and trademark infringement.

Hyperion Entertainment wishes to thank all of the AmigaOS 3.x and 4.x development teams as well as our beta-testers for continuing their work during the many years of litigation.

During these many years Hyperion Entertainment was always keen to bring this litigation to a negotiated outcome and still, to this day, remains of the belief that an amicable resolution between the parties bringing all remaining litigation to a close, would be in the interest of the Amiga Community as a whole.

A copy of the Court’s order of March 30, 2023 can be found here:

https://docs.justia.com/cases/federal/ ... /2:2018cv00381/256770/141


--- End ---


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Author Thread
samo79
Published: 2023/4/2 1:21  Updated: 2023/4/2 1:21
Home away from home
Joined: 12/02/2006
From: Italy, Perugia
Comments: 3764
 Court’s decision
Let's hope it will be the light at the end of the tunnel ...
noXLar
Published: 2023/4/2 3:37  Updated: 2023/4/2 3:37
Not too shy to talk
Joined: 11/29/2011
From: Norway
Comments: 364
 Re: Court’s decision
good:)
mufa
Published: 2023/4/2 12:11  Updated: 2023/4/2 12:11
Not too shy to talk
Joined: 11/27/2006
From: Poland
Comments: 268
 Re: Hyperion Entertainment CVBA obtains key victory in US...
Super news

I hope that now that you don't have to pay lawyers you will find money to help AmigaOS develop faster.
joerg
Published: 2023/4/2 17:19  Updated: 2023/4/2 17:19
Just can't stay away
Joined: 12/01/2006
From: Germany
Comments: 1807
 Re: Court’s decision
@samo79
Quote:
Let's hope it will be the light at the end of the tunnel ...
Huh!? If Cloanto would have won a solution might have been possible, but of course not with Hyperion.
All Hyperion won are more lawsuits.
It least I hope Hyperion is stupid enough to continue using software from me without a licence, in which case I'll not only sue Hyperion and Olaf Barthel, but any dealer selling Hyperion's illegal AmigaOS 3.x and 4.x versions as well.
328gts
Published: 2023/4/2 17:24  Updated: 2023/4/2 17:31
Home away from home
Joined: 07/07/2009
From: Man Cave, Canada
Comments: 3034
 Re: Hyperion Entertainment CVBA obtains key victory in US...
Is this the cruelest April fool's joke we've ever seen Or is this FINALLY the END of the lawsuits
FirstNinja
Published: 2023/4/2 18:18  Updated: 2023/4/2 18:18
Just popping in
Joined: 07/04/2022
From: The EU 🇪🇺
Comments: 18
 Congratulations, Hyperion and everyone else!
This is potentially outstanding news not only for Hyperion, but for the Amiga platform, its developers and of course for its users. Congratulations, Hyperion!
mufa
Published: 2023/4/2 18:31  Updated: 2023/4/2 18:31
Not too shy to talk
Joined: 11/27/2006
From: Poland
Comments: 268
 Re: Court’s decision
Quote:
Huh!? If Cloanto would have won a solution might have been possible, but of course not with Hyperion.
All Hyperion won are more lawsuits.
It least I hope Hyperion is stupid enough to continue using software from me without a licence, in which case I'll not only sue Hyperion and Olaf Barthel, but any dealer selling Hyperion's illegal AmigaOS 3.x and 4.x versions as well.


Yes, your attitude towards Hyperion is known to everyone. I think that with such texts on amigaworld.net you could become a star, here not necessarily.
On the other hand, whether your hatred of Hyperion is more or less justified, it is good to speak only on your own behalf and not to stir others into your war.
In fact, Olaf Barhel, when the Roadshow stack was distributed on a shareware basis in the AmigaOS 3.x version, was offered by AmigaOS 4 beta testers to make new versions of Roadshow also payable in the AmigaOS 4 version as part of their support, but he firmly refused, claiming that his preference was for Roadshow for AmigaOS 4 to continue to be an integrated free part of the system.
So his attitude to Hyperion seems to be different from yours.
joerg
Published: 2023/4/2 20:06  Updated: 2023/4/2 20:06
Just can't stay away
Joined: 12/01/2006
From: Germany
Comments: 1807
 Re: Court’s decision
@mufa
Maybe you got something wrong, or maybe I wasn't clear enough because english isn't my native language.
I did't suggest olsen should sue Hyperion as well, I will sue olsen for his active involvement in Hyperion's illegal AmigaOS 3.1.x/3.2.x distributions.
yogi32
Published: 2023/4/3 0:56  Updated: 2023/4/3 0:56
Just popping in
Joined: 04/22/2007
From:
Comments: 23
 Re: Court’s decision
Hi Everyone,

Finally The End Is Here I Hope! Enough with the Hyperion - Colanto battle.

Colanto - license the old stuff out and make money - STOP WITH THE LAWSUITS ALREADY!

Hyperion - Work on AmigaOS and get AmigaOS out of beta on the AEON Machines.

Hopefully, we can all move forward now. And maybe I can get my A1222 Board with AmigaOS 4.1.

Yogi
kas1e
Published: 2023/4/3 6:27  Updated: 2023/4/3 6:33
Home away from home
Joined: 09/11/2007
From: Russia
Comments: 9033
 lawers
@joerg
As far as i aware, all your stuff were removed from OS4 already ? Except of course newlib, but this one was since probably completely overwritten ? At least SFS, JXFS, diskcache, AmiDVD, partition wizzard were surely removed since some versions already.

Anyway, you know in what world we live, even if you're right in some parts, and they do use some stuff from you without pay you, and even if you want to sue anyone for, you will have no won, because of needs for a lot of money, layers and time. Do you wish to spend a life on it ? Of course EU countries may pretend like they have “democracy”, and a “power of law”, in reality, everything is the same in all countries, be it Africa or EU/USA/CA/AU: who have a money and lawyers – won. Even if on TV they tried to show that everyone the same by rights, things still the same in the whole world.

So, if you want to spend a health, time, money, and nerves on all this, then why not :) Maybe instead of this, better to sold out remain parts of os4 which you still you have rights on to AEON then ?
328gts
Published: 2023/4/3 7:49  Updated: 2023/4/3 7:49
Home away from home
Joined: 07/07/2009
From: Man Cave, Canada
Comments: 3034
 Re: lawers
@ kas1e

agreed it’s time to move forward and joerg dealing with A-Eon makes the most sense.
mufa
Published: 2023/4/3 11:50  Updated: 2023/4/3 11:50
Not too shy to talk
Joined: 11/27/2006
From: Poland
Comments: 268
 Re: lawers
@ kas1e

You're right. Here's the best example:

My Real Grand Theft Auto Story
kas1e
Published: 2023/4/3 16:05  Updated: 2023/4/3 16:05
Home away from home
Joined: 09/11/2007
From: Russia
Comments: 9033
 Yeah..
@mufa
Yeah, classic story.. at least he wasnt killed and cover the money he loss, but still in end won nothing, but loose hairs, nerves and few years of life on toxic things. Only layers won in law suits..
geennaam
Published: 2023/4/4 15:01  Updated: 2023/4/4 15:35
Quite a regular
Joined: 12/06/2006
From: Beverland
Comments: 708
 Disturbing
@kas1e @mufa @328gts

I think it is disturbing that the general opinion seems to be that Hyperion should get away with allegedly not paying developers for their hard work for the greater good. That those developers that have allegedly been wronged "should move on" because their software have been removed in the final version. This sounds incredibly selfish.

I am not on any team. Because I have the firm believe that AmigaOS4 has no future in the hands of either party (one is not interested in OS4, the other has no funds). Nevertheless I am looking forward to the next chapter because the outcome of this lawsuit is disappointing. Basically a pyrrhic victory for Hyperion because they were sued by the wrong legal entity. No matter the amount of window dressing going on in the Hyperion press release.

Amiga Corporation vs Hyperion is already started. Maybe this lawsuit might finally answer the question to who hold the rights.
joerg
Published: 2023/4/4 17:58  Updated: 2023/4/4 17:58
Just can't stay away
Joined: 12/01/2006
From: Germany
Comments: 1807
 Re: Disturbing
@kas1e
If there is no other way to stop scum like Ben and Olaf to mess around with AmigaOS I'm willing to invest several 10k€ in lawyer and court costs, and any time required for it.

@geennaam
I don't know about the AmigaOS 4.x software of other former OS4 developers, at least some of them have final and irreversible procedures against Hyperion since years already, but despite explicit forbidden continued usage of my software for AmigaOS 4.1 FE and beyond it was not removed.
Some of my software may have been removed in much later 4.1 updates, but even in those versions not all of it (diskboot, CDFileSystem, ...), and the only reason for removing at least some of my software in those updates was probably that I added copy protection measurements in most of the them to make sure they stop working either after some time or after some version number updates...
kas1e
Published: 2023/4/5 6:11  Updated: 2023/4/5 6:13
Home away from home
Joined: 09/11/2007
From: Russia
Comments: 9033
 lawers
@geennaam
That bad yeah, but "such a live".. Joerg will won nothing, even if he will sue Ben and won "officialy", Ben will give a fuck about and continue doing what he doing :)

@joerg
Then you better start it instead of talking about, maybe you will be lucky to have after few years another pdf file :) keep repeating everywhete that Ben cheat you didnt add anything new: we know that many were cheated by Ben. Imho fill the forms, pay the lawers, and we will take some popcorn :)

Ps. Did i understand right, that remain not removed parts is disboot and cdfs ?
Mikey_C
Published: 2023/4/5 7:01  Updated: 2023/4/5 7:01
Amigans Defender
Joined: 11/19/2006
From: Cambridgeshire, UK.
Comments: 2142
 There's No need...
Guys. Please tone the language down, I can tell that feelings are running high, but there is no need to band words like scum on a friendly public forum. If you have a grievence with someone take it up with them personally.
trixie
Published: 2023/4/5 7:42  Updated: 2023/4/5 7:42
Amigans Defender
Joined: 05/01/2009
From: Czech Republic
Comments: 1604
Online!
 Re: Disturbing
@joerg

Out of curiosity: what exactly has Olaf Barthel done to have deserved such a bad label? Ben's part is well known but the Olsen story must have escaped me.
Templario
Published: 2023/4/7 10:11  Updated: 2023/4/7 10:11
Quite a regular
Joined: 03/28/2010
From: Palencia-Spain
Comments: 784
 Re: Court’s decision
@samo79
Yes, and we wait that now Hyperion doesn't start a new war against A-Eon and its Amiga Enchacer pack and future AmigaOS X.
trixie
Published: 2023/4/7 11:40  Updated: 2023/4/7 11:40
Amigans Defender
Joined: 05/01/2009
From: Czech Republic
Comments: 1604
Online!
 Re: Court’s decision
@Templario

Quote:
we wait that now Hyperion doesn't start a new war against A-Eon and its Amiga Enchacer pack

I don't think Ben will do that. AFAIK the Enhancer Pack doesn't contain anything owned by Hyperion, so what legal ground would Hyperion have to sue?

Quote:
future AmigaOS X.

A-EON isn't working on a "future AmigaOS X". Trevor doesn't want another AmigaOS4 to split the community further. The Enhancer team doesn't have enough manpower to create a new OS anyway. All that we'll see from them is an OS4 distribution that will, hopefully, save A-EON customers some trouble when installing AmigaOS4.
Hypex
Published: 2023/4/7 14:58  Updated: 2023/4/7 14:58
Not too shy to talk
Joined: 10/06/2022
From: Aussieland
Comments: 278
 Re: Disturbing
@joerg

Quote:
Some of my software may have been removed in much later 4.1 updates, but even in those versions not all of it (diskboot, CDFileSystem, ...), and the only reason for removing at least some of my software in those updates was probably that I added copy protection measurements in most of the them to make sure they stop working either after some time or after some version number updates...


When FE came out I made some comments that it had broken components as things like PartitionWizard didn't work. In fact I recall it didn't work on the X1000 at all for years. My comments that FE was broken were disputed but it's very simple; you run a program that simply doesn't load or work and it's broken. I thought this also explained why FE was cheaper since 4.1 before was around 3x as much and it all worked out of the box. After FE you then needed Enhancer to complete the OS or you get a crippled OS. I found, compared to my XE, that on my X1000 FE by itself was crippled and ran in slow res. My older OS4.1 was better out of the box running in high res.

Your software also had this rare quirk that it was all encrypted. I'd never seen this before and I got the impression the code was paranoid and now I see why. I was so intrigued I even posted a question to Stack Overflow about it and asking if an ELF could be compiled with encryption using compiler flags. Lol.

Unfortunately this type of thing has become an Amigaism. With OS3.5 the users were ripped off with the promise of an internet stack in the form of Miami but all we got was a demo we could have sourced ourselves! They made it up by including a jumped up AmiTCP in the form of Genesis with OS3.9 but with Miami the damage was done. Kruse had been ripped off by pirates, especially ones wanting the deluxe version, because a complicated version you don't need gives you bragging rights. Whatever the reason it failed in OS3.5 was the last straw. And for OS4.0 and beyond I always come across some OS4 software that was included but not paid in full for. Almost 20 years down the track, somehow OS4 is still going, and nothing has changed.
joerg
Published: 2023/4/8 20:03  Updated: 2023/4/8 20:03
Just can't stay away
Joined: 12/01/2006
From: Germany
Comments: 1807
 Re: Disturbing
@Hypex
Quote:
Your software also had this rare quirk that it was all encrypted. I'd never seen this before and I got the impression the code was paranoid and now I see why. I was so intrigued I even posted a question to Stack Overflow about it and asking if an ELF could be compiled with encryption using compiler flags. Lol.
Found it on Stack Overflow. Considering that they didn't have access to the binaries it's a very good analysis.

Correct:
- I'm using SFX executables, similar to UPX. That's why pirate copies of my software sold by Hyperion, for example AmiDVD, are only about half of the size of legal versions, for example the versions included in A-EON's Enhancer Software.
- I'm using symmetric encryption.

Wrong:
- It's no malware 😲
- The en-/decryption key isn't stored inside of the executable.
Hypex
Published: 2023/4/13 14:19  Updated: 2023/4/13 14:19
Not too shy to talk
Joined: 10/06/2022
From: Aussieland
Comments: 278
 Re: Disturbing
@joerg

Quote:
Found it on Stack Overflow. Considering that they didn't have access to the binaries it's a very good analysis.


Yes and as you would see I avoided specifics like OS4 and PPC. Didn't want to distract from the topic. When it comes to Amiga topics I try to generalise it if I can.

Quote:
Correct:
- I'm using SFX executables, similar to UPX. That's why pirate copies of my software sold by Hyperion, for example AmiDVD, are only about half of the size of legal versions, for example the versions included in A-EON's Enhancer Software. - I'm using symmetric encryption.


Ah, so similar to OctaMED, which used a patched StoneCracker binary. I thought AmiDVD was free because it was in OS4 contribs and on the depot once.

Quote:
Wrong:
- It's no malware 😲 - The en-/decryption key isn't stored inside of the executable.


Guess they weren't to know OS4 has little chance of malware.

I can hazard a guess where the key could be but good idea if it can be else where. Recently I was updating a Linux script that needed root which used zenity for a password dialog. I had been saving the password as clear text in a variable which I wasn't happy about even if there is little chance of anyone spying inside the shell. I had this idea to generate a random key and encrypt the password from the input so it was obfuscated and found OpenSSL could do all that. The problem was it was like changing the lock on a door and leaving the key near by in a meter box. If anyone viewed the source they could see how it was generated and undo it. So, since I already was sending the pass to sudo for root, I had this idea to send it immediately for verification and never store it. I found sudo had some options to check root status and password so simply sent it direct to check then didn't need to worry about storing it.
kolla
Published: 2023/4/18 22:23  Updated: 2023/4/18 22:23
Just popping in
Joined: 04/15/2007
From: Norway
Comments: 62
 Re: Disturbing
@Hypex

Why not configure sudo to do necessary command without prompting for password?
joerg
Published: 2023/4/19 20:39  Updated: 2023/4/19 20:51
Just can't stay away
Joined: 12/01/2006
From: Germany
Comments: 1807
 Re: Disturbing
@Hypex
Quote:
Guess they weren't to know OS4 has little chance of malware.
Why not? AmigaOS had that very early, more than 35 years ago already
Hypex
Published: 2023/11/14 6:28  Updated: 2023/11/14 6:28
Not too shy to talk
Joined: 10/06/2022
From: Aussieland
Comments: 278
 Re: Disturbing
@kolla

Because the script is installed as a package. I could possibly change script permission with root access from the installer but that would be violating the install process. But mostly because it's meant to act like other standard applications that ask for root password before performing a root operation.
Hypex
Published: 2023/11/14 6:30  Updated: 2023/11/14 6:31
Not too shy to talk
Joined: 10/06/2022
From: Aussieland
Comments: 278
 Re: Disturbing
@joerg

Quote:
Why not?


Because the likelihood of an OS4 native virus is even more rare.

I've wanted to do a 68K virus scan of OS4. But VirusExecutor breaks and cannot open the library. Because the emulator in OS4 has always been broken I cannot run it through MonAM to find out why.
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