Hyperion VOF Sued by Amiga Inc

@Chris

Quote:

Looking at some of the PDFs on the link Mickey_C gave
Hyperion signed agreed on the 3rd of November 2001 and were expected to get it done before the 1st of march 2002 (4 months) someone was having a laugh

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

@Billsey

Quote:

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?

@Helge

Or does Hyperion have another version of the contract that we don't know of yet?

It a legal contract betweem two parties, there are no versions. There are 'interpretations'
of contracts, but that's done in a court of law and by a judge.

Amiga Inc claims Hyperion breached the contract with the ACube deal; i.e., it stepped
outside the AmigaOne domain of limit.

It's sad to see Hyperion being victimized by AI. Yes, really that's what I see.
I hope Hyperion can claim AmigaInc also was negligent
of it's duties.

(cross posting a comment I wrote almost a day ago now)

THIS IS OUTRAGEOUS!!!!!!!


Quote:

I've read plenty on Moobunny that has sent my blood pressure through the roof, but this comment is PURE insanity! (At least that's my opinion from all that I've read on the message boards. As of 12 hours ago, can't catch up yet except for some threads.)

Hyperion EXPLOITED AOS4.x???? Just HOW could they DO that????? Where could they possibly sell it without Amiga Inc. having gotten a share of the royalties?? Amiga Inc. is trying to "re-establish itself as a leader in the computing world..."????

Has anyone, anywhere seen this happening in any way, shape, or form???? I must have been in a coma for _5 long years_ to have missed such events having transpired.


I DO NOT support AOS going open source, but DO support ANY (other) ACTION(S) that Hyperion Entertainment (and the coders) may take to deal with this. (This means should they choose to break laws...... i.e. Turn their work into shareware, if they must; NOT transfer ANY source code to Amiga Inc., etc.)


This is INSANE!

NOW Amiga Inc. has hardware, ...... BUT, no software!!!!!!!!!!


ACK has probably sources to AOS4 Prerelease 3, and _maybe_ 4, but certainly NOT final, I don't believe. That's fairly useless, and his HW will be SIMILAR, but _not_ the SAME as AmigaOnes, so would require a fair amount of inspection/re-coding, before being able to work on it...... And we ALL KNOW Amiga Inc.'s capacity to produce working code,...... So I wouldn't be TOO worried of Amiga Inc. making a viable product, no, they'll have to go crawling back to Hyperion Entertainment.

Want to say more, but don't have time to right now....


I HOPE I haven't overreacted, because as Billsey says, honestly, we should wait for the dust to settle, and as the ONLY reliable sources of information are not talking (and those would be Hyperion Entertainment) we STILL are not sure of what is going on.


Okay, the above is what I tried to post earlier, but didn't have time to.


Now is about 12 hours later, and read some threads to the end but not all.

Reading what I wrote, I still stand by it and have this to add.

Seems that Hyperion Entertainment was/IS having the rug pulled out from under them to me.


The coders worked and worked and WORKED for non-existent checks for MONTHS on end (I believe, anyone want to correct me?) ONLY TO HAVE Amiga Inc. SWOOP IN at the end and BUY AOS4.0 right under their noses for PEANUTS!

This AOS4.0, the abuse they were put through left, right, and center, no support from Amiga Inc., also VALUE ADDED, the OS EXCEEDS what was thought possible by SO FEW, only to have Amiga Inc. come in, pay a FEW MEASELY DOLLARS to reclaim ownership, leaving Hyperion and PRO coders out in the cold!!!!

U N A C C E P T A B L E!

I personally believe that, Amiga Inc. having done NOTHING for five years is doing the most nasty, dirty, filthy, underhanded TRICK IN THE BOOK to Hyperion Entertainment and crew.

They're here to TAKE THE GRAVEY, when CLEARY, all Amiga Inc. did was wait for the TRAIN TO PULL IN!


If this is accurate I STAND BY THIS OPINION!

There is NO ONE capable of moving AOS4.x forward competently other than the Hyperion Entertainment coders. Period!

(Above post was from "Amiga vs Hyperion VOF ")
(One more cross post. You know the origin of both.)
(Thread is "Thread of Thanks Rich ")

On Wednesday, May 2, 2007, Atheist2 wrote:
> On Wednesday, May 2, 2007, nicholas wrote:
> > On Wednesday, May 2, 2007, Atheist2 wrote:
> > > On Wednesday, May 2, 2007, nicholas wrote:
> > > > How does it feel to be using pirated software (OS4) on a Teron (Not an A1)?
> > >
> > > Hi nicholas,
> > >
> > > First off, thank you for the concern,
> > >
> > > I wouldn't know, never got an e-mail from Amiga Inc. informing me of such.
> > > Besides, would that apply to pre-release 4, or final?
> >
> > Amiga Inc paid in full for OS4 in April 2003. The receipt signed by Ben
> > Hermans is in the court documents.
> >
> > Anything Hyperion distributed after that date is pirated as they had no
> > right to do so.
>
> NO!
>
> I paid for an AmigaOne AND AOS4.0 FINAL at the time of purchase and BOTH
> Hyperion Entertainment* and Amiga Inc. AGREED that it WAS SO. IF Amiga Inc.
> tears up the contract, they are TEARING _MY_ CONTRACT up TOO!!
>
> I do not believe they can do that!
>
> Also, I think you'll have to use another word than "pirated" as AOS4.0
> final didn't exist back in, 2003 was it?
>
> As for Amiga Inc. claiming that "it's fair to pay that amount and receive
> it back". The HELL with that.
>
> Amiga Inc. would NOT HAVE BEEN ABLE TO complete AOS4.0 for years from TODAY
> (Wednesday May 2 ,2007) as they would have to hire _new people_ to complete
> it, and they'd have been completely unfamiliar with it, and ALSO where the
> HECK would they have even GOTTEN (MICRO)AMIGAONES from to do so????
>
> Amiga Inc. buying AOS4.0 back, at that price, DOES NOT EVEN COVER the
> coders' of AOS4.0s (micro)AmigaOnes _purchases_ so that they COULD code
> AOS4.0 _in the first place_.
>
>
> What, they want to go to court and plead the right to pay Hyperion
> Entertainment employees -negative- $1 per hour, more or _more_?
>
>
>
>
> * And Eyetech, and the dealer I bought it from.


Wanted my sentiments to be heard here too.

So, am I way off my rocker?

@Atheist
Quote:
You have overreacted. The dispute has been going on for a long time and many of us knew about it. It is a management problem. Let management take care of the problem and please calm down.

P.S. Keep your moobunny chatter on moobunny please. We don't need that here. Thanks.

Quote:

Hi ssolie,

I just am upset that, we _just now_ (~April 1) HAVE hardware, and now I have to learn this??

This is truly a huge problem, as it's taken very, very long to have acceptable, viable HW to use, and now we've hit further delays....?!?

And so far as I've seen, it seems to be a very, very, very unfair one, too.



Oh and, Amiga Inc., if you (really) have money to invest, get a clue, I mean, have a clue, it's to the left, right under my alias.

@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?

@Atheist
Quote:
I consider this a tiny problem relative to the work put in by the AmigaOS 4.0 development team. The technical problems that were solved and continue to be solved are far more complex than this little contract dispute. Needless to say, I'm not a fan of management teams at the best of times because I find they are for the most part under-trained, inadequate and in it for the power trip. The only good manager I know of was in such high demand I only had the pleasure of working with him on one project. I'll let you know when I find another manager good at their job.

For the time being all we can really do now is suck it up and watch the silly show as the two management teams slap each other with fish until one of them loses and goes home crying to mommy. I have very little respect for management teams that can't resolve these types of problems quickly. I have even less respect for companies that feel they have to use the courts to solve the problems their management teams were being paid to solve.

To me, the huge problem here is the management on both sides of the conflict being under qualified to do what they were being paid to do in the first place. We are talking about sub-million dollar companies here... their problems are really not that complicated but they sure seem to think they are.

@Helge
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I think it is all pretty darn laughable. Yeah, it isn't the most simple problem but then these are the types of problems management is supposed to be taking care of in the first place. These are small companies with big ambitions and they can't even keep their IP in order yet? Come on....

Quote:

Hi ssolie,

Hmmm, what if....

Amiga Inc. say, "we did the buyback at so-and-so date, Hyperion Entertainment don't get the fees associated with the sale of (micro)AmigaOnes+AOS4.0 from that day forward, oh and, pay the amount above $25K back to us as well, also, we want it in the U$ value of that year (2003?)."

If I go crazy then, is it okay?

Quote:

Don't worry, there's elsewhere for that.... Hehehe.

You can also see it as a dispute over a boundary
by two countrys, it is not because they are fighting
or discussing over it that one or both are bad.

It is importend to have a clear line and that is what
is going on now, the line is blury and there need
some things to be set straight.

Lets wait and see what comes out of it.

I just hope they do it fast.

@Dirk-B

Yes, but one country has been planting crops on this disputed land, and don't want to lose it before the harvest.

@Chris

Wel they should atleast be rewarded if they lose their crops to the other country.

@Atheist
Quote:
Any time is a good time to go crazy dude.

You asked if you were overreacting and I think you were so I said so. That doesn't mean you can't overreact though. Go nuts if you want to. I was just offering my opinion on the matter.

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 forget, did either party publicly announce the lawsuit, or was it first dug up by the owner of the Merlancia web site?

If it was publicly announced by either of the engaged parties, that is probably a no-no, but if it was the Merlancia guy, we should probably dial back any implications of posturing on the part of the engaged parties. As I see it, Hyperion has merely been responding to what folks like us have been saying and to what someone else made public about the suit (perhaps borderline, but let's let that pass for now). Amiga, as I see it, has simply been trying to proceed with business as much as possible, and I see both as completely understandable.

@ssolie

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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?