Hyperion statement regarding Amiga. Inc dealings - Publications - News

Publications : Hyperion statement regarding Amiga. Inc dealings

Posted by Rigo on 2007/5/2 0:20:00 (3470 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: 2007/5/2 0:19 Updated: 2007/5/2 0:19
Just can't stay away Joined: 12/01/2006 From: Copenhagen, Denmark Comments: 1532	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: 2007/5/2 0:36 Updated: 2007/5/2 0:36
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: 2007/5/2 0:45 Updated: 2007/5/2 0:45
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: 2007/5/2 0:50 Updated: 2007/5/2 0:50
Just can't stay away Joined: 11/24/2006 From: Sanremo Comments: 1899	Re: Hyperion statement regarding Amiga. Inc dealings Go Hyperion Go !

ssolie	Published: 2007/5/2 1:11 Updated: 2007/5/2 1:11
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 7:56 Updated: 2007/5/2 7:56
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 8:08 Updated: 2007/5/2 8:08
Home away from home Joined: 11/26/2006 From: a dying planet Comments: 5556	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 9:17 Updated: 2007/5/2 9:17
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 11:59 Updated: 2007/5/2 11:59
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 12:07 Updated: 2007/5/2 12:07
Not too shy to talk Joined: 11/27/2006 From: UK Comments: 283	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 12:07 Updated: 2007/5/2 12:07
Quite a regular Joined: 11/27/2006 From: Israel Comments: 933	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 12:37 Updated: 2007/5/2 12:37
Just can't stay away Joined: 12/09/2006 From: Lyon, France Comments: 1370	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 13:36 Updated: 2007/5/2 13:36
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 14:42 Updated: 2007/5/2 14:43
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 18:18 Updated: 2007/5/2 18:18
Home away from home Joined: 11/20/2006 From: Norway Comments: 3870	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 18:51 Updated: 2007/5/2 18:51
Just can't stay away Joined: 11/30/2006 From: Finland Comments: 1890	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 20:54 Updated: 2007/5/2 20:54
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 21:58 Updated: 2007/5/2 21:58
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 22:15 Updated: 2007/5/2 22:15
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: 2007/5/3 0:11 Updated: 2007/5/3 0:11
Just popping in Joined: 12/05/2006 From: Wolverhampton, England Comments: 228	Re: Hyperion statement regarding Amiga. Inc dealings Snuffy, thats my impression too.

Helge	Published: 2007/5/3 1:41 Updated: 2007/5/3 1:41
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 10:59 Updated: 2007/5/3 11:08
Not too shy to talk Joined: 11/27/2006 From: Somerset, UK Comments: 358	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 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 14:30 Updated: 2007/5/3 14:30
Not too shy to talk Joined: 11/27/2006 From: UK Comments: 283	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 21:15 Updated: 2007/5/3 21:15
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!