The Avangate link for 3.1.4 went down on Hyperion's website, to be replaced by a totally different pay company, MyCommerce. Not only that, but a huge legal barf of dubious legal enforcability appeared, and I'm hearing reports that pricing in dollars is no longer available.

Goes to show how times change. When MorphOS came out, Hyperion and its fanboys, and Haynie, tried to call it a pirate OS. Yet no legal challenge ever happened, no judge ever said anything about it, and there was never any problem paying for it. You never had to send secret squirrel emails to Ralph or Frank or pretend you were in a different country.

Contrast this to Hyperion, who were very possibly illegally selling copies of OS4 while they were struck off the Belgian register, and are now very possibly illegally selling copies of 3.1.4 - a brandname they never owned, yet have repeatedly abused, and is currently in legal dispute.

So it turns out that 3.1.4 and 4.1 are the true pirate OS's. Let's hope karma finishes the job and ends this truly awful company quickly.

> a huge legal barf of dubious legal enforcability appeared

It actually makes sense to provide the EULA contents this way for everybody to read, opposed to providing it only to purchasers who can view it only after the fact.

> I'm hearing reports that pricing in dollars is no longer available.

No need to rely on reports. Simply trying it yourself you can see that MyCommerce provides selection of each and every currency this world offers, including US dollars.

> Hyperion and its fanboys, and Haynie, tried to call it a pirate OS.

Tried to call? :-)

> Hyperion [...] are now very possibly illegally selling copies
> of 3.1.4 - a brandname they never owned

"3.1.4" is a brandname? :-)

> Let's hope karma [...] ends this truly awful company quickly.

Trial is set for December 2019 :-)

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Yes, but it isn't a EULA. It has EULA like-qualities at the start, but not afterward. More like an extremely vaguely worded statement of how you can't possibly hold Hyperion to account if you happen to break any laws with your use of this product.

Such as if you buy it in America or use it on an emulator, hint hint.

> I'm hearing reports that pricing in dollars is no longer available.

Quote:

Not quite the same as being able to buy it from the US in US dollars.

The "EULA" could well be a response to this.

Or the same bad advice that Thomas has been getting here. Oh dear. As if staying out of emulation changes the fact that Hyperion sold IP they didn't own to Manomio in 2010 and don't have the rights to AmigaOS versions other than AmigaOS 4...

Confirmed. Or at least CG seems pretty convinced by his sources.

Amino caused Avangate to stop selling 3.1.4 with a C&D takedown. Time will tell whether Hyperion's new sales point also drops them.

And after all this work Olaf and Thor have put into 3.1.4. As I said much earlier, it's replicated 3.9. Possibly soon including having all the code buried forever. But nobody can say they weren't warned. Should have just gone MorphOS ;)

[ Edited by KennyR 20.10.2018 - 21:27 ]

>tried to call it a pirate OS. Yet no legal challenge ever happened, no judge ever said anything about it, and there was never any problem paying for it.

The situation is reminiscent of Cloanto's lies against H&P.

>Such as if you buy it in America or use it on an emulator, hint hint.

How would Cloanto have the right to tell me what I can or can't run on an emulator they never wrote!?

[ Edited by Minuous 21.10.2018 - 22:15 ]

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They don't. That's just Thomas listening to Ben Hermans.

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Can you summarize what you refer to here for those of us uninformed?

#6

@number6:

http://www.amigaforever.com/kb/15-107

It is claiming there is "ongoing litigation" against H&P over OS3.9 when there has never been any such litigation.

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Piracy right out in the open. What a shame Olaf has his name attached to piracy.

The real shame are you keyboard warriors automatically jumping to conclusions. NOTHING provided proves any kind of piracy so you really should keep quiet.

And once again the Amiga community at each others throats over rights to a dead carcass rather than enjoying our collective hobby.
Anything AMIGA will never get anywhere with all of the armchair lawyers and dishonest "business" men that continue to malign the Amiga name.

Amiga legacy continues to disgust.

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Apart from the fact that it's in court and that Hyperion already had one takedown?

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Cease and desist orders convincing payment processors to refuse service? Common sense? Hyperion never, ever had a license to distribute OS3.1. They are currently being sued, and will lose, by the rights holders. This release is obviously being done in a panic rush since a trial date is looming.

2000's Hyperion and their followers - "MorphOS is a pirate OS!!" (with no proof, no lawsuits)

2010's Hyperion and their followers - "You should keep quiet, really quiet!!" (while being sued for piracy)

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So the fact that one of them decided to sue automatically means the other is guilty? <smh>

And exactly how do you know that they never ever had a license? Are you a copyright lawyer?

Just because one Amiga entity sues another for God knows what does not mean that what they are contending is fact. How many times do we have to see this kind of crap before we start to think before we leap? NONE of us have anywhere near enough information to make any conclusions other than the usual which is that anything to do with the Amiga name is suspect and is monumentally poorly run. Even your own statement about MorphOS being a pirate OS is proof of what I am saying. All kinds of crap is said but very little of it has any real substance. Cloanto and Hyperion are a bunch of wannabes with little to no business acumen and have always come across as a bunch of playground kids fighting over a lollipop. This latest fiasco is simply more of the same, but the problem is we don't know which one is truly being an idiot and we won't truly know until the court has it's say in 2019.

Again, just standard Amiga BS.. Hasn't changed a bit in 30 years..





[ Edited by outlawal2 23.10.2018 - 08:14 ]

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The ability to read.

The settlement Hyperion struck with Amiga Inc was very clear. Hyperion gets the rights to AmigaOS 4, all others remained with Amiga Inc.

And you have a copy of that in front of you now, right?

Quote:

It's here.

Page 3:

Hyperion acknowledges that the Amiga Parties are the owners of the Software,
without prejudice to any third parties with rights in said Software. The Amiga
Parties acknowledge that Hyperion is the sole owner of AmigaOS 4 (with the
exception of the Software), without prejudice to any third parties with rights in
said software.

No mention in any of the settlement agreement over AmigaOS 3.x and below.

Which means exactly that. No question regarding Amiga OS4 (Which no one is talking about anyway) and if no mention of 3.x then this means nothing in regards to 3.x. Unless there is something somewhere explicitly talking about 3.x then nothing definitive is in place regarding 3.x. I want to see a statement that specifically talks about 3.x as anything else is inconclusive at best. (I will admit that it doesn't look good, but nothing provided thus far proves anything in regards to 3.x)

@outlawal2

"The Software" *IS* "3.x":

From the same "agreement": "Software" means Amiga OS 3.1, which is the Operating System (including without limitation its Software Architecture as described in the Documentation) originally developed, owned and marketed by Commodore Business Machines (CBM) for their Amiga line of computers in 1994"

What about 1b? It seems to be a clear statement that Hyperion is the only one able to legally develop AmigaOS.

Cloanto/Amino have breached that one and many others.

Quote:

Cloanto's license predates both Hyperion and even Amino.

I hope this helps.

Update:

> There's hope that Cloanto will publish the respective 2011/2012 paperworks
> in the course of the current lawsuit

From 3 months ago:

https://www.a1k.org/forum/showpost.php?p=1205395
https://drive.google.com/drive/folders/19YwJmpaRdr7gcCawAHwWeDKpZq7BU2r0

Saw this only now thanks to recent (and partly) re-opening of a1k.org forum to non-members.

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Thanks for posting. This proves what I've been saying all along. Ownership of all things Amiga related, not named AmigaOS4 or AmigaOne, is owned by Cloanto.

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You mean the Amiga Forever licence? I don't see the relevance of that, as I'm 99% sure it doesn't give Cloanto any right to develop new versions of AmigaOS (as illustrated by eg. the fact that OS3.5 and 3.9 were nothing to do with Cloanto); IIRC they are relying mostly on the later contract for their claims.

[ Edited by Minuous 25.10.2018 - 14:42 ]

Quote:

It gave them rights to every ROM and OS made by Commodore, up to and including OS3.1x. The post a couple above yours gives even further detail. Cloanto owns everything Amiga not named OS4 lock, stock and barrel.



[ Edited by redrumloa 25.10.2018 - 00:48 ]