Cloanto sues Hyperion
  • Priest of the Order of the Butterfly
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    KennyR
    Posts: 873 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    redrumloa wrote:
    Quote:

    - No mention of Costel, Trevor et al. Could explain why Costel has... 'disappeared', around the 25th June when this actually happened.


    Gee, someone else in bed with Hermans got screwed? Naaaaaah, never! :-p


    It looks very much like they all did. Hyperion was in huge debt to Ben because it paid him for all the legal representation. Looks to me like Ben recapitalised the company by exchanging that debt like-for-like with near-complete ownership of the company.

    Ben's the shark - a lawyer with decades of experience in Belgian law. They had zero chance against him in his own ocean from the start. As each one went into the water after watching the last one get eaten, they all thought it wouldn't happen to them.

    Only Trevor could have stopped this by sending Ben to court for fraud for the forged signature. He chose not to. Now it seems he's lost every stake in Hyperion he had - and even if not, Ben is now securely in charge so he won't be getting a thing.


    ...as for Costel, it's summer so he might just be on holiday. But if he doesn't reappear, Ben will soon be looking for someone to do the website side of things, for free naturally. Thor's 3.1.4.1 is still sitting there. Maybe another countdown would help...

    [ Edited by KennyR 08.07.2019 - 12:40 ]
  • »08.07.19 - 12:31
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  • Order of the Butterfly
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > as for Costel, [...] if he doesn't reappear, Ben will soon be looking for
    > someone to do the website side of things, for free naturally. Thor's 3.1.4.1
    > is still sitting there. Maybe another countdown would help...

    http://www.hyperion-entertainment.com/index.php/news/1-latest-news/280


    Yes, but this one is priceless:

    Ben & Bill

    I do believe that this might speak to at the very least "friction" regarding the relationship with Monard Law. What do you think?

    #6
  • »08.07.19 - 13:43
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  • Yokemate of Keyboards
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    takemehomegrandma
    Posts: 2720 from 2003/2/24
    OMG 1:

    Quote:

    3.1.4.1


    AmigaOS 3.1.4.1 !!1!

    :-o


    OMG 2:

    Quote:

    this one is priceless:

    Ben & Bill


    :-o
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »08.07.19 - 14:02
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  • Priest of the Order of the Butterfly
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    KennyR
    Posts: 873 from 2003/3/4
    From: #AmigaZeux, Gu...
    Emails coming to light in a court case where Ben has used the name of Monard Law outside his remit in an attempt at extortion, and Ben no longer being with Monard some weeks later. Not exactly coincidence I don't think.

    As for 3.1.4.1, it seems Costel still didn't turn up.
  • »08.07.19 - 14:03
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    Andreas_Wolf
    Posts: 12077 from 2003/5/22
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    > Emails coming to light in a court case where Ben has used the
    > name of Monard Law outside his remit in an attempt at extortion,
    > and Ben no longer being with Monard some weeks later.

    (emphasis mine)
    A more exact chronology would help here, I guess. Did the emails come to light in the court case before June? McEwen or anybody he in turn forwarded Hermans' emails to (as he wrote) could have told Monard about them as early as February 2017.

    > As for 3.1.4.1, it seems Costel still didn't turn up.

    "Thor's 3.1.4.1" did, so no further countdown needed for that, no matter if it was Costel or not who put it on the server. Btw, how do we know it wasn't him?
  • »08.07.19 - 14:24
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    Andreas_Wolf
    Posts: 12077 from 2003/5/22
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    > OMG 1:
    > AmigaOS 3.1.4.1 !!1!
    > :-o

    Your theatrical skills need improvement :-) This version number has been known for months and also been mentioned in this thread before.
  • »08.07.19 - 14:33
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  • Order of the Butterfly
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > Emails coming to light in a court case where Ben has used the
    > name of Monard Law outside his remit in an attempt at extortion,
    > and Ben no longer being with Monard some weeks later.

    (emphasis mine)
    A more exact chronology would help here, I guess. Did the emails come to light in the court case before June? McEwen or anybody he in turn forwarded the emails to (as he wrote) could have told Monard about them as early as February 2017.

    > As for 3.1.4.1, it seems Costel still didn't turn up.

    "Thor's 3.1.4.1" did, so no further countdown needed for that, no matter if it was Costel or not who put it on the server.


    Just to clarify for others who don't follow this closely. You've mentioned June because the last court filing mentioned some of what we see in these emails, albeit in reduced form. Now we see the entire content. Since the Ben & Bill link is not to a legal document as such, this could be from the discovery process, but we can't be sure of that, imo.

    #6
  • »08.07.19 - 14:38
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    Andreas_Wolf
    Posts: 12077 from 2003/5/22
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    > You've mentioned June because the last court filing mentioned
    > some of what we see in these emails, albeit in reduced form.

    Actually, I mentioned June because this is the first month Hermans wasn't working at Monard anymore according to his LinkedIn profile.
  • »08.07.19 - 14:47
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  • Order of the Butterfly
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > OMG 1:
    > AmigaOS 3.1.4.1 !!1!
    > :-o

    Your theatrical skills need improvement :-) This version number has been known for months and also been mentioned in this thread before.


    I'd vote for an OMG 3:

    Mike doing tech support on AW

    #6
  • »08.07.19 - 14:49
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  • Priest of the Order of the Butterfly
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    KennyR
    Posts: 873 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    Andreas_Wolf wrote:
    (emphasis mine)
    A more exact chronology would help here, I guess. Did the emails come to light in the court case before June? McEwen or anybody he in turn forwarded Hermans' emails to (as he wrote) could have told Monard about them as early as February 2017.


    Cloanto/Amino submitted them as evidence a couple of months ago, AFAIR.

    Edit: According to Amiga Documents, the 9th of June.

    [ Edited by KennyR 08.07.2019 - 17:05 ]
  • »08.07.19 - 17:03
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    Andreas_Wolf
    Posts: 12077 from 2003/5/22
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    > Cloanto/Amino submitted them as evidence a couple of months ago, AFAIR.
    > Edit: According to Amiga Documents, the 9th of June.

    Could you link to the actual document (or Amiga Documents' claim)? At least number6 doesn't seem to be aware of those emails being part of a legal document unless I'm misreading comment #1084.
  • »08.07.19 - 17:18
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  • Priest of the Order of the Butterfly
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    KennyR
    Posts: 873 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    Andreas_Wolf wrote:
    > Cloanto/Amino submitted them as evidence a couple of months ago, AFAIR.
    > Edit: According to Amiga Documents, the 9th of June.

    Could you link to the actual document (or Amiga Documents' claim)? At least number6 doesn't seem to be aware of those emails being part of a legal document unless I'm misreading comment #1084.


    It's on his Twitter. Look at June 9th. The actual document is here. Edit: Makes more sense to look here for the relevant passage.

    It does not contain the emails. These were apparently submitted as evidence; PACER is required to gain access to Exhibits.

    Edit2: Also of possible interest is the rapidity that Ben switched companies. Usually professional jobs have a "gardening leave" period, where the employee gives the contractual notice when he/she quits but obviously can't continue working with sensitive material. Gardening leave means "go home but we'll still pay you until your notice is up, but you can't work for anyone else".

    Notice, and hence gardening leave, is usually anything from a month to six months . The only time I've ever seen such a thing waived was in cases where (a) payment in lieu (uncommon at Ben's level) or (b) termination due to gross misconduct.

    [ Edited by KennyR 08.07.2019 - 17:43 ]
  • »08.07.19 - 17:33
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  • Order of the Butterfly
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > Cloanto/Amino submitted them as evidence a couple of months ago, AFAIR.
    > Edit: According to Amiga Documents, the 9th of June.

    Could you link to the actual document (or Amiga Documents' claim)? At least number6 doesn't seem to be aware of those emails being part of a legal document unless I'm misreading comment #1084.


    Sorry if #1084 was confusing.
    July 2, 2019
    This mentioned, albeit more briefly some of the information we now see in totality with the email exchange between Bill & Ben.
    That's all I meant to convey.

    #6
  • »08.07.19 - 18:34
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    Andreas_Wolf
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    > It's on his Twitter. Look at June 9th. The actual document is here.
    > Edit: Makes more sense to look here for the relevant passage. It does not contain the emails.

    This is because none of this is about the emails (which is what your claim was about and what my reply referred to specifically), but about Hermans using the Monard name for trademark filing (which has been known for more than 2 years already thanks to number6 trying to follow the trademark registration tohubohu).

    > These were apparently submitted as evidence

    At which date? It wasn't May or June (neither before), I reckon.
  • »08.07.19 - 19:48
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    Andreas_Wolf
    Posts: 12077 from 2003/5/22
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    >> number6 doesn't seem to be aware of those emails being part of a legal document
    >> unless I'm misreading comment #1084.

    > Sorry if #1084 was confusing.

    It was crystal clear to me :-)

    > July 2, 2019

    Yes, but July 2 is not June 9 (see comments #1087 to #1089), hence my hedging.

    > This mentioned, albeit more briefly some of the information we now see in totality
    > with the email exchange between Bill & Ben.

    Yes, I got this the first time round ;-) Questions are: Can it be precluded that the emails are annexed as exhibits to the July 2 filing? And can it be assummed that the emails weren't exhibited before July 2 (if at all)?
  • »08.07.19 - 19:56
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  • Priest of the Order of the Butterfly
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    KennyR
    Posts: 873 from 2003/3/4
    From: #AmigaZeux, Gu...
    Something else has happened too. A-Eon has removed all reference to "AmigaONE" from their wiki, and changed everything "Amiga" to "Commodore Amiga". Even AmigaKit has been changed to "selected partner projects".

    https://amigaworld.net/modules/newbb/viewtopic.php?topic_id=43331&forum=33

    Edited for clickability for lazy ppls.

    [ Edited by KennyR 08.07.2019 - 20:08 ]
  • »08.07.19 - 19:56
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  • Order of the Butterfly
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    >> number6 doesn't seem to be aware of those emails being part of a legal document
    >> unless I'm misreading comment #1084.

    > Sorry if #1084 was confusing.

    It was crystal clear to me :-)

    > July 2, 2019

    Yes, but July 2 is not June 9 (see comments #1087 to #1089), hence my hedging.

    > This mentioned, albeit more briefly some of the information we now see in totality
    > with the email exchange between Bill & Ben.

    Yes, I got this the first time round ;-) Questions are: Can it be precluded that the emails are annexed as exhibits to the July 2 filing? And can it be assummed that the emails weren't exhibited before July 2 (if at all)?


    No idea. All I would do is ask "why now" on the latest release, if it was always available.

    #6
  • »08.07.19 - 20:20
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  • Priest of the Order of the Butterfly
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    KennyR
    Posts: 873 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    Andreas_Wolf wrote:
    > A-Eon has removed all reference to "AmigaONE" from their wiki,
    > and changed everything "Amiga" to "Commodore Amiga".

    No, only on the Wiki Main Page/


    Wrong. Also on the X5000 page.

    The fact so many changes were made at all, and in one day, are what's important, no?

    Why do you even bother trying to follow any of this, Andreas? You seem unwilling to look at anything but unimportant details. Then a week later you'll demand a link to something I've shown you today, because you missed it while you were busy pedantically arguing off on a tangent somewhere.

    To recap:

    - Cloanto buy Amiga.
    - Hyperion emails to Amiga suddenly appear in the court case, showing that Ben used Monard's name while threatening them.
    - Ben is found to be no longer employed by Monard some time later.
    - Around the same time, Ben reorganises Hyperion, taking almost complete control.
    - Costel goes missing, and A-Eon start removing Amiga references.

    All seems perfectly clear to me.

    [ Edited by KennyR 08.07.2019 - 20:33 ]
  • »08.07.19 - 20:29
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    Andreas_Wolf
    Posts: 12077 from 2003/5/22
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    >>> A-Eon has removed all reference to "AmigaONE" from their wiki,
    >>> and changed everything "Amiga" to "Commodore Amiga".

    >> No, only on the Wiki Main Page

    > Wrong. Also on the X5000 page.

    Indeed, thanks for correction, so it's 2 pages. Btw, "all reference to "AmigaONE" from their wiki" is still wrong.

    > Why do you even bother trying to follow any of this, Andreas?

    Only for one reason: To expose your bullshit whenever I think you talk bullshit ;-)
    Any follow-up on your story about the emails having been exhibited on June 9, btw?

    > You seem unwilling to look at anything but unimportant details.

    I fully believe you that this is what it may seem to you :-)

    > Then a week later you'll demand a link to something I've shown you today,
    > because you missed it

    Any past example of this, i.e. me demanding a link from you to something you've shown me before because I missed it?

    > Cloanto buy Amiga.

    According to the latest filings: Most copyrights -> Cloanto Corp., whereas trademarks plus some other copyrights -> C-A Acquisition

    > - Hyperion emails to Amiga suddenly appear in the court case,
    > showing that Ben used Monard's name while threatening them.
    > - Ben is found to be no longer employed by Monard some time later.

    This is where I think you got the chronology wrong. The departure from Monard happened in May or June. I've seen so far no evidence the emails were exhibited before July. Have you?

    > A-Eon start removing Amiga references.

    I wouldn't consider changing "Amiga" to "Commodore Amiga" as "removing Amiga references". What actually happened is adding "Commodore" references, and removing "AmigaOne" references on 2 pages (main page and X5000 page) while retaining them on 6 other pages.
  • »08.07.19 - 21:03
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  • Priest of the Order of the Butterfly
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    KennyR
    Posts: 873 from 2003/3/4
    From: #AmigaZeux, Gu...
    Argue all you want, Andreas. The thread has developed. A-Eon has removed the term AmigaOne everywhere on its website. AmigaKit, AOL have also done so, though as yet not fully, just on the X5000.

    The only part of that Amiga.org wiki that still has "AmigaONE" is the ACube AmigaONE 500, which never belonged to A-Eon.

    Obviously something has just happened "behind the scenes".
  • »08.07.19 - 21:19
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    KennyR wrote:
    Argue all you want, Andreas. The thread has developed. A-Eon has removed the term AmigaOne everywhere on its website. AmigaKit, AOL have also done so, though as yet not fully, just on the X5000.

    The only part of that Amiga.org wiki that still has "AmigaONE" is the ACube AmigaONE 500, which never belonged to A-Eon.

    Obviously something has just happened "behind the scenes".


    more on topic

    #6
  • »08.07.19 - 21:27
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    Andreas_Wolf
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    > All I would do is ask "why now" on the latest release,
    > if it was always available.

    This is a valid question, considering the May 2017 trademark filing (as well as the February 2018 trademark registration) in the name of Monard became known to the public within hours, and the emails are even from February 2017. In my opinion, Cloanto could have used the trademark issue against Hermans from the beginning (i.e. December 2017), as well as the Amiga Parties could have used the emails against Hermans from the beginning (i.e. March 2018). I can only speculate as to why they waited so long. There must be some sophisticated legal tactics at work that go beyond the minds of mere mortals like me :-)
  • »08.07.19 - 21:29
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