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More likely Amino is a penniless shell company that exists in a file cabinet somewhere, owned by a penniless McBill. If Cloanto wants to win the lawsuit against HYPErion, it will have to prop up the shell to defend itself.

At least that's how I interpret things.

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Really? I didn't think they had any of that stock left.
You've pointed out the biggest issue with the board, the limited memory, but the price was good.

I still enjoy hacking around with low cost boards of various types.
Its why I understand where the R Pi advocates are coming from.

> Amino were the group who became Bill McEwen's Amiga Inc.

And they are the group who was Bill McEwen's Amiga Inc. ;-)

https://morph.zone/modules/newbb_plus/viewtopic.php?topic_id=7509&forum=3&start=7
https://morph.zone/modules/newbb_plus/viewtopic.php?topic_id=7509&forum=3&start=30
https://morph.zone/modules/newbb_plus/viewtopic.php?topic_id=12222&forum=3&start=86

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I’d say so, yes!

>>> The Efika and Sam were at the absolute limit of CPU power required
>>> to run a desktop system.

>> Yes, I would have never bought one of these slouches for desktop use,
>> not even when they were new.

> I might have considered a SAM460, if only for the PCIe expansion

I think he referred to the Sam440, as did I in my reply. If the Sam460 was "at the absolute limit of CPU power required to run a desktop system", the Efika 5200B and the Sam440 would have been way below it.

> the Erika had issues (in particular with the PATA port and the limitations to
> the length of the drive cable).

And 128 MiB RAM were completely unusable for a desktop system in 2006.

> I was surprised to see they still have Efika in stock even in 2018.

I'm surprised, too, considering it was definitely listed as out of stock two years ago.


Edit: Out of stock in 2022.

[ Edited by Andreas_Wolf 10.10.2022 - 15:27 ]

Is MorphZone limited to 256 posts per thread? This post will find out!

Edit: Answer = no.

[ Edited by KennyR 18.08.2018 - 20:28 ]

And since it isn't, let's steer it back on topic away from from commercially dead desktop CPU families and back to Amino. Link courtesy of the excellent Amiga Documents:


Old Moobunny thread on Amino

> Is MorphZone limited to 256 posts per thread? This post will find out!

You're 13 years late :-)

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ty
nice post by Amiga Documents in that thread.

#6

@thread

New filings

#6

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Because posts over ten years old are oh so relevant?
And please, don't try to limit where the thread takes us.

This seems like a big waste of time and money.

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The process Amino, Cloanto, and Hyperion are involved in?
Yeah, big waste of time is being kind, its childish and unprofessional.

> New filings

Thanks. Most meaningful IMHO:

"55. AMINO [...] admits that Cloanto acquired copyright ownership in and to Kickstart 1.3 as the result of copyright assignment."
"60. AMINO [...] states that Hyperion has no right under the Settlement Agreement to use the AMIGA mark in any manner or capacity."
"63. AMINO [...] agrees that Hyperion is not the rightful owner of AMIGAONE, AMIGAOS, or Boing Ball Mark."
"65. AMINO denies that Hyperion has or ever had any ownership rights in AMIGAOS and AMIGAONE [marks] [...]."
"130. AMINO admits that Cloanto has a non-exclusive license to the AMIGA mark, and that Hyperion has an exclusive license to use the marks AMIGAOS and AMIGAONE solely for purposes of marketing, distributing and making available Amiga OS 4 and its related hardware, and not for any other purpose, and denies [...] the implication that Hyperion possesses broader rights."
"The Settlement Agreement did not grant Hyperion the right to use the Licensed Marks (or the AMIGA mark) in connection with the "Software" (i.e., Amiga Operating System 3.1). The sole intent of the parties to the Settlement Agreement was to give Hyperion the rights that Hyperion believed were necessary for it to develop, market, and sell Amiga OS 4.0 and future operating systems (e.g., Amiga 5.0) for existing and future hardware platforms. The Settlement Agreement did not grant Hyperion the right to do anything with any Amiga software prior to Amiga OS 3.1, and permitted no use of Kickstart 1.3, which is not found in the source code of Amiga OS 3.1."
"the grants of rights by the Amiga Parties [...] to Cloanto were not limited to emulation, but included all of Cloanto’s activities [...]."
"the intention of the parties to the Settlement Agreement was to grant Hyperion all the rights it needed to develop, market, distribute and sell AmigaOS 4 and related hardware, and any future versions thereof."
"Hyperion’s former director (and current major shareholder), Benjamin Hermans, has bragged to various people that he "tricked" the Amiga Parties by including language in the Settlement Agreement that he believed would later allow him to claim broader rights than the Amiga Parties intended to give Hyperion. Had the Amiga Parties (including AMINO) been aware that the Settlement Agreement granted Hyperion the rights it now claims it has, the Amiga Parties (including AMINO) would not have entered into the Settlement Agreement. Consequently, the Settlement Agreement is unenforceable and void from inception."

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Given all the references in the Amino filing to the amended complaint by Hyperion, I'll repeat the link to that document for valid reference:
Hyperion amended complaint of April 12, 2018

#6

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WHAM!!! Hyperion started a fight they cannot win. Bad move by a desperate lawyer.

That would depend on what is in the settlement agreement, which Amino appears to be curiously clueless about.
Amino's opinion about what is enforceable isn't germane to the situation.

What it is going to come down to, is what exactly DID the parties agree to.
No question that Hyperion has the sole license to develop 3.1 into 4.0-5.0.
Did Amino assign any other rights to Hyperion?

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???? I think it was very clear to all parties that the only thing Amino/Amiga Inc. was giving to Hyperion Entertainment with the settlement, was the rights to develop AmigaOS4 from the 3.1 source code, plus the use of AmigaOne, AmigaOS, etc., only in connection with the development and marketing of AmigaOS4.

From where I sit, it appears that Amino has an excellent grasp of what is in the settlement, and it is Hyperion Entertainment who are trying to twist the interpretation of the settlement to include much more than was ever intended.

Your stance on this topic puzzles me Jim, can you give me some reasoning for why you feel this way?

No Dave, the statement is from Amino, and it's vague as to what other rights they might have assigned.
It does stated that if 1.3 was included, itvwasn't their intent.
But that wouldn't make it null and void.

It all comes down to what is presented to the judge.

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How about fucking YES, Jim.

> the statement is from Amino, and it's vague as to what other rights they might
> have assigned. It does stated that if 1.3 was included, itvwasn't their intent.

Actually, what's stated regarding 1.3 is anything but vague (as already quoted in my previous comment):

"The Settlement Agreement did not grant Hyperion the right to do anything with any Amiga software prior to Amiga OS 3.1, and permitted no use of Kickstart 1.3, which is not found in the source code of Amiga OS 3.1."

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Hyperion claim they have the rights (or at least, the rights to sell) to previous versions of AmigaOS from the settlement. Amino think different. From what I've always read from the settlement, I've never seen where Hyperion's claim comes from, yet they've always openly stated it since the settlement. Hyperion have then built that into a claim they have the rights to develop 3.x, which Cloanto and Amino are adamant they do not own.

They've been brought in to lend weight to Cloanto's claims that Hyperion are restricted in taking legal action against settlement partners. If that is upheld, Hyperion's case will be thrown out.

Of particular interest is the phrase "unclean hands", referring to a company that has acted corruptly, in bad faith or immorally. I guess that's how Cloanto and Amino see Ben's shoehorning of "We're allowed to develop OS4 from OS3" to "We're allowed to develop OS3.1 to OS3.1.4".

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Agan, Amino's opinion. What is actually in the settlement documention?
That is what is important.
The wording, whether "tricked" or not defines the rights and limitations of each party.
Not statements made years afterwards.

Amiga Documents hosts a copy of the settlement.

Here

I can't find any reference to previous versions of AmigaOS at all, beyond the statement that all other trademarks are unaffected.

Hyperion are explicitly stated to get exclusive ownership of OS4 and the AmigaOS 4 brand, but nothing else. Whoever 3.x and below belonged to before the settlement, they still do.

Edit: Made link a clickie because I keep forgetting MZ won't do that for me.

Edit 2:

Here's the relevant bit:

Quote:

[ Edited by KennyR 23.08.2018 - 02:00 ]