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The settlement agreement will be found to be null and void IMO. The judge will look back to the earliest legal licensee, which is Cloanto since 1997 prior to all the other clown-show "companies".

> Cloanto's license dates back to Escom

Not quite. It dates back to Gateway in 1997.

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Nah, the settlement took into account Cloanto's license and the license held by one other company.
Since Hyperion's license and Cloanto's previous license are not in opposition, then the only factor at play is Cloanto's attempt to increase its position from licensee to IP owner.
Even if the court were to recognise that transaction, the stipulations placed on Amiga Inc. come into play.
Amiga Inc is forbidden from further commercializing Amiga OS, and its not allowed to vend a similar product.

So what make you think Amiga Inc. can transfer rights to another entity that they don't possess?

Remember, as Andreas has pointed out, this is the same judge that oversaw the last case.

So he is familiar with the settlement. Amiga Inc.'s sale is what is likely to be rendered invalid.

[ Edited by Jim 17.09.2018 - 16:19 ]

2 ways this could end:

- one party pulls back

- both parties sign some shady face saving deal

Both ways can be entered volantary orotherwise....

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My guess would be option #2. But this situation shouldn't phase our community as we should be over all this.

JimJim is probably right here. Much as it would be great for us to see Hermans lose it's not likely to happen.

@thread

(32) ORDER SETTING TRIAL DATE AND RELATED DATES

#6

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"Jury Trial is set for 12/9/2019"

Crap, my popcorn will be stale by then

Jury trial means that attempts to reach a settlement have already failed.

Good chance that one of the "companies" is either gone by that date, or so dysfunctional that it can't do a proper court-show.

Hence my assessment that it won't end with a proper verdict stands.

@Kronos

So which one are you betting on?

As if that would matter at all.....


Unless you want to convince of the quality of Swedish chocolate ;)

Chocolate?

How about one of these instead?

Send it to the courtroom labeled "evidence, please open to close case"

Of course, if Hyperion were at all looking at getting any damages to help them out of their awful debt, it's a whole year they have to stay alive (and around 200k in extra debt).

I wish one of their creditors would just pull the plug and trigger insolvency already. AmigaOS 4 is already lost; all this farting around isn't going to help.

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If the Neuss show notes are accurate, then Ben is a creditor, right?
If his only hope of recouping money he feels is owed to him is through Hyperion paying him back, then why would he pull that trigger?
Trevor, as yet another creditor, is in a similar trap when it comes to Hyperion supplying what he requires, no?
I just don't see who pulls that trigger nor their motivation to do so.

Anyway, in civil cases, approximately 90% opt for settlement as opposed to going to trial. From what I have read, that can occur at any point during the process.

#6

> I just don't see who pulls that trigger nor their motivation to do so.

Beside Ben Hermans and Trevor Dickinson, the Neuss show notes mention Timothy De Groote as Hyperion creditor. I'm clueless regarding his potential motivation to have Hyperion fold, though. And there might be this potential option ;-)

@thread

As this is the only thread where I can find reference to 3.1.4 update, I'll put this brief update here:

Source

#6

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I'm looking forward to this.

My A3000 has been stripped of all her expansions other than the 16MB ZIP RAM and an IDE to SCSI adapter so there's no point running 3.9 on her any more.

3.1.4 + and SD2IDE adapter will be enough to run Octamed connected up to Logic Pro nicely.

Will Hyperion release it or not though due to this court case with Cloanto?

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dunno. I'm still trying to figure out any implications re:

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Source

#6

@thread

Announcement

download

#6

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Those colour icons are surely going to be a problem for you. Not only will they be too slow on a stock 030, they'll eat all your chipram.

Seems this is more at replicating 3.9 than going a step back.

It's also a good job that Olsen was working on it and not the guy who does the Hyperion website

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Nope. Just run FBlit and your icons will be placed in FastRAM automatically.

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Nope. They started from the 3.1 source, incorporated all bugfixes which where adressed by BiongBag 1+2, did much more bugfixes and upgraded essential parts of the OS like scsi.device, FFS, CrossDOS. No more 4 GiB limit on hard drives any longer, no special boot partition needed any longer. \o/

I guess the FAQ with technical details will also be uploaded shortly.

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A stock A3000 doesn't have fastram.

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So in other words, they replicated 3.9.