• Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Posts: 4744 from 2009/1/28
    From: Delaware, USA
    >...judge Martinez also presided over the court in the trial a decade ago, so he should know the parties

    That will make it interesting.

    Outside of the initial 5 million dollar Amino Development investment, what have Amiga Inc, Hyperion, and Cloanto really invested to further an new Amiga platform?

    Cloanto's deal finalizing their claim to copyrights occurred in 2012.
    With a different corporate entity than they originally dealt with.

    This was the core of Hyperion's original case and what forced Amiga Inc's hand, the current Amiga Inc. isn't the company that Amino Development granted rights to. And you can't shift assets to avoid seizure in a bankruptcy.

    Amiga Inc. went bankrupt.

    So why wouldn't both Genesi and the MorphOS development team have a partial claim?
    Development work occurred before Bill McEwen played his shell game, didn't it?
    That establishes a prior relationship with the previous IP holder.

    As it does Hyperion's.

    Honestly, if there is one similarity between our developers and Hyperion's, its Bill McEwen's expectation of complete control of OS' that took so much time and effort to create for so little money.

    Our team bowed out gracefully, Hermans' was smart enough to insert a bankruptcy clause in his contract.

    Really, except for the friction over some of those public statements, we aren't too far apart.

    McEwen would have taken advantage of anyone he thought he could pull a fast one on.
    He just signed a contract with someone smarter than him.
    And considering his experience with ITEC, McEwen should have been more experienced at slick wheeling and dealing.

    But this last big attempted swindle with Cloanto?
    Its oh so complicated.

    Because the people that really should have the rights to the assets are those still owed by Amiga Inc II.
    Amiga Inc. III really shouldn't have been allowed to assume control of the IP.
    So really, neither Hyperion or Cloanto relationship with Amiga Inc III is really at the core of this.

    If so, Hyperion's previous bankruptcy clause becomes relevant.

    [ Edited by Jim 15.06.2018 - 15:44 ]
    "Never attribute to malice what can more readily explained by incompetence"
  • »15.06.18 - 20:34