Cloanto sues Hyperion
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12150 from 2003/5/22
    From: Germany
    > If you can't even lift parts off the shelf and press out a board for a PPC CPU
    > except by years of hardware hacking or paying stupid amounts of money to
    > design custom parts, then PPC is dead.

    As I (and Alan Redhouse) wrote, reliable PPC northbridges were commercially available at the time (October 2000). No "years of hardware hacking" or designing "custom parts" required. It was their decision to go the risky way by trying to design custom parts to supposedly save some money. This unfortunate decision made the released product more expensive in the end (because the original work was done in vain and a completely different, more expensive board was used). The safe way would have been to design the Escena board around a commercially available PPC northbridge like the MPC106/Tsi106/MPC107/Tsi107 (as used by Apple), the CPC700/CPC710 or the GT-64130 (ancestor of Pegasos II's northbridge). (GT-64260/MV64260 and Harrier only became available later in 2000/2001.)
    Economic considerations aside, the problem with these commercially available PPC northbridge chips were the lack of AGP support (as mentioned before) and the lack of support for the faster proprietary protocols for southbridge connection (which would have required fallback to slower PCI connection). So yes, the situation for developing PPC desktop machines was definitely worse than for the market leader x86, but it was still good enough for a PPC "Amiga" machine succeeding m68k Amigas (even those with PowerUP accelerators). The northbridge of the Pegasos II, for instance, also lacked AGP support (hence its fake AGP derived from PCI(-X)) and had the southbridge connected by slow PCI, but obviously this didn't mean a reliable product for the desktop market couldn't be built around it.

    > Schuler hadn't put any chips on his board.

    Exactly. He could have if he had designed the board around a commercially available northbridge chip instead of trying (and failing) to design his own custom northbridge chip.

    > he would have had to completely redesign the logic of his board or
    > design his own chips to accommodate it.

    Designing his own chips for the board was what he was doing constantly and where he finally failed at and what made the Escena AmigaOne fail. Basing the board around commercially available chips instead would have increased the likelihood of successfully completing the development by a great margin.

    > Schuler encountered the same issue everyone else has in using it.

    No other PPC board design company (except Apple) attempted to develop its own northbridge chip instead of simply basing their board designs around commercially available northbridge chips. Apple succeeded in doing so, Escena tried and failed, everyone else successfully used commercially available chips (including Apple for all G3 Macs, the PowerMac G4 PCI and all G5 Macs).

    > Because PPC is dead.

    It wasn't in 2000, no matter how much you wish it was. The notion that PPC was dead back then because some guy unnecessarily tried and failed to design his own custom PPC northbridge chip is beyond stupid.

    > 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.

    > Freescale's later SoCs were even less than that.

    I especially remember the enthusiasm around the MPC86xx SoCs (and Genesi's plans to use them for new Pegasos and Efika boards) when they were new, also here on MorphZone. These were certainly not less than the MPC5200B or the PPC440EP.
  • »16.08.18 - 00:00
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  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    >> Because PPC is dead.

    >It wasn't in 2000, no matter how much you wish it was. The notion that PPC was dead back then because some guy unnecessarily tried and failed to design his own custom PPC northbridge chip is beyond stupid.

    Not sure that with Power9 it can be said to be completely dead yet.
    Oh and "beyond stupid", maybe just really hard headed. ;-)

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



    [ Edited by Jim 17.08.2018 - 11:26 ]
    "Never attribute to malice what can more readily explained by incompetence"
  • »17.08.18 - 15:19
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    Jim wrote:
    I might have considered a SAM460, if only for the PCIe expansion, but the Erika had issues (in particular with the PATA port and the limitations to the length of the drive cable).



    I was in the market for a new motherboard last weekend and went to Directron's website for the first time in years. I was surprised to see they still have Efika in stock even in 2018. Not a bad little board, but with only 128MB RAM I can't imagine it being much more than a novelty to run once and put on a shelf to collect dust.
  • »17.08.18 - 17:32
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    RobertJDohnert wrote:

    So what does this mean? That Amino and Cloanto are in cahoots?


    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.
  • »17.08.18 - 17:35
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  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Quote:

    redrumloa wrote:
    Quote:

    Jim wrote:
    I might have considered a SAM460, if only for the PCIe expansion, but the Erika had issues (in particular with the PATA port and the limitations to the length of the drive cable).



    I was in the market for a new motherboard last weekend and went to Directron's website for the first time in years. I was surprised to see they still have Efika in stock even in 2018. Not a bad little board, but with only 128MB RAM I can't imagine it being much more than a novelty to run once and put on a shelf to collect dust.


    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.
    "Never attribute to malice what can more readily explained by incompetence"
  • »17.08.18 - 18:20
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2720 from 2003/2/24
    Quote:

    RobertJDohnert wrote:
    Quote:

    number6 wrote:
    Quote:

    Apologies for making on-topic post:

    Source

    #6


    So what does this mean? That Amino and Cloanto are in cahoots?


    I’d say so, yes!

    :-D
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »18.08.18 - 07:21
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12150 from 2003/5/22
    From: Germany
    >>> 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.
  • »18.08.18 - 08:06
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12150 from 2003/5/22
    From: Germany
    > 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 ]
  • »18.08.18 - 09:06
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    KennyR
    Posts: 878 from 2003/3/4
    From: #AmigaZeux, Gu...
    Is MorphZone limited to 256 posts per thread? This post will find out!

    Edit: Answer = no.

    [ Edited by KennyR 18.08.2018 - 20:28 ]
  • »18.08.18 - 19:27
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    KennyR
    Posts: 878 from 2003/3/4
    From: #AmigaZeux, Gu...
    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
  • »18.08.18 - 19:31
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12150 from 2003/5/22
    From: Germany
    > Is MorphZone limited to 256 posts per thread? This post will find out!

    You're 13 years late :-)
  • »18.08.18 - 20:23
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 483 from 2008/8/10
    Quote:

    KennyR wrote:
    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


    ty
    nice post by Amiga Documents in that thread.

    #6
  • »18.08.18 - 20:57
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  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Quote:

    KennyR wrote:
    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


    Because posts over ten years old are oh so relevant?
    And please, don't try to limit where the thread takes us.
    "Never attribute to malice what can more readily explained by incompetence"
  • »22.08.18 - 17:48
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    TheMagicM
    Posts: 1220 from 2003/6/17
    This seems like a big waste of time and money.
  • »22.08.18 - 18:14
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  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Quote:

    TheMagicM wrote:
    This seems like a big waste of time and money.


    The process Amino, Cloanto, and Hyperion are involved in?
    Yeah, big waste of time is being kind, its childish and unprofessional.
    "Never attribute to malice what can more readily explained by incompetence"
  • »22.08.18 - 18:59
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12150 from 2003/5/22
    From: Germany
    > 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."
  • »22.08.18 - 21:55
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 483 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > 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."


    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
  • »22.08.18 - 22:15
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    Andreas_Wolf wrote:
    > 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."


    WHAM!!! Hyperion started a fight they cannot win. Bad move by a desperate lawyer.
  • »22.08.18 - 22:40
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  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    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?
    "Never attribute to malice what can more readily explained by incompetence"
  • »22.08.18 - 22:55
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    amigadave
    Posts: 2795 from 2006/3/21
    From: Northern Calif...
    Quote:

    Jim wrote:
    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?


    ???? 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?
    MorphOS - The best Next Gen Amiga choice.
  • »22.08.18 - 23:45
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