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https://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2007cv00631/143245/147/1.html

Page 5, at the top.





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Hyperion's current license comes from "the Settlement Agreement", which takes all these various Amiga parties in account.


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Because they are selling 3.1 (and earlier) versions, which their counterparts believe is a breach of the Agreement (which is violated in numerous other ways in the same process).


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OS4 is built upon 3.1 IP. Point is "the Settlement Agreement" is about this, to grant them the right to use 3.1 for creating 4.x, question is whether they have breached this contract in such ways that it could be nullified. OS4 can't exist without those granted rights to 3.1. And 3.1 can not "be removed" from 4.x either, it's forever copyright contaminated.


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The original plan was to only do a limited number of smallish developments as consultant work for Amiga Inc. The work was clearly listed in the original contract. The time frame for this was very reasonable, a couple of months (six). It was not much development really, absolutely not to create a new complete OS, only some key components on top of current 3.1 (or 3.9 really, but that should turn out to be out of reach because Haage&Partner had that one). For this they should receive a reasonable amount of $25,000.




Amiga Inc should still own the OS, including the newly developed components, this development was purely consultant work by Hyperion on Amiga's behalf.




Everything fine so far, except Hyperion didn't come back after a few months to deliver the contracted work to Amiga, instead they kept going for years and years, building an OS for themselves that went far beyond the contracted work and they had no intention whatsoever to hand it over to Amiga Inc.

The contract had stipulated that upon the work being finished (which would take six months as per the contract), Hyperion should hand over the work to Amiga and Amiga Inc should pay the $25,000. This was in 2001. In 2004 Hyperion started to sell the OS as it was theirs (all online communications also suggested they owned it), but carefully not calling it a finished product (which would make them hand over the work to Amiga and collect the $25,000 for their contracted work). No, instead they called it "OS4 pre-release". Then came "pre-release 2". And over the years "3" and "4" as well.

Then came the first lawsuit from Amiga, which Hyperion managed to win (yes, a "settlement" with those terms is a victory) because of the dead state Amiga Inc was at that time. This whole process is what's being called "The Robbery of Amiga OS". At the end, Hyperion was granted ownership of the "OS4 part" while the Amiga parties would continue own "3.1". Which now Hyperion is going for as well.

It's like you hire a contractor carpenter to build a fence around your house. You say to the carpenter, "it's OK to use these 3.1 construction materials I have at this other house". You both agree with the specific work to be done, decide on a time frame, and a fair payment.

Then the carpenter builds your fence partly using your "3.1" building materials. But he doesn't come back to you when it's done. No, instead he spends years and years to also build a complete house, that he later tries to claim ownership of. And not only that, the carpenter also claims the rights to your 3.1 beyond using it as source of building materials and start developing that further and making money on that as well, despite the fact that this is *your* product. But not only that, he comes after you aggressively on your other domains, trying to destroy your business by attacking your trademarks for other products that you have had for two decades, etc.

All this from an original contract to build a simple fence.

Ben Hermans and Hyperion is like a Psychopath Cancer with HIV. Everything they touch or comes near dies. If it isn't contractual robberies, then it's robbery of individual developers through "NDA-agreement" schemes.

They need to die a horrible death, fast, and be removed from the Amiga body.


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Post #2:

https://amigaworld.net//modules/newbb/viewtopic.php?topic_id=42002&forum=2