Cloanto sues Hyperion
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    takemehomegrandma wrote:
    @number6

    Yeah, but Hyperion's perception of Copyright is *notoriously* flawed, and as Mike answers, this is nothing new and is already part of a court case.




    What is new is former HYPErion employee Steve Solie throwing serious shade at Hermans.
  • »14.11.19 - 01:05
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2720 from 2003/2/24
    @ redrumloa

    True that, in some way at least, but ssolie's separation from Hyperion has already been covered at AW.net in pretty exploratory detail. Obviously some grudge there. Not the only OS4 developer feeling that way, I'd say from what has been publicly communicated during the last decade or two.

    As a follow-up question, who did *actually write* that Copyright statement (as in: who did actually punch the keys at the keyboard), and for what reason? Now, that's fuel for a debate in its own... ;-)
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »14.11.19 - 01:28
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  • vox
  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    vox
    Posts: 524 from 2003/11/25
    From: Belgrade
    As former OS 4.1 user and Nemo(a1x1000) owner, I did find AEONS promises false.
    In 7 years Timberwolf was closest to release, while OS 4.2 and Libre are still considered
    to be vapor, with some bone thrown ocassionaly at AmiWest. Warp3D for cards SAM460ex and X1000 were shipped also wasnt done and we had to move to new cards just to buy OS 4.1FE and Enhancer, less then what is promised and prepaid for OS 4.2 that was supposed to ship with x1000.

    Not only lack of these is crucial for NG failure at all (and x1000 as example), similar practice of beta OS release with no full driver support continued with x5000 and now Tabor.

    I am glad there is someone that can challenge Hype and I hope clear situation will be a result. Cloantos plans of OS 3.1 open source and OS 3+ advanced seems way clearer then current mess state of glued OS 4.1.8+Enhancer 1.x or OS 3.2. In my impression, Hype and AEON are experts only in slow milking with products that have least enhancement possible.
    ------------------------------------------
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  • »14.11.19 - 09:34
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  • Yokemate of Keyboards
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    Andreas_Wolf
    Posts: 12136 from 2003/5/22
    From: Germany
    > former HYPErion employee Steve Solie

    He never was employed there and wasn't paid. Even of those few who ever got paid, almost no one was employed there.
  • »14.11.19 - 11:24
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  • Cocoon
    Cocoon
    amigakit
    Posts: 44 from 2005/8/24
    @vox

    I cannot speak about Hyperion because we are separate companies and not affiliated to Hyperion company in any way. I would ask you not conflate the two entities together as they are in sole charge of OS4 development and we have no responsibility for that. Our main project is the Enhancer Software which we use to supplement any missing software features that our customers expect and demand when purchasing an X5000 system.

    From my perspective of managing the Enhancer Software project and Amiga Developer Team, we have made incredible progress over the last few years in terms of development. Warp3D Nova, OpenGL ES 2.0 and RadeonRX drivers are a few good examples of major development sub-projects spanning over a year of work. They form important structure of the complete Enhancer Software which is growing steadily.

    We have not rested, and there are some major new components added to the forthcoming Enhancer Software 2.0.

    It should go on record that we have had invaluable help from Frank and Mark in providing complete driver support for the X5000. They have been both helpful and understanding to needs of our projects and it is much appreciated.
    www.amigakit.com - Amiga store
  • »14.11.19 - 11:38
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12136 from 2003/5/22
    From: Germany
    > we have had invaluable help from Frank and Mark in
    > providing complete driver support for the X5000.

    You reported that Mark wrote A-Eon's driver for the QorIQ P5's GbE controller. Are you allowed to tell which driver Frank has written or contributed to?
  • »14.11.19 - 12:16
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    @thread

    Would appreciate hearing any opinions on this.
    Background:
    Last court document October 8, 2019 from the "contract" case
    As it makes mention of the "trademark" case (by speaking of C-A Acquisitions Corp.), and given both case were basically pushed back because the court believed settlement was the likely outcome by end of year...
    Why then on November 6, 2019 was there a motion filed for default by C-A Acquistions Corp./Cloanto?

    Source

    #6
  • »14.11.19 - 15:21
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    Andreas_Wolf wrote:

    He never was employed there and wasn't paid. Even of those few who ever got paid, almost no one was employed there.


    Of course he wasn't paid, that goes without saying with HYPE. We all know he was not employed in the legal sense. However, when someone uses/used a title of "AmigaOS Development Team Lead", people are going to think of as an employee of HYPE. You could say (unpaid) contractor, but regular contractors are still considered employees (here in the states at least).
  • »14.11.19 - 20:48
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12136 from 2003/5/22
    From: Germany
    > he was not employed in the legal sense. [...] You could say (unpaid) contractor,
    > but regular contractors are still considered employees (here in the states at least).

    More like an independent contractor, which is not considered an employee even in the US. Besides, US law certainly doesn't apply if a Canadian contractor works for a Belgian company :-)
  • »14.11.19 - 21:27
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    Andreas_Wolf wrote:

    More like an independent contractor, which is not considered an employee even in the US.


    No, in the states we do have a term called Contract Employee That's something I'm familiar with in the industry I work in.

    Quote:

    Besides, US law certainly doesn't apply if a Canadian contractor works for a Belgian company :-)


    That is obviously very true :-p

    [ Edited by redrumloa 15.11.2019 - 07:44 ]
  • »15.11.19 - 13:43
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  • Yokemate of Keyboards
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    Andreas_Wolf
    Posts: 12136 from 2003/5/22
    From: Germany
    >> More like an independent contractor, which is not considered
    >> an employee even in the US.

    > No, in the states we do have a term called Contract Employee

    Your link says that "contract employee" and "independent contractor" are just different names for the very same thing. And Wikipedia as well as the IRS say that independent contractors and employees are different things. Go figure.
  • »15.11.19 - 14:01
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    Andreas_Wolf wrote:

    Your link says that "contract employee" and "independent contractor" are just different names for the very same thing. And Wikipedia as well as the IRS say that independent contractors and employees are different things. Go figure.


    Yup.

    When dealing with government agencies you often cannot tell the difference between a contractor and employee. It gets muddy. I've interacted with "contracting officers" in the GSA that have been there for years, or even decades. Their email signature line will say contracting officer and GSA, but they are technically contractors if you dig a bit. (don't confuse "contracting" with "contractor" here)

    [ Edited by redrumloa 15.11.2019 - 08:38 ]
  • »15.11.19 - 14:37
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  • vox
  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    vox
    Posts: 524 from 2003/11/25
    From: Belgrade
    Quote:

    amigakit wrote:


    It should go on record that we have had invaluable help from Frank and Mark in providing complete driver support for the X5000. They have been both helpful and understanding to needs of our projects and it is much appreciated.



    Nice for Cyrus users, dual core enabled OS is last thing.

    When your x1000 customers can expect ethernet driver and CFE bugfix/Rx enabler?

    Also, seems Trevor mentioned somewhere possible MOS for x1000. True or just imagination?

    [ Edited by vox 16.11.2019 - 07:41 ]
    ------------------------------------------
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    Lame PC with AmiKit XE
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  • »16.11.19 - 07:39
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  • Yokemate of Keyboards
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    Andreas_Wolf
    Posts: 12136 from 2003/5/22
    From: Germany
    > seems Trevor mentioned somewhere possible MOS for x1000.

    Where?
  • »16.11.19 - 12:28
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  • vox
  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    vox
    Posts: 524 from 2003/11/25
    From: Belgrade
    Quote:

    Andreas_Wolf wrote:
    > seems Trevor mentioned somewhere possible MOS for x1000.

    Where?


    Supposedly on his Amiwest 2019 speech, if I got that right, since even OS4 websites
    dont give a digest.
    ------------------------------------------
    iMac G5 1GB with MorphOS and MacOS X
    Lame PC with AmiKit XE
    YT channel https://www.youtube.com/channel/UCdHl_msNWHEVPf229h_gijQ
    Telegram Amiga group: https://t.me/amigaranchorelaxo
  • »16.11.19 - 17:40
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  • Yokemate of Keyboards
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    amigadave
    Posts: 2795 from 2006/3/21
    From: Northern Calif...
    Quote:

    vox wrote:
    Quote:

    Andreas_Wolf wrote:
    > seems Trevor mentioned somewhere possible MOS for x1000.

    Where?


    Supposedly on his Amiwest 2019 speech, if I got that right, since even OS4 websites
    dont give a digest.


    I don't know where you got your information, but I was at the 2019 AmiWest Show, and did not hear Trevor say anything about MorphOS support coming for the X1000 in his speech, or any conversations on the show floor. Since I own an X1000, I would love to have MorphOS running on it, but I doubt very much that it will ever happen, unless most of the X1000 owners get together and pay someone like BigFoot to do the port and drivers, which is highly unlikely.

    I would pay $100 to $200 towards such a bounty, but doubt that more than a few other X1000 owners would pay that much to get MorphOS for the X1000. In other words, it just isn't going to happen.

    Edit: I would be interested in knowing just how much work would be involved to make a port of MorphOS run on the X1000. Maybe parts of that work could be done by other X1000 owners who have coding capabilities, and the bounty to finish what ever was left to be completed could be a smaller amount of time and money required to make it happen? Maybe X1000 owners would finally get a working driver for the onboard Ethernet adapter if we could get a port of MorphOS for the X1000 released? (I'm just dreaming here)

    [ Edited by amigadave 17.11.2019 - 15:37 ]
    MorphOS - The best Next Gen Amiga choice.
  • »16.11.19 - 21:48
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  • Yokemate of Keyboards
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    Andreas_Wolf
    Posts: 12136 from 2003/5/22
    From: Germany
    >>> seems Trevor mentioned somewhere possible MOS for x1000.

    >> Where?

    > Supposedly on his Amiwest 2019 speech, if I got that right

    I just listened to his speech and have to confirm amigadave's recollection: no mention of the X1000 or MorphOS.
  • »16.11.19 - 22:36
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    >>> seems Trevor mentioned somewhere possible MOS for x1000.

    >> Where?

    > Supposedly on his Amiwest 2019 speech, if I got that right

    I just listened to his speech and have to confirm amigadave's recollection: no mention of the X1000 or MorphOS.


    The only mention of X1000 I am aware of is:
    about 24:00 mark
    When Steven discusses shortening the supported h/w list, models still in beta, and "still not heard from Hyperion about...", referring to X1000.

    #6
  • »17.11.19 - 12:23
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  • Yokemate of Keyboards
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    amigadave
    Posts: 2795 from 2006/3/21
    From: Northern Calif...
    Quote:

    number6 wrote:
    Quote:

    number6 wrote:
    @thread

    Would appreciate hearing any opinions on this.
    Background:
    Last court document October 8, 2019 from the "contract" case
    As it makes mention of the "trademark" case (by speaking of C-A Acquisitions Corp.), and given both case were basically pushed back because the court believed settlement was the likely outcome by end of year...
    Why then on November 6, 2019 was there a motion filed for default by C-A Acquistions Corp./Cloanto?

    Source

    #6


    Concerning the above mentioned (source link) "trademark case":

    ORDER granting Plaintiffs'16 Motion for Default Against Hyperion Entertainment CVBA

    No document available yet, but court orders usually are made public.

    #6




    Regarding your earlier question, about why CA_Acquisition Corp would continue to file new motions against Hyperion, even though the court is granting extensions because the court thinks that a settlement will be the final outcome before the end of the year, (if I am understanding your question correctly), I believe that Cloanto and CA_Acquisition Corp. MUST continue to act as if there will be no settlement with Hyperion, to continue to apply pressure on a certain Belgian lawyer, or such lawyer will not act in "good faith", as has apparently happened in previous negotiations. If Mike and the lawyers working for Cloanto and CA_Acquisition Corp. don't act as if no settlement will be reached, they may lose time, money and leverage to win any case they are involved in against Hyperion. They are smart to act as if Hyperion will attempt to act as friends, only to gain some kind of advantage, then stab Cloanto/CA_Acquisition Corp. in the back at the first opportunity, if they lower their guard. Just look at how Hyperion has acted in the past, and how they initially obtained the rights to AmigaOS4. Only a fool would ........, well, you get where I'm going with this train of thought.
    MorphOS - The best Next Gen Amiga choice.
  • »23.11.19 - 14:57
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  • Yokemate of Keyboards
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    Andreas_Wolf
    Posts: 12136 from 2003/5/22
    From: Germany
    > Meanwhile, Battilana's Amiga 34 presentation:
    > https://www.youtube.com/watch?v=IUD7y5mpTao

    Hyperion's Amiga 34 Q&A:
    https://www.youtube.com/watch?v=XbB35uvPUyc

    First question/answer is about the topic at hand.

    Btw, at the 8:00 mark, the sales figure of OS4 (not sure if all versions for all platforms, or just all versions for Classic, or even just OS4.1FE for Classic) is revealed to have exceeded 14,000 copies.

    For a fun picture stop at 12:50 ;-)
  • »27.11.19 - 20:06
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2720 from 2003/2/24
    Quote:

    Andreas_Wolf wrote:
    > Meanwhile, Battilana's Amiga 34 presentation:
    > https://www.youtube.com/watch?v=IUD7y5mpTao

    Hyperion's Amiga 34 Q&A:
    https://www.youtube.com/watch?v=XbB35uvPUyc

    First question/answer is about the topic at hand.

    Quote:

    Btw, at the 8:00 mark, the sales figure of OS4 (not sure if all versions for all platforms, or just all versions for Classic, or even just OS4.1FE for Classic) is revealed to have exceeded 14,000 copies.


    The most reasonable IMHO is that is *every* OS4 sale, on *any* platform, for *all time* added together. Of which almost all are probably abandoned by now since years, when people simply moved on...


    Quote:

    For a fun picture stop at 12:50 ;-)


    You mean this?



    OK, two questions:

    1) United?!
    2) Beauty?!
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »27.11.19 - 23:27
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12136 from 2003/5/22
    From: Germany
    >> For a fun picture stop at 12:50 ;-)

    > You mean this?

    Yes. I just find it hilarious that when a Hyperion director of all people happens to have the stage, the title slide of Battilana's presentation is shown (inadvertently?), so that the still picture looks like Hyperion's De Groote is giving Battilana's speech or something. (Yes, I know that Battilana was the follow-up speaker, which kind of explains it.)
  • »28.11.19 - 00:23
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    >> For a fun picture stop at 12:50 ;-)

    > You mean this?

    Yes. I just find it hilarious that when a Hyperion director of all people happens to have the stage, the title slide of Battilana's presentation is shown (inadvertently?), so that the still picture looks like Hyperion's De Groote is giving Battilana's speech or something. (Yes, I know that Battilana was the follow-up speaker, which kind of explains it.)


    I think "9" thumbs up of this q/a sums up the overall interest level here.

    #6
  • »01.12.19 - 19:15
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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...
    Quote:

    number6 wrote:
    Quote:

    Andreas_Wolf wrote:
    >> For a fun picture stop at 12:50 ;-)

    > You mean this?


    Yes. I just find it hilarious that when a Hyperion director of all people happens to have the stage, the title slide of Battilana's presentation is shown (inadvertently?), so that the still picture looks like Hyperion's De Groote is giving Battilana's speech or something. (Yes, I know that Battilana was the follow-up speaker, which kind of explains it.)


    Timothy De Groote is the one on the far right.

    Just not in this picture.


    [ Edited by KennyR 01.12.2019 - 18:20 ]
  • »01.12.19 - 19:19
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