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

    takemehomegrandma wrote:
    At this point your comments are getting stranger by every post Andreas.


    Sometimes it seems he can't see the forest for the trees.
  • »09.07.19 - 23:50
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2720 from 2003/2/24
    Quote:

    KennyR wrote:
    The AmigaONE references have been returned to the wiki by Admin.

    Someone obviously isn't quite ready to announce anything.


    Somehow the pattern feels kind of familiar? I'm thinking of when the X1000 was first announced on a.org and then suddenly a bombastic post from trevordick that it had been scrapped altogether (later it was understood that it was because his initial deal with BenH/Hyperion crashed) but then suddenly that message was withdrawn when a new partner stepped in. They explained the deleted message with the account had been hacked? Or whatever...

    https://amigaworld.net/modules/newbb/viewtopic.php?mode=viewtopic&topic_id=43331&forum=33&start=40&viewmode=flat&order=0#825060



    What I mean to say is, that this could perhaps be a negotiation style? A bit like the Donald Trump style, i.e. "rattling the saber"?
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »10.07.19 - 00:58
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  • Jim
  • Yokemate of Keyboards
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    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Quote:

    takemehomegrandma wrote:
    Quote:

    KennyR wrote:
    The AmigaONE references have been returned to the wiki by Admin.

    Someone obviously isn't quite ready to announce anything.


    Somehow the pattern feels kind of familiar? I'm thinking of when the X1000 was first announced on a.org and then suddenly a bombastic post from trevordick that it had been scrapped altogether (later it was understood that it was because his initial deal with BenH/Hyperion crashed) but then suddenly that message was withdrawn when a new partner stepped in. They explained the deleted message with the account had been hacked? Or whatever...

    https://amigaworld.net/modules/newbb/viewtopic.php?mode=viewtopic&topic_id=43331&forum=33&start=40&viewmode=flat&order=0#825060



    What I mean to say is, that this could perhaps be a negotiation style? A bit like the Donald Trump style, i.e. "rattling the saber"?


    I thought it was the Donald Trump "Gibbering Idiot" negotiating style. ;-) Hard to rattle sabers when you cozying up to most of your former enemies (outside of Iran - then its a "You're with us, or against us" style).

    Oh, and I'm unsure why there seems to be a lack of confidence in the license on the AmigaOne trademark.
    Unless the entire settlement agreement is voided, that asset ought to be secure.

    [ Edited by Jim 09.07.2019 - 21:10 ]
    "Never attribute to malice what can more readily explained by incompetence"
  • »10.07.19 - 02:08
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2720 from 2003/2/24
    Quote:

    Unless the entire settlement agreement is voided, that asset ought to be secure.


    A somewhat inside source has whispered in my ear that there is grudge between Hyperion and Aeon. Hyperion management has felt threatened by Aeon for a long time.

    And why not? Aeon has gone deeper and deeper into Hyperion’s OS4 turf, issuing parallel developments that has become the real standard or even taking over things.

    Hyperion has sub-licensed the AmigaOne mark to Aeon. Since the “settlement agreement” is still in effect, it’s pretty clear that it’s not that. It’s more likely a Hyperion thing.
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »10.07.19 - 10:38
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    KennyR
    Posts: 872 from 2003/3/4
    From: #AmigaZeux, Gu...
    The "Hyperion vs A-Eon" grudge match theory has gone on for a decade, and I can see why - though I won't repeat the arguments here (we know them), except that Hyperion going back to 3.1.4 and apparently abandoning OS4 clearly is no good for those making hardware for OS4. Yet, Trevor maintains he has a good relationship with them. *Shrug*

    What would be interesting would be to know what Trevor thinks of Hyperion's re-capitalisation. If he was putting money into Hyperion with the hope of getting a share of control over OS4, or even if he was hoping to grab it cheap if liquidators sold it off to finance a bankruptcy, then he's been busted either way. Ben now owns Hyperion. End of story.

    If I were Trevor I'd just give up now and find some new hobby - with that and OS4 users just now reminding him they aren't interested in hardware without the name, there's simply no future in OS4 hardware.
  • »10.07.19 - 17:16
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    number6 wrote:
    @thread

    Something postitive for a change:

    nice gesture by cg and Amiganews

    #6



    OS4 core development is long abandoned. I wonder how long is will be profitable for A-Eonkit to sell premium drivers to such a small and dwindling userbase?
  • »11.07.19 - 15:04
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    KennyR
    Posts: 872 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    number6 wrote:
    @thread

    interesting

    #6


    On Kolla's comment there, I've read the 3.1.4 software licence, and while I'm not a lawyer, I'm pretty sure a lot of the more out-there clauses are illegal under various EU laws. (Edit: or more accurately, illegally attempt to remove statutory consumer rights by means of binding contract.)

    Don't really need a class action. Users wishing to do something that is prohibited from the licence can simply ignore it - Hyperion's case would be thrown out if they tried to action against it.

    [ Edited by KennyR 11.07.2019 - 17:36 ]
  • »11.07.19 - 16:26
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    KennyR
    Posts: 872 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    number6 wrote:
    @thread

    Something postitive for a change:

    nice gesture by cg and Amiganews

    #6



    Ah, so Costel returned. And now he's leaving.
  • »11.07.19 - 16:35
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  • Yokemate of Keyboards
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    takemehomegrandma
    Posts: 2720 from 2003/2/24
    Quote:

    KennyR wrote:

    Ah, so Costel returned. And now he's leaving.


    :lol:
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »11.07.19 - 18:58
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Trevor has once again claimed "Nothing to see here!" over on AWN.

    Quote:

    Sigh! it seems my earlier post did not stop all the wild and interesting speculation.

    OK in plain English. A-EON develops hardware under the AmigaOne brand for which is has a worldwide licence. The model number, such as X5000 is used to identify each individual machine. The Amiga.org webmaster, in his wisdom, decided to use the model number to make it easier for search engines to find the A-EON specific AmigaOne hardware.

    Any and all future hardware that A-EON Technology develops for AmigaOS4.x will carry the AmigaOne brand. I hope that is the end to all the conspiracy theories but, somehow I doubt it.

    TrevorD


    Fact: AmigaOne name is removed from all A-Eonkit sites and shops for X1000 and X5000. If it just me, or is this just cleverly worded mentioning FUTURE HARDWARE? Sounds to me like they simply will not proceed unless the naming issue is resolved, and they can't use the name any longer with current products, or they are not comfortable doing it ATM.

    The same people claiming nothing to see here, and the AmigaOne name is not important, are the same ones some years back pushing a promotional picture with AMIGA in the biggest font available, coupled with one in the smallest font available.

    [ Edited by redrumloa 17.07.2019 - 12:18 ]
  • »17.07.19 - 17:12
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    BSzili
    Posts: 559 from 2012/6/8
    From: Hungary
    Quote:

    redrumloa wrote:
    The same people claiming nothing to see here, and the AmigaOne name is not important, are the same ones some years back pushing a promotional picture with AMIGA in the biggest font available, coupled with one in the smallest font available.

    It reminded me of the same thing. I think it one of the AmiWest presentations used the same image of AmigaOne with the tiny "One".
    This is just like television, only you can see much further.
  • »18.07.19 - 12:23
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    KennyR
    Posts: 872 from 2003/3/4
    From: #AmigaZeux, Gu...
    AmigaWorld posters reacted very negatively to any prospect of the AmigaONE losing its name, and don't seem to be placated by Trevor's vague reply either. Definitely a wake-up call for Trevor, though it isn't clear what he can do about it at this point. If he loses the AmigaONE name he'll just be left holding overpriced PPC boards that not even OS4 guys want to buy.

    Also, AmigaKit launching a new company is funny, especially the excuses to try to explain it away. I used to work for a startup which did the same to get rid of a bad investor who tried to take over the company and fraudulently sell it. My boss (the main shareholder) simply made a new company with similar name, transferred all assets, and left the bad investor with a large share in a company that now had no value.

    Matt may have done this. Question is, to who? Could be Trevor or Aaron (Amiga On the Lake) I suppose, but given Ben's just taken near total ownership of Hyperion, it looks like a tit-for-tat thing.
  • »18.07.19 - 14:26
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  • rob
  • Acolyte of the Butterfly
    Acolyte of the Butterfly
    rob
    Posts: 139 from 2008/7/22
    Quote:

    BSzili wrote:
    Quote:

    redrumloa wrote:
    The same people claiming nothing to see here, and the AmigaOne name is not important, are the same ones some years back pushing a promotional picture with AMIGA in the biggest font available, coupled with one in the smallest font available.

    It reminded me of the same thing. I think it one of the AmiWest presentations used the same image of AmigaOne with the tiny "One".


    1.jpg
  • »18.07.19 - 19:23
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12074 from 2003/5/22
    From: Germany
    >> Says the one who just recently completely misunderstood the purpose
    >> of Paul Clements' testimony to the point of utter stubbornness.

    > No I didn't misunderstand anything Andreas

    Yes you did, you even went as far as putting words in his mouth he never even implied. Everybody who is able to read English language could simply read his words (which I quoted to you several times) telling the exact purpose and conclusion of his testimony. Also Cloanto have referred to this testimony in their court filings for no other purpose than to show that Hyperion's 3.1 license ist just for 3.1 proper and does not extend to older versions just because 3.1 is based on them. What you've made of it, namely that the testimony's conclusion was that Hyperion's 3.1 license was null and void, is bordering on delusions.

    > You obviously didn't understand the bigger picture of Paul Clement's testimony

    You obviously fabricated this "bigger picture".

    > nor the purpose of such a testimony in a jury trial.

    I read Cloanto's court filings where they referenced the testimony. Did you? Can you give a summary of the reference, shedding light on that alleged "bigger picture"?

    > why don't you simply e-mail AeonKit with a notification about those six pages
    > still mentioning "AmigaONE 500"?

    Huh? You seem confused. At no point in time were there, neither are there, "six pages still mentioning "AmigaONE 500"". In case you mean just "AmigaOne", why should I of all people notify them, especially considering they decided to reintroduce the term "AmigaOne" to the wiki main page (making it 7 pages btw, not 6)? It's KennyR claiming they aimed at deleting all "AmigaOne" references from the wiki (actually, he even repeatedly claimed they managed to do so), not me, so it's him you should direct your suggestion at.
  • »18.07.19 - 20:06
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  • Acolyte of the Butterfly
    Acolyte of the Butterfly
    kamelito
    Posts: 103 from 2011/9/21
    It is maybe my “fault”, long ago I sent a message to Matthew saying to change the color of the “One” so it would look like more Amiga than AmigaOne...
  • »18.07.19 - 20:27
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12074 from 2003/5/22
    From: Germany
    > I once saw a thread derailed because he hadn't ever seen the abbreviation
    > ande for Amiga-News.de. Rather than simply take my word that we used it
    > commonly on IRC [...], he proceeded to then demand links to where it had been used.

    None of this is even remotely true. It's completely made up. What happened is quite the opposite: I simply assumed you meant amiga-news.de when you wrote "ANDE". See comment #714 for where it happened. I'm sure you can navigate there also without a link.

    > The worst thing one can do is actually supply some

    Indeed that's the worst thing you KennyR could do as this would expose you as the liar you are in an instant.

    > Andreas is free to dispute anything said, but he struggles to do so in a constructive manner.

    I feel that posting links is the most constructive thing possible to do in order to expose your lies.

    > The two events are quite possibly interconnected.

    Ben moved from Monard no later than May or June. When were his mails filed as evidence?

    > the other shareholders [...] to date, have said nothing. [...] nobody is sure if Costel
    > actually did come back to do it.

    He at least announced the Shogo update on 10 July to os4welt.de (so 2 days after 3.1.4.1 release).

    > A-Eon's Amiga wiki's Admin strangely removed reference to the AmigaONE brand
    > on several pages including front page and X5000 page

    It was just these 2 pages.

    > only to put them back when people noticed.

    Only to the main page. X5000 page has it removed still.

    > concerned name fanboys [...] say they won't buy anything without TEH NAME.

    I doubt this actually happened, as reaction to the recent "AmigaOne" issue and with your history anyway :-)
  • »18.07.19 - 20:46
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    @Andreas_Wolf

    Quote:

    Ben moved from Monard no later than May or June. When were his mails filed as evidence?


    They were mentioned in some detail in the actual court filing of

    July 2, 2019 sections D/E

    The actual email exchange in full is likely a discovery document, that would have preceeded the release of the July 2, 2019 filing. Exact date is unknown to me.

    #6
  • »18.07.19 - 21:13
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  • Yokemate of Keyboards
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    Andreas_Wolf
    Posts: 12074 from 2003/5/22
    From: Germany
    > all info for the X1000 has been pulled (although the menu link remains).

    The X1000 page has been broken for about a year.

    > I thought there was no contention over the AmigaOne, AmigaOS, or OS4 trademarks
    > or use of the Boing Ball logo.

    Oh there is, see C-A Acquisition's trademark case. Hyperion's attempt to register these trademarks, use of them for merchandise and use of them (except "AmigaOne") for 3.1(.x) products is complained about.
  • »18.07.19 - 21:31
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  • Yokemate of Keyboards
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    Andreas_Wolf
    Posts: 12074 from 2003/5/22
    From: Germany
    > Sometimes it seems he can't see the forest for the trees.

    To regard what I write as the entirety of what I see is not an easy mistake to make ;-)
  • »18.07.19 - 21:37
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12074 from 2003/5/22
    From: Germany
    > It's Generation Amiga, so take this with a grain of salt. [...]

    Absolutely. It's typical Generation Amiga crap, i.e. completely misunderstanding and twisting the information coming from the alleged source and then putting some fabricated nonsense on top.
  • »18.07.19 - 21:41
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12074 from 2003/5/22
    From: Germany
    > when the X1000 was first announced on a.org [...] then suddenly a bombastic
    > post from trevordick that it had been scrapped altogether (later it was understood
    > that it was because his initial deal with BenH/Hyperion crashed) but then
    > suddenly that message was withdrawn when a new partner stepped in.

    As the message had been declared a hack a mere hour after posting, who was this "new partner" supposed to be?

    > They explained the deleted message with the account had been hacked?

    They explained the posted message with a hack. The message was deleted by a moderator about an hour later.
  • »18.07.19 - 22:22
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