Cloanto sues Hyperion
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    amigadave
    Posts: 2794 from 2006/3/21
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    Quote:

    number6 wrote:
    @thread

    Actually today Pacer has a bit more as to the recent filing:

    Quote:

    MOTION to Compel and for an Award of Attorney's Fees and Costs Incurred


    Source

    #6


    Is there a free copy of the May 14, 2019 letter available to read anywhere, without having to sign up for, or pay a fee to read it? Or can someone who has seen it just summarize what it says?

    I am so hoping that Cloanto does NOT settle this conflict out of court and let Hyperion off the hook. If Hyperion doesn't just concede and pay all the attorney costs, withdraw all copyright and/or trademark filings around the world, and submit a statement agreeing with Cloanto's ownership rights to all Amiga IP, except for AmigaOS4, then I would like to see this go to a jury trial, and find out what a jury thinks of Mr. Hermans behavior in a court of law.

    Edit: removed double negative
    Edit 2: Actually, I'm hoping that the court will find that Hyperion has indeed violated the 2009 agreement, and such a finding will cause Hyperion to lose all control and rights to AmigaOS4, so that a reasonable person/company can pick up the pieces, and we can see some better development progress in the future.

    [ Edited by amigadave 03.09.2019 - 15:22 ]
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  • »03.09.19 - 23:18
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    Butterfly
    Posts: 88 from 2015/10/30
    Quote:

    amigadave wrote:
    Quote:

    number6 wrote:
    @thread

    Actually today Pacer has a bit more as to the recent filing:

    Quote:

    MOTION to Compel and for an Award of Attorney's Fees and Costs Incurred


    Source

    #6


    Is there a free copy of the May 14, 2019 letter available to read anywhere, without having to sign up for, or pay a fee to read it? Or can someone who has seen it just summarize what it says?

    I am so hoping that Cloanto does NOT settle this conflict out of court and let Hyperion off the hook. If Hyperion doesn't just concede and pay all the attorney costs, withdraw all copyright and/or trademark filings around the world, and submit a statement agreeing with Cloanto's ownership rights to all Amiga IP, except for AmigaOS4, then I would like to see this go to a jury trial, and find out what a jury thinks of Mr. Hermans behavior in a court of law.

    Edit: removed double negative
    Edit 2: Actually, I'm hoping that the court will find that Hyperion has indeed violated the 2009 agreement, and such a finding will cause Hyperion to lose all control and rights to AmigaOS4, so that a reasonable person/company can pick up the pieces, and we can see some better development progress in the future.



    In all honesty amigadave. Do you believe anyone would pick up Amiga OS 4 development if Hyperion lost rights? I just don't see it. It is a dead OS, running on outdated, under powered, overly expensive hardware. I think it would be the nail in the coffin for the last of Amiga. To be honest I think MorhphOS will die out sooner rather than later if they don't do the ISA shift sometime soon. PowerPC Apple hardware is now at least 14 years old at best and not getting any younger. Tabor, is stillborn and the x5000 is 2000.00 for something with the performance of an Athlon processor. Even all that said. If Tabor came out I would buy it with OS4. I loved Amiga and I would buy it just so that I could have the "last" of the Amiga. I feel MorphOS is the only hope for the future. I just kind of have doubts about them porting to a new platform anytime before I die.
  • »04.09.19 - 16:21
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    number6
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    @amigadave

    I don't see the letter of May 14, 2019 listed anywhere documents have been uploaded.

    #6
  • »04.09.19 - 22:17
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    amigadave
    Posts: 2794 from 2006/3/21
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    Quote:

    number6 wrote:
    @amigadave

    I don't see the letter of May 14, 2019 listed anywhere documents have been uploaded.

    #6


    Any ideas about it's content, has there been anyone who has commented on that letter?
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  • »05.09.19 - 16:38
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    number6
    Posts: 479 from 2008/8/10
    Quote:

    amigadave wrote:
    Quote:

    number6 wrote:
    @amigadave

    I don't see the letter of May 14, 2019 listed anywhere documents have been uploaded.

    #6


    Any ideas about it's content, has there been anyone who has commented on that letter?


    That that I can find, no.
    It was not listed in the court records, so it was a private communication between attorneys imo.
    And AmigaDocuments made no postings during that time, nor do I see it in the documents listings there.

    #6
  • »05.09.19 - 16:46
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    amigadave
    Posts: 2794 from 2006/3/21
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    Quote:

    DFergFLA wrote:
    In all honesty amigadave. Do you believe anyone would pick up Amiga OS 4 development if Hyperion lost rights? I just don't see it. It is a dead OS, running on outdated, under powered, overly expensive hardware. I think it would be the nail in the coffin for the last of Amiga. To be honest I think MorhphOS will die out sooner rather than later if they don't do the ISA shift sometime soon. PowerPC Apple hardware is now at least 14 years old at best and not getting any younger. Tabor, is stillborn and the x5000 is 2000.00 for something with the performance of an Athlon processor. Even all that said. If Tabor came out I would buy it with OS4. I loved Amiga and I would buy it just so that I could have the "last" of the Amiga. I feel MorphOS is the only hope for the future. I just kind of have doubts about them porting to a new platform anytime before I die.


    A-Eon would try to reach an agreement with all of the developers who have worked on AmigaOS4, and re-start work to move it forward on PPC. They have too much invested in their X1000, X5000, and Tabor A1222 hardware to let AmigaOS4 die.

    Wouldn't it be ironic karma if Hyperion lost the rights to develop AmigaOS4, and Cloanto ended up with those rights. I'm sure Trevor and Matthew from A-Eon would have an easier time working with Mike B. from Cloanto, than they have had working with the guy pulling all the strings at Hyperion. I don't think Mike will lose $10,000, or was it Euros, or English Pounds that Hermans said he lost in a cab? What a crock! Honestly, how can anyone continue to work with such a person in any way? Why are users still sending money to Hyperion for any products? They are only prolonging the agony of having to deal with Hyperion.
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  • »05.09.19 - 16:48
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    number6
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    @amigadave

    Quote:

    Why are users still sending money to Hyperion for any products? They are only prolonging the agony of having to deal with Hyperion.


    Because if you read EAB in particular (but A.org will do as well), all most people care about is product that gets shipped.

    Often we assume everyone knows about issues that we discuss in this thread. Frankly even some of the owners have no clue about things we've posted here...until they get tipped off.
    That's how little people really know...or care about these aspects.

    #6
  • »05.09.19 - 17:14
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    @amigadave

    You make good points. I wish something would happen...soon. I fear that any window of opportunity as already passed for any Amiga like OS. How many, long, long, long years now have MorphOS users been hearing and waiting for the ISA shift? I hear a lot about Arm really being the up and coming platform. I truly hope that MorphOS devs will port it sooner rather than later. We already have Arm laptops and even more coming. Soon there should also be Arm desktops. It would be a sin to just rollover and let MS take it over without any alternative for anyone else. They already stole the x86.
  • »05.09.19 - 19:27
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    Andreas_Wolf
    Posts: 12073 from 2003/5/22
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    > $10,000, or was it Euros, or English Pounds that Hermans said he lost in a cab

    Hermans said this about himself? Wasn't it Dickinson who told this about Hermans?
  • »05.09.19 - 20:09
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    Butterfly
    Posts: 88 from 2015/10/30
    Quote:

    Andreas_Wolf wrote:
    > Soon there should also be Arm desktops.

    https://store.avantek.co.uk/arm-desktops.html ;-)


    OMG!! I didn't' even know that. A little high priced but that should come down. At least it is an active platform that is gaining ground. PPC is all but dead. Maybe not gone, but it isn't a platform the world in general is interested in and is not likely to make some kind of comeback. Arm is just getting started. Please, MorphOS dev gods... On one hand I am sure the MorphOS devs know all this. Know we all want to see a change. I even understand the silence, but man... the not knowing what is going on is sometimes hard... anyway. So, cool to see these.

    Thanks
  • »05.09.19 - 21:14
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    amigadave
    Posts: 2794 from 2006/3/21
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    Quote:

    DFergFLA wrote:
    @amigadave

    You make good points. I wish something would happen...soon. I fear that any window of opportunity as already passed for any Amiga like OS. How many, long, long, long years now have MorphOS users been hearing and waiting for the ISA shift? I hear a lot about Arm really being the up and coming platform. I truly hope that MorphOS devs will port it sooner rather than later. We already have Arm laptops and even more coming. Soon there should also be Arm desktops. It would be a sin to just rollover and let MS take it over without any alternative for anyone else. They already stole the x86.


    Arm already has Android, iOS, AROS, Linux in dozens of flavors, and I'm guessing other Unix variants. I believe a few of those choices already have an equal standing on Arm as MS, or even a greater market share than MS (certainly if you count cell phone devices), so I don't see MS taking over the Arm computing market like they did with Windows on x86, but it will depend on what applications and programs are made available on each OS. This is where MS might gain more market share, if developers think it is easier to code for MS on Arm, than the other major OS choices. AROS, MorphOS, AmigaOS will never be a major player on any architecture, unless a bolt of lightning strikes one of our leading developers and he/she invents the next paradigm of computing, and only writes an Amiga-Like OS for it first, and it is so ground breaking and appealing to programmers, that they leave all other OSes behind in favor of switching to this new paradigm shift. (In other words, it's not going to happen)

    As for the MorphOS Dev. Team, I believe that they are well along toward the port to x64, and their work will be amazing. I worry a little that it will take too much time to get great software that runs on MorphOS for x64, if they do not create it with a easy way to port software from other platforms, like Linux, to MorphOS for x64, but they are smart guys and I have confidence in them knowing what to do. I don't mind the silence so much, as they have always been this way, and it seems to have served them well. We all know that devs talking about their work in progress, and then not being able to deliver, can have disastrous results on forum sites, specially with some of the more rabid Amiga users posting complaints.

    Regarding porting MorphOS to Arm, I'm all for it, but the team decided to port to x64 first, and I don't disagree with their decision. They opted for the more powerful choice at this point in time, which is probably the wise choice. I hope that later, they can easily port MorphOS for x64 to Arm, after the x64 port is completed and bug fixed.
    MorphOS - The best Next Gen Amiga choice.
  • »06.09.19 - 03:35
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    amigadave
    Posts: 2794 from 2006/3/21
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    Quote:

    Andreas_Wolf wrote:
    > $10,000, or was it Euros, or English Pounds that Hermans said he lost in a cab

    Hermans said this about himself? Wasn't it Dickinson who told this about Hermans?


    No, I didn't say that Hermans said this himself. But because someone who gave him the money reported that Hermans "told them" that he had lost that much money, I believe the person reporting the story. Why would they have any reason to make up such a character damaging story, and if the story wasn't true, why wouldn't Hermans himself speak up and declare that it was a lie, and never happened? To this date I have not seen any party to the night in question state that the story is false, and it was reported in print incorrectly.
    MorphOS - The best Next Gen Amiga choice.
  • »06.09.19 - 03:45
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    Andreas_Wolf
    Posts: 12073 from 2003/5/22
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    >>> 10,000 [...] English Pounds that Hermans said he lost in a cab

    >> Hermans said this about himself? Wasn't it Dickinson
    >> who told this about Hermans?

    > No, I didn't say that Hermans said this himself.

    Then I'm apparently worse in understanding written English than I thought ;-)
    I think there's no reason to doubt the story as a whole, just some ambiguities as to who told whom exactly what and when :-)
  • »06.09.19 - 09:15
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    number6
    Posts: 479 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    >>> 10,000 [...] English Pounds that Hermans said he lost in a cab

    >> Hermans said this about himself? Wasn't it Dickinson
    >> who told this about Hermans?

    > No, I didn't say that Hermans said this himself.

    Then I'm apparently worse in understanding written English than I thought ;-)
    I think there's no reason to doubt the story as a whole, just some ambiguities as to who told whom exactly what and when :-)


    And the text in your link is, in turn, a direct quoting from:
    last item in the bullet point section

    2 New interesting things, imo:
    Markus re:Hyperion presence at Amiga34 next month

    and
    Re-noted notice to compel

    Which still does not answer (without seeing all the documentation) why Hyperion's attorneys have stopped responding for months apparently (noted in prior postings).

    It is almost as if the first link is showing Hyperion activity while the legal link is showing the exact opposite.

    #6
  • »06.09.19 - 13:14
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    number6
    Posts: 479 from 2008/8/10
    Quote:

    amigadave wrote:
    Quote:

    Andreas_Wolf wrote:
    > $10,000, or was it Euros, or English Pounds that Hermans said he lost in a cab

    Hermans said this about himself? Wasn't it Dickinson who told this about Hermans?


    No, I didn't say that Hermans said this himself. But because someone who gave him the money reported that Hermans "told them" that he had lost that much money, I believe the person reporting the story. Why would they have any reason to make up such a character damaging story, and if the story wasn't true, why wouldn't Hermans himself speak up and declare that it was a lie, and never happened? To this date I have not seen any party to the night in question state that the story is false, and it was reported in print incorrectly.


    Because although Ben is an attorney, he, in turn, has his own attorneys who tell him what he should or should not do. Once a case is in the hands of attorneys a client becomes somewhat subservient to their attorney(s). A similar example would be Mike's desire to explain things on the Amiga.com website, a desire he expressed more than once. This did not happen either, no doubt for the same reason.

    #6
  • »06.09.19 - 13:23
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    Andreas_Wolf
    Posts: 12073 from 2003/5/22
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    >> I think there's no reason to doubt the story as a whole

    > the text in your link is, in turn, a direct quoting from:
    > last item in the bullet point section

    No, it's the other way round: Amiga Documents copied the text from the amiga-news.de comment, weeks or even months after March 20 (hence the quotation marks).
  • »06.09.19 - 15:37
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    amigadave
    Posts: 2794 from 2006/3/21
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    Quote:

    Andreas_Wolf wrote:
    >>> 10,000 [...] English Pounds that Hermans said he lost in a cab

    >> Hermans said this about himself? Wasn't it Dickinson
    >> who told this about Hermans?

    > No, I didn't say that Hermans said this himself.

    Then I'm apparently worse in understanding written English than I thought ;-)
    I think there's no reason to doubt the story as a whole, just some ambiguities as to who told whom exactly what and when :-)


    Wouldn't Hermans have to tell someone that he lost the money? Hence, he said it, or wrote it, or otherwise conveyed to the people who gave him the money, that he no longer had it, and thought it was lost in the cab ride home. I don't know why you're having trouble with how I worded my post, it seems perfectly understandable to me.

    Perhaps I am misunderstanding your comment, do you doubt that the story is real, or true? Apparently number6 thinks that Ben has not responded to dispute the allegation that he lost the money, because of the pending lawsuit, even though the money was from Simon Archer for the benefit of A-Eon Belgium, not any Amiga party, or Cloanto, which seems unlikely to me, as that money has nothing to do with any of the lawsuits as far as I can see.

    [ Edited by amigadave 06.09.2019 - 08:24 ]
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  • »06.09.19 - 15:37
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    Andreas_Wolf
    Posts: 12073 from 2003/5/22
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    > Wouldn't Hermans have to tell someone that he lost the money?
    > [...] I don't know why you're having trouble with how I worded
    > my post, it seems perfectly understandable to me.

    I just think that even if we believe and agree an unconfirmed or unverified story is real, true or even both, it's always better to word it as reported speech and otherwise stick to what we really know, i.e. that this is what happened according to Dickinson. There's no public record by Hermans or Archer, at least that I know of.

    > do you doubt that the story is real, or true?

    From my perspective, the story may very well be both real and true :-)

    > the money was [...] for the benefit of A-Eon Belgium

    Has this purpose been confirmed? As I understand it, the money was lent to Hermans personally, likely for the benefit of Hyperion.
  • »06.09.19 - 16:08
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    Butterfly
    Posts: 88 from 2015/10/30
    Quote:

    amigadave wrote:
    Quote:

    DFergFLA wrote:
    @amigadave

    You make good points. I wish something would happen...soon. I fear that any window of opportunity as already passed for any Amiga like OS. How many, long, long, long years now have MorphOS users been hearing and waiting for the ISA shift? I hear a lot about Arm really being the up and coming platform. I truly hope that MorphOS devs will port it sooner rather than later. We already have Arm laptops and even more coming. Soon there should also be Arm desktops. It would be a sin to just rollover and let MS take it over without any alternative for anyone else. They already stole the x86.


    Arm already has Android, iOS, AROS, Linux in dozens of flavors, and I'm guessing other Unix variants. I believe a few of those choices already have an equal standing on Arm as MS, or even a greater market share than MS (certainly if you count cell phone devices), so I don't see MS taking over the Arm computing market like they did with Windows on x86, but it will depend on what applications and programs are made available on each OS. This is where MS might gain more market share, if developers think it is easier to code for MS on Arm, than the other major OS choices. AROS, MorphOS, AmigaOS will never be a major player on any architecture, unless a bolt of lightning strikes one of our leading developers and he/she invents the next paradigm of computing, and only writes an Amiga-Like OS for it first, and it is so ground breaking and appealing to programmers, that they leave all other OSes behind in favor of switching to this new paradigm shift. (In other words, it's not going to happen)

    As for the MorphOS Dev. Team, I believe that they are well along toward the port to x64, and their work will be amazing. I worry a little that it will take too much time to get great software that runs on MorphOS for x64, if they do not create it with a easy way to port software from other platforms, like Linux, to MorphOS for x64, but they are smart guys and I have confidence in them knowing what to do. I don't mind the silence so much, as they have always been this way, and it seems to have served them well. We all know that devs talking about their work in progress, and then not being able to deliver, can have disastrous results on forum sites, specially with some of the more rabid Amiga users posting complaints.

    Regarding porting MorphOS to Arm, I'm all for it, but the team decided to port to x64 first, and I don't disagree with their decision. They opted for the more powerful choice at this point in time, which is probably the wise choice. I hope that later, they can easily port MorphOS for x64 to Arm, after the x64 port is completed and bug fixed.


    I did not know that that decision had been made. Good, then it would seem they are in progress of doing that. Should only be two more weeks. :)
  • »06.09.19 - 16:10
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    number6
    Posts: 479 from 2008/8/10
    @amigadave

    Quote:

    Apparently number6 thinks that Ben has not responded to dispute the allegation that he lost the money, because of the pending lawsuit, even though the money was from A-Eon, not any Amiga party, or Cloanto, which seems unlikely to me, as that money has nothing to do with any of the lawsuits as far as I can see.


    There is still the matter of whether Hyperion remains a business (company) in the eyes of the National Bank of Belgium. In that vein, discussing loans from contractors is probably not in their best interest.

    I have yet to see the court comment on this issue that the court expected to be addressed by end of June, 2019. Until they do, it is also not easy to verify the story of a bankruptcy hearing scheduled for September, 2019.

    #6
  • »06.09.19 - 16:13
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    amigadave
    Posts: 2794 from 2006/3/21
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    Quote:

    number6 wrote:
    @amigadave

    Quote:

    Apparently number6 thinks that Ben has not responded to dispute the allegation that he lost the money, because of the pending lawsuit, even though the money was from A-Eon, not any Amiga party, or Cloanto, which seems unlikely to me, as that money has nothing to do with any of the lawsuits as far as I can see.


    There is still the matter of whether Hyperion remains a business (company) in the eyes of the National Bank of Belgium. In that vein, discussing loans from contractors is probably not in their best interest.

    I have yet to see the court comment on this issue that the court expected to be addressed by end of June, 2019. Until they do, it is also not easy to verify the story of a bankruptcy hearing scheduled for September, 2019.

    #6


    fair enough, I can follow that logic
    MorphOS - The best Next Gen Amiga choice.
  • »06.09.19 - 16:25
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    ppcamiga1
    Posts: 215 from 2015/8/23
    Boring as usually.
    If all this Hyperion haters instead of wasting time on attacks on Hypernion, spend time on improving AROS, it will be in much better condition.
    And maybe We all be using Amiga solutions on x86.
  • »06.09.19 - 17:01
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    Stevo
    Posts: 888 from 2004/1/24
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    @ppcamiga1

    Really? I mean really? Not only are you showing extreme rudeness to people that spend a lot of personal time to inform you and me (and even being factual and objective at that), but you are also showing a complete lack of understanding, bordering on the virge of stupidity by making your AROS claim. It is you and the like that makes proper journalism and awareness necessary because otherwise people would go unaware of the rotten shit that is going on in tricking the naive for money and power and destroying whats left of this very platform.

    But please, speak your mind if you feel inclined so.
    ---
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  • »06.09.19 - 17:29
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    number6
    Posts: 479 from 2008/8/10
    @thread

    Although not directly related to all the twists and turns discussed in this thread, I found this interesting, much like Hyperion's purchase of Reaction:

    A-K datatypes

    #6
  • »07.09.19 - 13:39
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