Cloanto sues Hyperion
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    takemehomegrandma
    Posts: 2720 from 2003/2/24
    Wasn't it something that should happen during September regarding Hyperion? Like court deciding their legal status as a company or such? How did that play out?
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »01.10.19 - 09:35
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    takemehomegrandma wrote:
    Wasn't it something that should happen during September regarding Hyperion? Like court deciding their legal status as a company or such? How did that play out?


    The links that apply to the following are all in this thread. Basically...

    In May the court indicated Hyperion's status as a business was expected to be resolved by end of June.
    Such resolution was never published by the court.

    After that Amiga Documents posted that a bankruptcy hearing was scheduled for September, which would indicate that the June resolution was not achieved. (likely postponed given all the other dates which were pushed back as well)

    There is still no official word as to the outcome.

    #6
  • »01.10.19 - 13:17
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    Andreas_Wolf
    Posts: 12085 from 2003/5/22
    From: Germany
    Update:

    > Hyperion has handed out some licenses to Jens, which are essential to his Amiga business
    > and are now being disputed by Cloanto in court, so Jens is trying to (financially) harm Cloanto
    > where he can, hoping this will help Hyperion against Cloanto and increase the probability of
    > upholding his licenses. Remember that Jens announced to leave the Amiga market should
    > Cloanto win a lawsuit (which would most likely mean the annulation of the licenses).

    "Cloanto [...] is pursuing legal steps against Hyperion [...] in the USA and Belgium. In the US case, Cloanto was asked to to provide proof for the claims of owning certain rights, but did not do so until today. [...] The newly-founded "C-A Acquisition company", based in the USA, claims to have acquired the rights to the Amiga OS and logos from Amiga inc. The contract is signed by Bill McEwen, the former CEO of Amiga inc. However, the signature was given after Bill McEwen resigned as a CEO, as several news items and his own LinkedIn profile prove. We therefore share Hyperion's legal opinion as shown in the legal proceedings without any restrictions. We have signed licensing contracts for our products [...] with Hyperion CVBA, because the text of the settlement agreement with Amiga inc. dated september 30th, 2009, was opened up. This agreements shows beyond any doubt that Hyperion is the only company that can provide the licenses we require. Trusting that the outcome of the lawsuits is going to be positive for Hyperion, we will continue to provide not just financial support."
    https://icomp.de/shop-icomp/en/33/items/icomp-does-not-exhibit-at-amiga-34.html
  • »03.10.19 - 23:55
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    number6 wrote:
    Quote:

    takemehomegrandma wrote:
    Wasn't it something that should happen during September regarding Hyperion? Like court deciding their legal status as a company or such? How did that play out?


    The links that apply to the following are all in this thread. Basically...

    In May the court indicated Hyperion's status as a business was expected to be resolved by end of June.
    Such resolution was never published by the court.

    After that Amiga Documents posted that a bankruptcy hearing was scheduled for September, which would indicate that the June resolution was not achieved. (likely postponed given all the other dates which were pushed back as well)

    There is still no official word as to the outcome.

    #6


    As the document is not available yet for the following, we can not say whether this is related, but there has been a change:

    After over a month of re-noting their motion to compel, Cloanto has now moved to drop that motion and instead file a new motion to extend the contract case.

    Item 80

    It is entirely possible that the reason that will be given will be nearly identical to the reason given for extending the trademark case, but we'll have to wait and see.

    #6
  • »05.10.19 - 13:42
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    Addendum:

    > "I'll also be staying with Steven and his family during my short stay in Calgary.
    > It will be a good chance to discuss future development plans for ExecSG."
    > http://blog.a-eon.biz/blog/?p=11757

    "We are aiming to cover the following topics:
    ExecSG past/present/future
    [...]
    October 23 (Wednesday)
    Introducing the ExecSG Team - Steven Solie
    "
    https://wiki.amigaos.net/wiki/AmiWest_2019_DevCon


    It's now a news item on AW and Amigans with an offer to answer questions.

    #6
  • »07.10.19 - 14:34
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    number6
    Posts: 480 from 2008/8/10
    @thread

    As expected, the additional time has been granted. The reason expressed, though, is surprising imo.

    October 9, 2019

    Highlights include:

    Quote:

    The Parties further anticipate rescheduling depositions after the new year, but are
    optimistic they can achieve an agreement to settle before then.


    #6
  • »09.10.19 - 20:41
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    takemehomegrandma
    Posts: 2720 from 2003/2/24
    Quote:

    number6 wrote:
    @thread

    As expected, the additional time has been granted. The reason expressed, though, is surprising imo.

    October 9, 2019

    Highlights include:

    Quote:

    The Parties further anticipate rescheduling depositions after the new year, but are
    optimistic they can achieve an agreement to settle before then.


    #6


    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »09.10.19 - 22:20
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    amigadave
    Posts: 2794 from 2006/3/21
    From: Northern Calif...
    Quote:

    number6 wrote:
    @thread

    As expected, the additional time has been granted. The reason expressed, though, is surprising imo.

    October 9, 2019

    Highlights include:

    Quote:

    The Parties further anticipate rescheduling depositions after the new year, but are
    optimistic they can achieve an agreement to settle before then.


    #6


    How disappointing. I was so hoping that the community could some how be rid of BH forever, if only Cloanto could get the court to find Hyperion is guilty of breach of contract, and therefore void the 2009 settlement agreement.

    It appears that Trevor personally, and A-Eon as a company, are trying to circumvent the lack of progress on AmigaOS4. Trevor, by purchasing ExecSG and hiring Steve Solie to be the "Team Lead" to work on it, and A-Eon/AmigaKit, as two companies who fund the work for many parts, including the video card drivers. But how is this strange arrangement going to work, as the paid programmers continue to do more and more of the work to improve AmigaOS4, and Hyperion appears to do nothing but insult people, and take them to court, wasting everyone's money?

    Come on Cloanto, don't settle out of court with someone you know you cannot trust, instead, kick their arse in court! Just look at the past history of people who have had dealings with Hyperion, and make a wise choice, not the easiest choice. Let a jury decide that the actions of Hyperion and BH have indeed been a breach of contract, and void Hyperion's ownership of the rights to AmigaOS4, then pick up the pieces, and run it like a real company. You've already proven that you can negotiate with all kinds of developers for various software, much better than Hyperion ever could do.

    What is the benefit of letting Hyperion off the hook for their terrible behavior?
    MorphOS - The best Next Gen Amiga choice.
  • »10.10.19 - 04:04
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    number6
    Posts: 480 from 2008/8/10
    @amigadave

    Quote:

    Trevor, by purchasing ExecSG


    There is still no official statement as to who owns/controls/etc. ExecSG.
    In fact, no one has even asked such a question in Steven's thread on AW, so we have no way of knowing whether it is a question he can/will even answer.

    #6
  • »10.10.19 - 13:05
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    takemehomegrandma
    Posts: 2720 from 2003/2/24
    @6

    ”AeonKit” is a good enough name of the owner for me... ;-)
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »10.10.19 - 17:38
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    amigadave
    Posts: 2794 from 2006/3/21
    From: Northern Calif...
    Quote:

    number6 wrote:
    @amigadave

    Quote:

    Trevor, by purchasing ExecSG


    There is still no official statement as to who owns/controls/etc. ExecSG.
    In fact, no one has even asked such a question in Steven's thread on AW, so we have no way of knowing whether it is a question he can/will even answer.

    #6


    Maybe no official statement yet, but didn't someone just quote Trevor somewhere, saying that he would be meeting with Steve Solie (maybe even staying at his house) in the near future, and that work on ExecSG was going to be one of the topics that the two of them would be talking about? I think that everyone knows who purchased ExecSG, and it is just a matter of time before it is made "official". No matter who purchased it, the point remains that more and more work is being done by developers outside of Hyperion, the owners (cough) of AmigaOS4.

    [ Edited by amigadave 10.10.2019 - 18:08 ]
    MorphOS - The best Next Gen Amiga choice.
  • »11.10.19 - 02:06
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    ppcamiga1
    Posts: 215 from 2015/8/23
    BH is no worse than rest.

    If only morons form aros team support ppc from day one we will don't need people like BH.
  • »11.10.19 - 05:36
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    takemehomegrandma
    Posts: 2720 from 2003/2/24
    BH is a cancer cell with AIDS virus to Amiga...
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »11.10.19 - 06:36
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    takemehomegrandma wrote:
    @6

    ”AeonKit” is a good enough name of the owner for me... ;-)


    And I'm still going to disagree with you here, simply based on the following question and answer.

    When did either Trevor or Matthew -not- publically announce an acquisition for both PR and practical purposes?

    Answer: never...until this one, if it is as you say...

    #6
  • »11.10.19 - 13:46
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    amigadave
    Posts: 2794 from 2006/3/21
    From: Northern Calif...
    Quote:

    number6 wrote:
    Quote:

    takemehomegrandma wrote:
    @6

    ”AeonKit” is a good enough name of the owner for me... ;-)


    And I'm still going to disagree with you here, simply based on the following question and answer.

    When did either Trevor or Matthew -not- publically announce an acquisition for both PR and practical purposes?

    Answer: never...until this one, if it is as you say...

    #6


    Okay, fair enough observation, but here is another question for you to ponder. If Trevor did not purchase ExecSG, who did? Cloanto?

    And why would anyone besides Trevor (who is trying to walk a tightrope and not offend any of the parties he needs to support his company, or who he wants to support because of his friendship with them) hide the fact that they have purchased ExecSG? I think it is clear that someone bought ExecSG, as announced by the ExecSG developer(s). Perhaps I need to research the quotes regarding the sale more carefully before I comment on this topic ..... nah, why would I waste my time doing that?
    MorphOS - The best Next Gen Amiga choice.
  • »11.10.19 - 17:31
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    number6
    Posts: 480 from 2008/8/10
    @amigadave

    Good idea. Research.

    Why ask the guy who says he'll answer any questions as best as he can. That would be too easy. heh.

    Quote:

    If you have any questions, please post them below and I’ll do my best to answer them.

    Steven Solie
    Amiga DevCon 2019 Coordinator


    #6
  • »11.10.19 - 17:40
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    Andreas_Wolf
    Posts: 12085 from 2003/5/22
    From: Germany
    > someone bought ExecSG, as announced by the ExecSG developer(s). Perhaps
    > I need to research the quotes regarding the sale more carefully

    I must have missed both the announcement and the quotes.
  • »11.10.19 - 17:44
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > someone bought ExecSG, as announced by the ExecSG developer(s). Perhaps
    > I need to research the quotes regarding the sale more carefully

    I must have missed both the announcement and the quotes.


    Quote:

    The Exec SG kernal is under development! Now the exclusive property of A-EON Technologies Ltd., the Exec SG kernal is being extended and tested by a team of well-qualified developers.

    Source October 21, 2019

    Quote:

    A-EON Technology Ltd does not own ExecSG. Period!

    Source March 16, 2019

    I suppose "Now" is the key word here?

    #6
  • »22.10.19 - 13:46
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    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    number6 wrote:

    I suppose "Now" is the key word here?




    A_W often ignores the forest for the trees. Everyone looking at the situation objectively KNEW A-Eonkit owned ExecSG. All the signs were there. Finally getting confirmation should surprise no one.

    Unless you are a American Football fan, you may not get the reference. This reminds me of 2006 when Nick Saban was the coach of the Miami Dolphins (pro team). There were rumors he was going to quit after the season and go coach Alabama (college team). He did interviews and was asked about this, and he kept denying it. He even infamously looked at the camera and said straight up "I WILL NOT BE ALABAMA'S COACH".

    Season ended, he immediately quit and was immediately hired by Alabama.

    It reminds me of this situation here. The South Florida media was just reporting what Saban's words were, ignoring anything outside or any obvious facts. Outside of the South Florida media market, things were different. I happened to be living in Alabama at the time. The local Alabama media was assuring their viewers that Saban would indeed sign, it was a done deal, he just had to lie to the South Florida media for the time being.

    I knew for a fact Saban was leaving. I knew for a fact A-Eonkit owned ExecSG. Water is wet, obvious is obvious.

    [ Edited by redrumloa 22.10.2019 - 10:08 ]
  • »22.10.19 - 15:07
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    KennyR
    Posts: 874 from 2003/3/4
    From: #AmigaZeux, Gu...
    "ExecSG_AEon is the next version of the ExecSG_Hyperion, it's a total rewrite of the kernel. It's brand new from the ground up, rewritten for the Tabor hardware. And it's bloody fast. It's currently in beta testing at 20 external sites, and it's just about ready to go – in three more weeks. The components are ready, we just have to plug them together and go."

    - Trevor Dickinson, the new Bill McEwen

    I don't know what made me laugh harder, Trev finally being outed as a bullshitter or all the bullshit claims in what it will do next, like 64-bit support, multicore, and 100% compatibility. And a free unicorn with every copy.
  • »22.10.19 - 17:56
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    Stevo
    Posts: 889 from 2004/1/24
    From: #AmigaZeux
    Quote:

    KennyR wrote:
    "ExecSG_AEon is the next version of the ExecSG_Hyperion, it's a total rewrite of the kernel. It's brand new from the ground up, rewritten for the Tabor hardware. And it's bloody fast. It's currently in beta testing at 20 external sites, and it's just about ready to go – in three more weeks. The components are ready, we just have to plug them together and go."

    - Trevor Dickinson, the new Bill McEwen

    I don't know what made me laugh harder, Trev finally being outed as a bullshitter or all the bullshit claims in what it will do next, like 64-bit support, multicore, and 100% compatibility. And a free unicorn with every copy.


    You forgot to mention the ultratrapping and emulation of fpu code, making it actually faster in most cases!!!!11
    ---
    http://www.iki.fi/sintonen/logs/its_only_football.txt
  • »22.10.19 - 18:03
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    Andreas_Wolf
    Posts: 12085 from 2003/5/22
    From: Germany
    >>>> someone bought ExecSG, as announced by the ExecSG developer(s). Perhaps
    >>>> I need to research the quotes regarding the sale more carefully

    >>> I must have missed both the announcement and the quotes.

    >> Source October 21, 2019 [...]
    >> I suppose "Now" is the key word here?

    > A_W often ignores the forest for the trees.

    Wrong as you often are. There simply were no announcements to ignore, or can you link to one? And what "the quotes regarding the sale" of ExecSG actually said is linked to in the comment you just replied to.

    > Everyone looking at the situation objectively KNEW A-Eonkit owned ExecSG.

    Wrong again. Most onlookers have deemed it plausible that Trevor Dickinson had not lied (when he claimed A-Eon didn't own ExecSG) but instead had purchased ExecSG as an individual. But who knows, maybe this is even what happened and he only "now" (touted as the supposed key word in the comment you just quoted) resold ExecSG to A-Eon? Or maybe the actual sale by the Friedens simply happened after he made his claim (note that he said "does not own", not "won't ever own")? I hope he will clarify his March 2019 statement and how long "now" reaches back.

    > [...] reporting what [...]'s words were, ignoring [...] any obvious facts.

    My reporting of Trevor Dickinson claiming A-Eon didn't own ExecSG was true and will remain true forever. I never reported A-Eon didn't own ExecSG. See the difference?

    > I knew for a fact A-Eonkit owned ExecSG.

    So you claim that Trevor Dickinson lied back in March?
  • »22.10.19 - 18:14
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