Cloanto sues Hyperion
  • Yokemate of Keyboards
    Yokemate of Keyboards
    amigadave
    Posts: 2794 from 2006/3/21
    From: Northern Calif...
    re-reading documents to correct this post.


    Okay, I think I understand what has happened. The original case number(s) have been "terminated", because they have all been consolidated into a new case number, and assigned to judge Martinez, in the State of Washington.

    At first, your quote above "Status:terminated July 30, 2018" confused me, but I think I have it straight now.

    [ Edited by amigadave 03.08.2018 - 09:40 ]
    MorphOS - The best Next Gen Amiga choice.
  • »03.08.18 - 17:33
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    TheMagicM
    Posts: 1217 from 2003/6/17
    I'm just glad that the OS I support isnt caught up in this legal mess.
  • »03.08.18 - 19:35
    Profile Visit Website
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12085 from 2003/5/22
    From: Germany
    > The original case number(s) have been "terminated", because they have all been consolidated
    > into a new case number, and assigned to judge Martinez, in the State of Washington.

    Only the older case number (Cloanto vs. Hyperion) has been terminated, because that case has been consolidated with the newer case (Hyperion vs. Itec, Amiga, Amino, Cloanto). The case number of the consolidated cases is that of the newer case, which has been assigned to judge Martinez in the State of Washington all along.
  • »03.08.18 - 23:36
    Profile
  • Caterpillar
    Caterpillar
    outrun1978
    Posts: 28 from 2018/7/8
    Whilst this was an interesting read it Would be nice to know the source of the witness to these conversations don’t you think?
  • »06.08.18 - 13:59
    Profile
  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    Stevo
    Posts: 889 from 2004/1/24
    From: #AmigaZeux
    Quote:

    outrun1978 wrote:
    Whilst this was an interesting read it Would be nice to know the source of the witness to these conversations don’t you think?


    We need a professional
    ---
    http://www.iki.fi/sintonen/logs/its_only_football.txt
  • »06.08.18 - 15:31
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    number6 wrote:
    @thread

    for update

    #6



    I haven't been to either A-Eonkit corporate site for years. When did Matt from A-Eonkit start openly badmouthing Hyperion?

    Indeed, and in 2011 Amiga Kit funded the development of Classic Kernel for 4.1 to get the product to market. Hyperion told us at the time that it would not have had happened if we did not do this. In return for this we were given an exclusive 10 year contract until 2021 to manufacture, distribute and resell 4.1 Classic. It was quite a shock to us and our customers when 4.1 Classic FE suddenly appeared out of the blue at the end of 2014.

    It is all crashing down. I'm just amazed that dog and pony show lasted until 2018.
  • »06.08.18 - 17:05
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    redrumloa wrote:
    Quote:

    number6 wrote:
    @thread

    for update

    #6



    I haven't been to either A-Eonkit corporate site for years. When did Matt from A-Eonkit start openly badmouthing Hyperion?

    Indeed, and in 2011 Amiga Kit funded the development of Classic Kernel for 4.1 to get the product to market. Hyperion told us at the time that it would not have had happened if we did not do this. In return for this we were given an exclusive 10 year contract until 2021 to manufacture, distribute and resell 4.1 Classic. It was quite a shock to us and our customers when 4.1 Classic FE suddenly appeared out of the blue at the end of 2014.

    It is all crashing down. I'm just amazed that dog and pony show lasted until 2018.


    Did you read the .pdf in my link?

    #6
  • »06.08.18 - 17:30
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    number6 wrote:
    Did you read the .pdf in my link?

    #6




    The Amiga32 meeting report? Yes, it confirms the level of dysfunction all around. But it was mostly the exchange between Cloanto and Hyperion. Matt from A-Eonkit was not there, and Trevor is only referenced a few times. The last time Trevor is mentioned he seems to be speaking on behalf of Hyperion. I don't see anything specific in there why Matt would suddenly openly badmouth Hyperion.

    Don't get me wrong, I'm not surprised at all that things have soured. It seemed pretty obvious years back things had soured, but at least publicly Matt would claim things were great.

    [ Edited by redrumloa 06.08.2018 - 13:04 ]
  • »06.08.18 - 18:03
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    redrumloa wrote:
    Quote:

    number6 wrote:
    Did you read the .pdf in my link?

    #6




    The Amiga32 meeting report? Yes, it confirms the level of dysfunction all around. But it was mostly the exchange between Cloanto and Hyperion. Matt from A-Eonkit was not there, and Trevor is only referenced a few times. The last time Trevor is mentioned he seems to be speaking on behalf of Hyperion. I don't see anything specific in there why Matt would suddenly openly badmouth Hyperion.

    Don't get me wrong, I'm not surprised at all that things have soured. It seemed pretty obvious years back things had soured, but at least publicly Matt would claim things were great.


    Current

    Prior to this he has written about the ethernet driver and other issues, so this is not brand new behavior.

    #6
  • »06.08.18 - 18:14
    Profile
  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    KennyR
    Posts: 874 from 2003/3/4
    From: #AmigaZeux, Gu...
    Everyone who has ever done business with Ben has been shafted. Everyone. Even other directors of Hyperion. "Ben never told me that" seems to be a common refrain in Hyperion who has suddenly been approached by an irate victim of company practices. He only shares out blame, never responsibility.

    Remember that time way way back when Hyperion failed to sell enough of Shogo: MAD to recoup development costs? And decided to sue Titan Computer for "not trying hard enough to market and distribute it" to get the money back that way instead? That should have been a warning.

    "AmigaKit, we'll sell you a perpetual license to market and sell OS4.2 for Classic. Oh by the way, last version was the last version, so you'll never get back what you paid for it. Hard luck, but them's the breaks."

    No wonder everyone hates him.
  • »06.08.18 - 18:27
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2720 from 2003/2/24
    Quote:

    number6 wrote:

    Did you read the .pdf in my link?



    LOL! :lol:

    Your links, PDF's and links to PDF's across various threads in various forums kind of accumulates... ;-)
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »06.08.18 - 19:07
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2720 from 2003/2/24
    Quote:

    KennyR wrote:
    Everyone who has ever done business with Ben has been shafted. Everyone. Even other directors of Hyperion. "Ben never told me that" seems to be a common refrain in Hyperion who has suddenly been approached by an irate victim of company practices. He only shares out blame, never responsibility.

    Remember that time way way back when Hyperion failed to sell enough of Shogo: MAD to recoup development costs? And decided to sue Titan Computer for "not trying hard enough to market and distribute it" to get the money back that way instead? That should have been a warning.

    "AmigaKit, we'll sell you a perpetual license to market and sell OS4.2 for Classic. Oh by the way, last version was the last version, so you'll never get back what you paid for it. Hard luck, but them's the breaks."

    No wonder everyone hates him.


    +1

    It's mind-boggling that there actually still are people who don't see Ben Hermans for what he really is.

    An interesting case for psychology researchers?
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »06.08.18 - 19:21
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    takemehomegrandma wrote:
    Quote:

    number6 wrote:

    Did you read the .pdf in my link?



    LOL! :lol:

    Your links, PDF's and links to PDF's across various threads in various forums kind of accumulates... ;-)


    My apologies. heh.

    btw, anything new in the following since your last translation?

    latest filing

    #6
  • »06.08.18 - 19:26
    Profile
  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    KennyR
    Posts: 874 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    takemehomegrandma wrote:
    It's mind-boggling that there actually still are people who don't see Ben Hermans for what he really is.

    An interesting case for psychology researchers?


    The word that's been doing the rounds, apparently from "high up figures" is psychopath. Which was what I labeled him as more than 14 years ago.

    Not the axe-wielding violent Norman Bates stereotype, you understand. There are hard-nosed businessmen in the world who can turn a deal at another's expense by bending the rules a bit and savour the victory, but to cynically exploit people who are actively trying to help you, takes a complete lack of shame, empathy or understanding of right and wrong that strays into the territory of a psychopath.

    People acting in good faith, acting altruistically for the good of the Amiga platform or cooperatively with others within it, have always been Ben's preferred victims and devoured with an avid eagerness. For most people, even if they absolutely had to shaft someone over to survive, would probably feel terrible about and be wracked by their conscience until the end of their days. Not the psychopath. To you, the day they came and razed your village was the biggest day in your life. For them, it was Tuesday.
  • »06.08.18 - 19:46
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2720 from 2003/2/24
    @number6

    Quote:

    btw, anything new in the following since your last translation?


    No, nothing new IMO. I think it shows that it's business as usual for Hyperion. Meaning: Not Much Business At All!

    Income report continue to show negative income. Hyperion's main asset (the intangible assets) has one more linear write-down of EUR €35 847 to go (read: fiscal year 2018) before it's almost completely zeroed out and only €1 200 remains in that category. It seems like the cost for this asset (whatever it was that was acquired/paid for 3 years earlier for EUR €143 389), as well as other running costs of the company over the years, has been paid for by what is constantly being booked as an annually ever-growing EUR €467 704 (this report, €500K+ next report) short-term "other debts", and not by business operation. Just like before, I interpret this debt as that the owners has paid (and are paying) for everything out of their own pockets, and that Hyperion can't self-sustain as a company, and hasn't been able to do so for many years (ever?). Anyone, feel free to correct me on this! :-)

    Edit:
    Does anyone know the Belgian legislation regarding the "limited liability" of limited liability companies? In Sweden, limited liability companies may continue to operate when assets runs below 50% of the issued share capital, but then the "limited liability" is replaced with *full* liability.

    Edit 2:
    There are IMHO a few things in these reports that make them seem "corrected". The somewhat linear development across years (not talking about linear write-downs), almost the same sums from year to year, same posts merely slightly edited, etc. One plausible explanation would be that there hasn't been any activity to speak of during these years. But I think it has. I think they are juggling with the numbers. They are *years* late in submitting these reports, they are now submitting *anything* in order to escape being banned from business, and they are de-facto writing the reports *themselves* without any oversight from external, professional auditors. External auditors are normally a key component in the "limited liability" concept. This, in combination with the (from elsewhere) reported suspicious/fraudulent business practices. Well, time will tell I suppose...
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »06.08.18 - 23:07
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    takemehomegrandma wrote:
    @number6

    Quote:

    btw, anything new in the following since your last translation?


    No, nothing new IMO. I think it shows that it's business as usual for Hyperion. Meaning: Not Much Business At All!

    Income report continue to show negative income. Hyperion's main asset (the intangible assets) has one more linear write-down of EUR €35 847 to go (read: fiscal year 2018) before it's almost completely zeroed out and only €1 200 remains in that category. It seems like the cost for this asset (whatever it was that was acquired/paid for 3 years earlier for EUR €143 389), as well as other running costs of the company over the years, has been paid for by what is constantly being booked as an annually ever-growing EUR €467 704 (this report, €500K+ next report) short-term "other debts", and not by business operation. Just like before, I interpret this debt as that the owners has paid (and are paying) for everything out of their own pockets, and that Hyperion can't self-sustain as a company, and hasn't been able to do so for many years (ever?). Anyone, feel free to correct me on this! :-)

    Edit:
    Does anyone know the Belgian legislation regarding the "limited liability" of limited liability companies? In Sweden, limited liability companies may continue to operate when assets runs below 50% of the issued share capital, but then the "limited liability" is replaced with *full* liability.

    Edit 2:
    There are IMHO a few things in these reports that make them seem "corrected". The somewhat linear development across years (not talking about linear write-downs), almost the same sums from year to year, same posts merely slightly edited, etc. One plausible explanation would be that there hasn't been any activity to speak of during these years. But I think it has. I think they are juggling with the numbers. They are *years* late in submitting these reports, they are now submitting *anything* in order to escape being banned from business, and they are de-facto writing the reports *themselves* without any oversight from external, professional auditors. External auditors are normally a key component in the "limited liability" concept. This, in combination with the (from elsewhere) reported suspicious/fraudulent business practices. Well, time will tell I suppose...


    Thank you for putting in the effort on this, and the prior filings.

    #6
  • »07.08.18 - 14:16
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    takemehomegrandma wrote:
    Jim, there is a difference between the ”Checkmark Branch” 3.1 and the ”Boing Ball Branch” 3.1.

    Some tries desperately to ignore this historical fact, but that doesn’t make it less true.

    Cloanto are the registered owners of Commodore Copyrights, 0.7-3.1. They do what they want with it, as they have been doing with ”Workbench 3.X” since... what, 1.5 decade? Longer? Currently 3.X is largely what AmigaOS 3.9 was.

    What Hyperion has been using (with permission) is Olsens ”3.1” sources, whose main feature is that it largely is a port/rewrite for more modern programming languages and toolchains. Just like AROS and MorphOS it provides 3.1 API using source code and toolchains that *does not* compile the Commodore 3.1 binaries, but is cleaned and more suitable for further development. Main difference is that MorphOS/AROS is clean room while Olsen had access to the Commodore sources while writing/porting it, which ”polluted” it with Commodore IP. The implications of this is yet to be seen.

    But please be aware that there are two ”3.1”; the ”Checkmark Branch” and the ”Boing Ball Bramnch”.

    Cloanto fully owns the first one.

    Olsen and Cloanto owns the second one.

    Amiga Inc owns nothing.


    Update on 3.1.4

    #6
  • »07.08.18 - 15:50
    Profile