Cloanto sues Hyperion
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    number6 wrote:
    Quote:

    Andreas_Wolf wrote:
    > 2015 is not before the infringement started

    It is, according to Cloanto's statements in the complaint. 2016 is when the infringement started according to Cloanto. I'm sure you understand that I take Cloanto's word over yours in this matter.


    I always found what follows to have been potentially troublesome, especially given the lawsuit filing:

    Manomio

    Links within the above posting no longer function, so:
    The announcement by Hyperion

    The public story on Manomio

    Given the dates, I'd say (choose whichever term you like -"disagreements" or "infringements") began much earlier than what the lawsuit publically indicates. We shall see.

    (replaced Hyperion blog link with Hyperion home page link)

    #6


    Just a note since it's sometimes useful to compare information in posts with what is later revealed.
    While a general thumbs down without comment was given by Hyperion to the Amiga32 show notes released by Amiga Documents, there seems to at least be statements that support what I wrote above.

    Source for show notes
    Hyperion response to show notes

    #6
  • »13.08.18 - 15:08
    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...
    Hyperion went into Amiga games, and failed, and managed to sue an Amiga-game distributor in the process. They went into Linux games and MacOS games, and failed. They went into the NG PPC AmigaOS business, and failed, and managed to cause enormous damage to everyone and pretty much sink the whole platform with their regressive approach (trying to flog some Chinese developer board as teh new Aimga!!!) and soured what was left the community with endless attacks on competitors.

    Now retro Amiga seems to be blooming again, I don't want Hyperion's incompetence, hubris or aggressive exploitation anywhere near it. They've destroyed enough already. Sooner they're gone the better.
  • »13.08.18 - 15:45
    Profile
  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Quote:

    KennyR wrote:
    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...


    The term you are looking for is sociopath, not psychopath.
    "Never attribute to malice what can more readily explained by incompetence"
  • »13.08.18 - 16:25
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    Jim wrote:
    Quote:

    KennyR wrote:
    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...


    The term you are looking for is sociopath, not psychopath.




    Just to be clear again. My point in posting was to point out a discernable difference between what Hyperion is telling people (supporters perhaps) vs what the show notes are illustrating:

    Quote:

    Hyperion Entertainment is perplexed by the recent litigious attitude of Cloanto

    Source

    vs what those Amiga32 show notes and the Manomio story clearly illustrate as perceived abuse of IP barely after the ink was dry on the Amiga Inc. vs Hyperion VOF settlement.


    #6
  • »13.08.18 - 16:45
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    KennyR wrote:
    Now retro Amiga seems to be blooming again, I don't want Hyperion's incompetence, hubris or aggressive exploitation anywhere near it. They've destroyed enough already. Sooner they're gone the better.


    True, the number of Amiga Classic computers equipped with a Vampire board dwarfs any of the AROS/MorphOS/OS4 user bases. I'd bet in the next couple years it will probably dwarf all 3 of them combined.

    I'd love to see a MorphOS 68k release. I have a Vampire 500 now, but going back to OS3.9 after using MorphOS for so long is not appealing.



    [ Edited by redrumloa 13.08.2018 - 11:52 ]
  • »13.08.18 - 16:51
    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:

    Jim wrote:
    The term you are looking for is sociopath, not psychopath.



    No. A psychopath is a narcissist with superficial charm who has no problem in getting people to believe they are a nice guy, despite their complete lack of empathy and constant self-aggrandisement. A sociopath just pulls his dick out in the middle of company and starts going at it when they feel like it, and just doesn't care what anyone else thinks. Guess which one of those two would be best for being a lawyer.
  • »13.08.18 - 17:08
    Profile
  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Quote:

    KennyR wrote:
    Quote:

    Jim wrote:
    The term you are looking for is sociopath, not psychopath.



    No. A psychopath is a narcissist with superficial charm who has no problem in getting people to believe they are a nice guy, despite their complete lack of empathy and constant self-aggrandisement. A sociopath just pulls his dick out in the middle of company and starts going at it when they feel like it, and just doesn't care what anyone else thinks. Guess which one of those two would be best for being a lawyer.


    No, a psychopath is someone who is divorced from common reality.
    And a sociopath would not do what you've describe, rather he'd do that on your daughters face behind your back.
    The description you apply to psychopath works quite well for sociopath.

    Or you can simplify it to being two faced.

    [ Edited by Jim 13.08.2018 - 15:01 ]
    "Never attribute to malice what can more readily explained by incompetence"
  • »13.08.18 - 18:32
    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:

    Jim wrote:
    No, a psychopath is someone who is divorced from common reality.


    No, that's a psychotic.
  • »13.08.18 - 19:14
    Profile
  • ASiegel
    Posts: 1370 from 2003/2/15
    From: Central Europe
    Quote:

    redrumloa wrote:
    Quote:

    KennyR wrote:
    Now retro Amiga seems to be blooming again, I don't want Hyperion's incompetence, hubris or aggressive exploitation anywhere near it. They've destroyed enough already. Sooner they're gone the better.

    True, the number of Amiga Classic computers equipped with a Vampire board dwarfs any of the AROS/MorphOS/OS4 user bases. I'd bet in the next couple years it will probably dwarf all 3 of them combined.

    Actually, some people have claimed that AROS had accumulated huge download numbers over the years. If they are right, it does show that a theoretically big install base may have limited value afterall. Quantity vs. quality. One-time testers vs. frequent users who are heavily invested and engaged. And so on.

    Speaking of which, if a sizable amount of Vampire owners would be seriously interested in more than retro gaming, one would assume they would invest time and funds in getting AROS 68k improved but that does not seem to be happening.

    Quote:

    I'd love to see a MorphOS 68k release.

    Unless a Vampire fan wins the lottery and pays (market rates) for the development, that seems highly unlikely to happen. If someone ever succeeds at porting Odyssey to the hardware, you will understand why.

    Quote:

    I have a Vampire 500 now, but going back to OS3.9 after using MorphOS for so long is not appealing.

    I feel the same way. MorphOS on PowerPC Macs is about as retro as I am willing to go with regard to common desktop computing uses.
  • »13.08.18 - 19:29
    Profile
  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Quote:

    KennyR wrote:
    Quote:

    Jim wrote:
    No, a psychopath is someone who is divorced from common reality.


    No, that's a psychotic.


    Right, because psychopaths are psychotic.
    "Never attribute to malice what can more readily explained by incompetence"
  • »13.08.18 - 20:02
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    Intuition
    Posts: 1110 from 2013/5/24
    From: Nederland
    https://youtu.be/6dv8zJiggBs
    1.67GHz 15" PowerBook G4, 1GB RAM, 128MB Radeon 9700M Pro, 64GB SSD, MorphOS 3.15

    2.7GHz DP G5, 4GB RAM, 512MB Radeon X1950 Pro, 500GB SSHD, MorphOS 3.9
  • »13.08.18 - 21:50
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12080 from 2003/5/22
    From: Germany
    > Hyperion [...] managed to sue an Amiga-game distributor in the process.

    The bad blood between Hyperion and Titan over low Shogo sales figures (especially on Linux) is well known, but is there any reliable source for any actual lawsuit between the parties?

    > trying to flog some Chinese developer board as teh new Aimga!!!

    It was Alan Redhouse (Eyetech) who had the idea to directly use the Teron boards as designed by Bill Mueller in Fremont, California :-)
  • »13.08.18 - 22:55
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    It was Alan Redhouse (Eyetech) who had the idea to directly use the Teron boards as designed by Bill Mueller in Fremont, California :-)


    You have any citations that show the AmigaOne SE was anything other than a Teron evaluation board with a boing sticker slapped on it?
  • »14.08.18 - 05:08
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12080 from 2003/5/22
    From: Germany
    >>> trying to flog some Chinese developer board as teh new Aimga!!!

    >> It was Alan Redhouse (Eyetech) who had the idea to directly use
    >> the Teron boards as designed by Bill Mueller in Fremont, California :-)

    > You have any citations that show the AmigaOne SE was anything other
    > than a Teron evaluation board with a boing sticker slapped on it?

    Huh? Why should I have citations for things I never claimed? Again, what I claimed in reply to the quoted text is just this, nothing else:

    1. The Teron-based AmigaOnes were sold by Eyetech, not by Hyperion.
    2. The "Chinese developer board" was designed by a US citizen in the US.

    And yes, I have citations for these two claims.
  • »14.08.18 - 12:36
    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:

    Andreas_Wolf wrote:
    It was Alan Redhouse (Eyetech) who had the idea to directly use the Teron boards as designed by Bill Mueller in Fremont, California :-)


    Wasn't so much an idea as an act of desperation. Both Eyetech and Hyperion had been looking to Escena to produce the AmigaONE. We'll never know how Eyetech found the Teron instead - perhaps looking through a catalogue of PPC evaluation boards until something came up that was similar to Escena's planned board. Except in price, of course. It turned out to be a LOT more expensive than Hyperion had been telling people (no more expensive than PPC accelerator boards, I believe Ben said.)

    A lot of previous marketing suddenly went quiet, most of which has been lost to time and is no longer on the internet. Tales of Alan distributing A4 printouts at Amiga shows warning people of the buggy Articia - before he adopted a board with it. AmigaONEs being able to plug in A1200s so you could still play your games. And lots of other nonsense.

    In short, both Eyetech and Hyperion painted themselves into a corner and only got out by punching a hole in the wall, through which most of the market escaped.
  • »14.08.18 - 13:51
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    Spectre660
    Posts: 275 from 2015/6/30
    Plenty of failed hardware in Amiga history.
    Including some which some of the highest regarded Amiga engineers worked on .
    So It can even happen to the best .
    AmiJoe anyone ?

    [ Edited by Spectre660 14.08.2018 - 10:50 ]
  • »14.08.18 - 14:49
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    Spectre660 wrote:
    Plenty of failed hardware in Amiga history.
    Including some which some of the highest regarded Amiga engineers worked on .
    So It can even happen to the best .
    AmiJoe anyone ?


    I am certain that this thread could use an update:

    Help compile giant list of Amiga hardware vapor

    #6
  • »14.08.18 - 15:06
    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:

    Spectre660 wrote:
    Plenty of failed hardware in Amiga history.
    Including some which some of the highest regarded Amiga engineers worked on .
    So It can even happen to the best .
    AmiJoe anyone ?


    And they failed for exactly the same reasons. PPC is dead. Dead dead dead. Dead dead dead dead DEAD. Deader than disco. Deader than bright green nylon shirts. Dead dead x100000 dead.

    For PPC accelerators, nobody had the technical knowledge of Phase5, and their 603e/604e designs were already pushing the physical constraints of an accelerator board. Phase5 ran a business making accelerators for Macs. Nobody else did. When they went bankrupt, anyone who tried to follow them was doomed to fail. And even had they not, there's just so much you can cram onto an accelerator.

    For full boards, it's because of lack of reliable support chipsets. Apple designed its own and didn't sell them on. It didn't help that Freescale went the SoC route. It helped even less when Apple decided to go x86. That should have been a final message that PPC was dead and it was time to move on. But no, Hyperion had to keep flogging a dead horse, and A-Eon got in on the action. "Hey, this board isn't supported well enough. Time to make a new one and support it even less!"

    Now, Hyperion finally realised PPC is dead dead dead dead, so decided they want to muscle in on the recovering retro scene, hence this legal squabble. Whether they're hoping damages from Cloanto will pay their debts or whether they hope to make profits squeezing this market, or the good of everyone, they must fail. They'll destroy retro like they destroyed everything else they touched.
  • »14.08.18 - 16:19
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    Spectre660
    Posts: 275 from 2015/6/30
    Topic from Debian Ports on irc :

    0:52:27] [Topic] General ports development chat | Please port your packages! | What is dead may never die | https://www.ports.debian.org https://wiki.debian.org/Ports https://www.debian.org/ports/ https://cdimage.debian.org/cdimage/ports/ | archive runs at 06:02, 12:02, 18:02, 00:02 UTC
  • »14.08.18 - 16:24
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    Spectre660 wrote:
    Topic from Debian Ports on irc :

    0:52:27] [Topic] General ports development chat | Please port your packages! | What is dead may never die | https://www.ports.debian.org https://wiki.debian.org/Ports https://www.debian.org/ports/ https://cdimage.debian.org/cdimage/ports/ | archive runs at 06:02, 12:02, 18:02, 00:02 UTC


    Unlike AW you seemingly don't get a clickable link here.

    Try:
    left bracket
    url=
    paste link
    right bracket
    enter text of your choice
    left bracket
    "/"
    url
    right bracket

    #6
  • »14.08.18 - 16:43
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12080 from 2003/5/22
    From: Germany
    > We'll never know how Eyetech found the Teron instead - perhaps
    > looking through a catalogue of PPC evaluation boards until
    > something came up that was similar to Escena's planned board.

    ...or by performing industrial espionage on bplan in order to learn what they were developing the Pegasos from ;-)

    > Alan [...] warning people of the buggy Articia - before
    > he adopted a board with it.

    This recollection is flawed. Eyetech's warning started only *after* they adopted the Teron PX, with the allegedly fixed A660BNGE, as the AmigaOne XE, as opposed to the older A660BNGP part used on the Pegasos (and the Teron CX / AmigaOne SE). bplan managed to keep their northbridge a secret for a long time prior to the Pegasos (betatester) release (and even disputed to use the Articia S when inquired about it by Nathaniel "downix" Downs). It was only after Eyetech abandoned Escena and adopted the Teron CX as AmigaOne SE that bplan revealed they were using this same chip and that it was buggy (yes, bplan/MorphOS people were the first to informally disclose warnings of the chip, which got discussed on ann.lu at the time, not Eyetech, albeit Eyetech were the first to issue a formal press release weeks later, mentioning "a small problem" with the chip and usage of the chip "with fix"), thus requiring the April fix developed during the following months.
  • »14.08.18 - 17:23
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12080 from 2003/5/22
    From: Germany
    >> Plenty of failed hardware in Amiga history. Including some which some
    >> of the highest regarded Amiga engineers worked on . So It can even
    >> happen to the best . AmiJoe anyone ?

    > they failed for exactly the same reasons. PPC is dead.

    That's not the reason most of these projects failed a decade to two ago. As for the AmiJoe in particular, you can read up on its failure there.

    > For PPC accelerators, nobody had the technical knowledge of Phase5

    Thomas Rudloff, the AmiJoe developer, came from Phase 5 where he co-developed the CSPPC and BPPC, for instance.

    > Phase5 ran a business making accelerators for Macs. Nobody else did.

    This claim is laughable. Phase 5 were one of at least about 15 companies doing so, and by far not the first one at that.

    http://www.macinfo.de/tuning/cpuupgr.html
    https://everymac.com/upgrade_cards/by_manufacturer/

    > For full boards, it's because of lack of reliable support chipsets.
    > Apple designed its own and didn't sell them on. It didn't help that
    > Freescale went the SoC route.

    The SoC route at least potentially helped with the alleged lack of reliable support chipsets ;-) And I think there were reliable G3/G4 support chipsets made by IBM, Motorola/Tundra and Galileo/Marvell, as well as G5 support chipsets made by IBM (as used by Apple) and Marvell. After all, how was it possible to build high-reliability systems with these CPUs if that wasn't the case? It's just that there were never reliable support chipsets featuring AGP (which was deemed a requirement for desktop systems pre-2003), as they went straight from PCI(-X) to PCIe in 2005/2006.

    > A-Eon got in on the action.

    Don't forget ACube :-)

    > "Hey, this board isn't supported well enough. Time to make a new one
    > and support it even less!"

    You would be surprised by Costel "Cyborg" Mincea's os4welt.de comments on A-Eon's board release strategy ;-)
  • »14.08.18 - 18:50
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    number6 wrote:
    Quote:

    Spectre660 wrote:
    Plenty of failed hardware in Amiga history.
    Including some which some of the highest regarded Amiga engineers worked on .
    So It can even happen to the best .
    AmiJoe anyone ?


    I am certain that this thread could use an update:

    Help compile giant list of Amiga hardware vapor

    #6


    Wow, it's been over 7 years since that was updated and probably nearly that long since I logged into to either AO or AWN. If that list is ever to be expanded upon, it will either be here or by others.
  • »14.08.18 - 19:25
    Profile