> Amino gave Hyperion the right to distribute an IP that they never
> properly owned, that they had moved away by shell games and
> had already sold an exclusive license to another party.

"Exclusive license to another party" before 2001 (or 2009)?

@thread

Somewhat amusing:

another change?

starting with post #423

#6

Quote:

Changing the copyright text from exclusive to "developed under licence" on-the-fly? Sounds like the sort of change that couldn't wait for a bugfix release, even if it broke everything that relied on a checksum. Not an innocent one, nor one that inspires confidence that Hyperion are anything but shysters. (Not that we didn't know that already, of course, with the OS4 sale-by-paypal account scandal.)

But does this mean that people with earlier downloads of 3.1.4 have illegal copies and will get refunds? :)

3.1.4.1
3.1.4.2

> Changing the copyright text from exclusive

"All Rights Reserved".

> OS4 sale-by-paypal account scandal

Any details?

> does this mean that people with earlier downloads of 3.1.4 [...] will get refunds? :)

Maybe they can re-download the current version.

> The Avangate link for 3.1.4 went down on Hyperion's website,
> to be replaced by a totally different pay company, MyCommerce.

Hyperion's stance on this:

https://www.amigafuture.de/viewtopic.php?p=65671#65671

Quote:

And after:

changing text

clarification

It's apparent the entire matter is still in a state of flux.

#6

Well, there's the reason for the legal barf added before download when they changed e-sellers. Hyperion think they now are protected by saying it's only legal to use 3.1.4 on a system which already came with a legal copy of AmigaOS, and therefore anyone who uses it for an emulator or suchlike is breaking the law of their own volition.

Which is, a bit at least, like selling someone a firearm without a license and forcing the buyer to agree to the fact if they shoot anyone in the face with it, it's not your fault for selling it to them without a license.

Then they claim that the opposition want to close off their income source. Well no shit - that's why they sued you Hyperion, they claim your money source is illegal!

Thor and Olaf, what have you gotten yourselves into? And thrown AmigaOS into?

And I'm not a lawyer, but this...

Quote:

The clearest it could have been is actually say, in those words: "Hyperion Entertainment retain all necessary rights to publish AmigaOS variants based on the original AmigaOS 3.1, irrespective of the version number used."

It doesn't. So that claim fails even on the most basic of logic tests.

@KennyR:

It's right there in paragraph 1b of the agreement: Hyperion has an exclusive right to "use, develop, modify, commercialize, distribute and market the Software in any form, on any medium, through any means, and for any current or future hardware platform." And then it goes on to specifically restrain Amino from licencing those rights to any other companies (which would include Cloanto).

[ Edited by Minuous 27.10.2018 - 04:27 ]

Quote:

At first it looks like it, then it contradicts itself.

Without prejudice to any Existing License Agreements listed on Exhibit 1, the
Amiga Parties hereby grant Hyperion (at Hyperion's sole expense) an exclusive,
perpetual, worldwide and royalty-free, transferable right and Object Code and
Source Code license to the Software in order to use, develop, modify,
commercialize, distribute and market the Software in any fonn (including through
sublicensing), on any medium (now known or otherwise), through any means
(including but not limited to making AmigaOS 4 available to the public via the
internet) and for any current or future hardware platfonn. For the avoidance of
doubt with respect to the exclusive nature of the license granted to Hyperion for
the Software (but without prejudice to any Existing License Agreements listed on Exhibit 1)

So yeah, not written in the clearest way possible.

[ Edited by KennyR 26.10.2018 - 18:31 ]

Quote:

Interesting rebuttal bottom of page

#6

Yes, without prejudice to the "rights sufficient to support Amiga Forever, including emulation modules" (p. 15), similar in scope to the rights granted to Ironstone Partners, Envizions, eGames, and other companies. Not an exclusive right to anything.

[ Edited by Minuous 27.10.2018 - 04:34 ]

Quote:

That isn't a rebuttal. That's someone giving Amiga Future a telling off for bipartisanship and shitty journalism.

Someone should tell him that AF isn't intended to be journalistic or accurate. It's an advertising pamphlet.

@thread

wild day in amigalegalworld

#6

@thread

And this:

Amiga Inc. is back

#6

Well, that's Hyperion finished. They really have no chance now, with the actual legal holders of the IP back in business... err, whatever that "business" actually was. And with some mysterious (and no doubt horrendously unethical) money spring, it's only a matter before they pummel the debt-ridden Belgian outfit into bankruptcy with endless litigation over daring to try to exploit a badly worded legal document.

Everyone should bail now from anything with Amiga in the name. One bunch of crooks replaced by an even bigger bunch of crooks. 3.1.4 work wasted, nobody wins.

Quote:

Been hearing that broken record for the past 15 years, will be hearing for 15 more.

Quote:

Exactly, cos no one ever really looses, they all just drag on and on and on.....

@thread

english

german

#6

Quote:

details

#6

Quote:

The reply by first time poster "RationalAmigan" is spot on. Hyperion are criminals (my opinion too, until the court decides otherwise).

Quote:

What a real shame. Olaf at least obviously has a long history of free labor working on OS3.1. It seems clear he probably will never see a penny from HYPErion here. I certainly won't give a dime to people I see as crooks, and when funds won't filter down to Olaf and Thor anyhow.

Quote:

Which is impossible, because Cloanto's license predates Amino entirely. Cloanto's license is from Gateway era Amiga.

Quote:

Christ! A white knight bailed out McBill? Only Hermans could make McBill look like a good guy.

Quote:

HYPErion are toast. So much could be quoted.

In fact, Hyperion has substantially and materially breached the Settlement Agreement by, among other things: (a) using AMIGAOS, “Powered by AMIGAOS,” and the Boing Ball Mark on T-shirts, hoodies, drawstring bags, cooking apron, coffee cups and other merchandise for which Hyperion was not granted any trademark rights; (b) marketing, distributing and selling Amiga operating system 3.1 and/or revisions thereof; (c) marketing, distributing and selling Kickstart 1.3; (d) using AMIGAOS to distribute, market, and sell Amiga operating system 3.1, 3.1.4, and revisions thereof; (e) using WORKBENCH to distribute, market and sell Amiga operating system 3.1 and/or revisions thereof; (f) using AMIGA to distribute, market, sell, and license Kickstart 1.2 and Kickstart 1.3; (g) using the Boing Ball Mark to distribute, market and sell Amiga operating system 3.1, 3.1.4 and revisions thereof; (h) licensing Kickstart 1.2, Kickstart 1.3, and Kickstart 3.1 to Individual Computers for use and distribution in hardware accelerator cards; and (i) interfering with the rights granted to Cloanto and its predecessors and affiliates long prior to the existence of the Settlement Agreement.

24. Hyperion availed itself of rights that it knows it does not have and placed false copyright notices on software that it does not own.

25. Hyperion’s bad faith is further shown by its allegation in paragraph 98 of the First

Amended Complaint that the Settlement Agreement’s blanket description of license grants to Cloanto limits Cloanto to engaging in emulation activities.

26. In fact, long prior to entering the Settlement Agreement, Hyperion was aware of the broad scope of rights, including “Classic Support,” that Cloanto had been exercising since the late 1990s.

27. Due to Hyperion’s bad faith, Hyperion should be barred from asserting any of its claims in this action.

Buh-bye HYPErion.

Thanks for the updates Number6.

[ Edited by redrumloa 27.10.2018 - 20:37 ]