Hyperion Entertainment bankrupt
  • Paladin of the Pegasos
    Paladin of the Pegasos
    Yasu
    Posts: 1724 from 2012/3/22
    From: Stockholm, Sweden
    There are probably some here who find this newsworthy:

    http://www.faillissementsdossier.be/en/bankruptcy/1039367/hyperion-entertainment-cvba.aspx
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  • »14.02.15 - 00:25
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  • vox
  • Order of the Butterfly
    Order of the Butterfly
    vox
    Posts: 428 from 2003/11/25
    From: Belgrade
    Quote:

    Yasu wrote:
    There are probably some here who find this newsworthy:

    http://www.faillissementsdossier.be/en/bankruptcy/1039367/hyperion-entertainment-cvba.aspx


    Sad news, but less competition.

    On the good side, maybe Trevor now would have to invest in MorphOS/AROS PPC port for X1000 and X3500/X5000 :-)
    ------------------------------------------
    x1000 user, ASAP Vampire Standalone user, future MOS user
  • »14.02.15 - 02:19
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  • jPV
  • Paladin of the Pegasos
    Paladin of the Pegasos
    jPV
    Posts: 1504 from 2003/2/24
    From: po-RNO
    Quote:

    vox wrote:
    On the good side, maybe Trevor now would have to invest in MorphOS/AROS PPC port for X1000 and X3500/X5000 :-)



    I hope not. Rather develop the OS itself than wasting resources to port it to very marginal and expensive system. But otherwise more support for MorphOS would be nice :)

    [ Edited by jPV 14.02.2015 - 11:41 ]
  • »14.02.15 - 09:08
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2579 from 2003/2/24
    Quote:

    jPV wrote:
    Seems that they're not out of business afterall:
    http://amigaworld.net/modules/newbb/viewtopic.php?mode=viewtopic&topic_id=39913&forum=14&start=40&viewmode=flat&order=0#751549


    LOL!

    Maybe that person (Ben Hermans? Not easy to know with Hyperions annonymous posting policy) didn't meant for it to happen, maybe he didn't want it to happen, or maybe he is simply living in denial. Because those formal public records surely tells a different story. ;-)

    In any case, Mr Bert Dehandschutter is probably a more relevant source of info at this point than Mr Hermans. :-)
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »14.02.15 - 11:17
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    Yasu
    Posts: 1724 from 2012/3/22
    From: Stockholm, Sweden
    http://www.amiga.org/forums/showpost.php?p=783990&postcount=55
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  • »14.02.15 - 12:06
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2579 from 2003/2/24
    Quote:

    Yasu wrote:
    http://www.amiga.org/forums/showpost.php?p=783990&postcount=55
    Quote:

    I just got this reply from the curator:

    "The company announced to start an opposition procedure according to the Belgian Bankruptcy Act. In that case the Court can take a decision to annul the first Court decision which means it is like no insolvency proceeding has even been pronounced."



    This mean that it wasn't Hyperion themselves who filed for bankruptcy but someone else. Interesting! :-)

    We know that there are debts to unpaid developers (and perhaps others as well), we know that Hyperion doesn't have a viable business going since their income is so low they don't even have no VAT liability since over a year back (a hot dog vendor makes more money), also mening there can't be any paid employees at all, and former partner Evert Carton (who has more insight than anyone else) seems very eager to clear his name from any responsibility and liability concerning Hyperion. In any case, things are *not* well at Hyperion.

    I suppose it's up to Ben Hermans now to prove in the "opposition process" that everything is fine and dandy, and that the insolvence filing is erroneous somehow. It will take more than him just saying so. But that man is a slippery weasle, so maybe he get away with it somehow, we'll see...
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »14.02.15 - 14:25
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  • Jim
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    Jim
    Posts: 4855 from 2009/1/28
    From: Delaware, USA
    And...AmigaOS as a trademark and intellectual property is again placed at risk.
    Between Ben and Bill, no wonder there has been so little interest in the platform.
    Two companies with virtually no income control the fate of this.
    Makes me wish I had a more German sense of humor, as misfortune does not amuse me.

    If Hermans had a soul he would transfer the rights to the OS over to A-eon.
    "Never attribute to malice what can more readily explained by incompetence"
  • »14.02.15 - 16:33
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    Kronos
    Posts: 1879 from 2003/2/24
    Quote:

    Jim wrote:


    If Hermans had a soul he would transfer the rights to the OS over to A-eon.



    During bancrupsy proceedings ? Don't think Trevor is THAT stupid.



    Not sure about BunnyHormons.
    --------------------- May the 4th be with you ------------------
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  • »14.02.15 - 17:57
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  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4855 from 2009/1/28
    From: Delaware, USA
    Quote:

    Kronos wrote:
    Quote:

    Jim wrote:


    If Hermans had a soul he would transfer the rights to the OS over to A-eon.



    During bancrupsy proceedings ? Don't think Trevor is THAT stupid.



    Not sure about BunnyHormons.



    An involuntary bankruptcy proceeding?
    Well, if they can't get out of it, yes it shouldn't be too hard to convince the court to allow a sale to A-eon.
    I doubt the entity that has placed them in this situation wants assets, they want to be paid.
    "Never attribute to malice what can more readily explained by incompetence"
  • »14.02.15 - 21:02
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  • Moderator
    Kronos
    Posts: 1879 from 2003/2/24
    @Jim

    OS4 is the only asset Hyperion has, and if someone transfers it to anybody to settle some debt(s) it will be the clerk/lawyer running the bancrupsy, not MrBunny !!
    --------------------- May the 4th be with you ------------------
    Mother Russia dance of the Zar, don't you know how lucky you are
  • »14.02.15 - 22:08
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  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4855 from 2009/1/28
    From: Delaware, USA
    Quote:

    Kronos wrote:
    @Jim

    OS4 is the only asset Hyperion has, and if someone transfers it to anybody to settle some debt(s) it will be the clerk/lawyer running the bancrupsy, not MrBunny !!


    Actually, it will go to the person that pays the most for it.
    And considering the limited number of people that might want it AND could arrange the funding for it, well then we're back to Trevor.
    "Never attribute to malice what can more readily explained by incompetence"
  • »14.02.15 - 22:23
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    Simon
    Posts: 809 from 2008/7/6
    From: Antwerp, Belgium
    Just another pancakes, dancing bananas and bring us the popcorn episode. So, just the usual business.
    Proud member of the Belgian Amiga Club since 2003

  • »14.02.15 - 22:56
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  • Jim
  • Yokemate of Keyboards
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    Jim
    Posts: 4855 from 2009/1/28
    From: Delaware, USA
    Quote:

    Simon wrote:
    Just another pancakes, dancing bananas and bring us the popcorn episode. So, just the usual business.


    Very true.
    Good thing we have some separation from the drama.
    "Never attribute to malice what can more readily explained by incompetence"
  • »15.02.15 - 05:06
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  • Moderator
    Kronos
    Posts: 1879 from 2003/2/24
    @Jim

    It will go to the person decided by the court. This should be the one that pays the most, or the one that pays the fastest. (Remember when C= went under there were higher bids then Escom that weren't considered for one or another reason).

    Also, what is to sell ? The OS itself is still owned by AInc, most components developed after 2001 belong to their authors. They only thing they have is a (nontransferable) distribution licence. Might very well be that AEon would need to buy Hyperion complete with all debts in order to secure that one.
    --------------------- May the 4th be with you ------------------
    Mother Russia dance of the Zar, don't you know how lucky you are
  • »15.02.15 - 07:33
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  • Order of the Butterfly
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    Templario
    Posts: 273 from 2012/4/28
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  • »15.02.15 - 12:15
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  • Butterfly
    Butterfly
    WB_Coder
    Posts: 66 from 2014/5/1
    Quote:

    Kronos wrote:
    @Jim

    It will go to the person decided by the court. This should be the one that pays the most, or the one that pays the fastest. (Remember when C= went under there were higher bids then Escom that weren't considered for one or another reason).

    Also, what is to sell ? The OS itself is still owned by AInc, most components developed after 2001 belong to their authors. They only thing they have is a (nontransferable) distribution licence. Might very well be that AEon would need to buy Hyperion complete with all debts in order to secure that one.


    Exactly! They (Hyperion) do not own anything worth selling to A-Eon, so the only way for Trevor to end up with the rights to keep developing AmigaOS4.x, would be for him to buy Hyperion outright and resolve the unpaid contracts or material suppliers (though I don't think Hyperion has purchased any materials in years, other than blank CD's/DVD's and shipping envelopes).

    Where is my popcorn? This should be entertaining to see how Ben Hermans tries to explain what happened to allow this bankruptcy to happen. I think that someone was asleep at the wheel of this ship and it ran aground. Of course, I think that the Hyperion ship has been without a proper rudder for years.
    WB_Coder = Wanna Be Coder
  • »15.02.15 - 12:29
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  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4855 from 2009/1/28
    From: Delaware, USA
    Actually, it becomes apparent that few here have a decent understanding of legal issues.
    Hyperion has an exclusives license to continue to develop AmigaOS.
    It also becomes apparent they they either legally control OS3.1, or have (without challenge) assumed so for all applications outside of prior licensed uses like Amiga Forever.
    Amiga Inc is actual forbidden from pursuing said development or the development of a similar product.
    In the event of the demise of Hyperion Entertainment (if European courts work in any fashion to courts in the rest of the world) that license would not revert to Amiga Inc.

    AND the license probably is transferable to an assignee.

    [ Edited by Jim 15.02.2015 - 11:03 ]
    "Never attribute to malice what can more readily explained by incompetence"
  • »15.02.15 - 16:01
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  • Order of the Butterfly
    Order of the Butterfly
    In_Correct
    Posts: 243 from 2012/10/14
    From: DFW, TX, USA
    I think if the Hyperion company might go bankrupt, then let them become bankrupt. Considering if they said they would pay the developers and they have not. Also, the development of the Amiga OS, and the issues between Hyperion and Amiga, Inc. is sad. If they vanish, that does not mean we (or our computers) would vanish. So as a result, It should be time to leave 68K software to 68K hardware & 68K emulators, and hope MorphOS (and perhaps AROS) can development improvements to the operating systems. Eventually MorphOS could be a competitor to Linux or something.

    If A-EON and aCube and AmigaKit suddenly do not have a target operating system, perhaps they can collaborate with MorphOS to manufacture affordable PowerPC or POWER devices. If devices can not exist, then A-EON et. al. should add ARM ( and perhaps MIPS :-D ) devices to the product line so that the companies and the operating systems can have a distant future. :-)

    [ Edited by In_Correct 15.02.2015 - 21:15 ]
    :-) I Support Quark Microkernel. :-D
  • »16.02.15 - 03:14
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    TheMagicM
    Posts: 1156 from 2003/6/17
    Lmao.
  • »16.02.15 - 05:52
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  • Acolyte of the Butterfly
    Acolyte of the Butterfly
    Posts: 148 from 2004/11/18
    Hmm i dont use os4 but i wish they will Not die. Many of m'y friends uses os4. But it is just normal that a firm whith no incomes goes to bankrupt

    [ Edited by acepeg 16.02.2015 - 20:58 ]
  • »16.02.15 - 19:54
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  • Butterfly
    Butterfly
    WB_Coder
    Posts: 66 from 2014/5/1
    Quote:

    Jim wrote:
    Actually, it becomes apparent that few here have a decent understanding of legal issues..........

    AND the license probably is transferable to an assignee.


    The last part of your message above that includes the word "PROBABLY", indicates that you also do not know for sure if the license can legally be transferred to an assignee. I agree that it would not automatically revert to Amiga Inc., but it is less clear if it can be sold to a third party to help satisfy creditors by the court appointed person who is responsible for dissolving any assets of the company to pay all creditors who file a claim.

    Like I said, where is my popcorn! I kind of doubt that Ben Hermans is going to let Hyperion go bankrupt, unless it become clear that it is too costly to keep it. Since most of the work being done is by voluntary, unpaid developers, I don't see how the amount of money owed by Hyperion could be so high he would allow it to become bankrupt. As some others have suggested elsewhere, I think that this happened because of neglect and trying to not pay some bills for too long a period of time, and someone filed the proper court documents to force Hyperion to act, and Ben Hermans either did not take the action seriously, or was not aware of it until the court action had already taken place.

    The salaries and office rent bills for an almost non-existant company the size of Hyperion can't be that high, and I imagine that Ben Hermans spends 99.5% of his time on other work to make income to pay his bills and that Hyperion and the Amiga is far down his priority list of concerns.
    WB_Coder = Wanna Be Coder
  • »16.02.15 - 20:50
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  • Jim
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    Jim
    Posts: 4855 from 2009/1/28
    From: Delaware, USA
    @wb coder

    YES! I can't deny the entertainment potential.

    And it make me glad that we are one step removed from the Amiga curse.
    That name seems fraught with danger (if its not downright deadly).
    "Never attribute to malice what can more readily explained by incompetence"
  • »16.02.15 - 23:51
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 10466 from 2003/5/22
    From: Germany
    > A-EON and aCube [...] can [...] manufacture affordable PowerPC or POWER devices.

    If they could, they already would, don't you think?

    > A-EON et. al. should add ARM [...] devices to the product line

    ACube already have:

    http://www.acube-systems.biz/index.php?page=hardware&pid=755
    http://www.acube-systems.biz/index.php?page=news&id=116

    ;-)
  • »22.02.15 - 14:30
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