Cloanto sues Hyperion
  • Order of the Butterfly
    Order of the Butterfly
    Posts: 176 from 2015/8/23
    So much time wasted for nothing.
    While AROS Zune is still not compatible with good old 68k MUI 3.8.
    AROS also still has not memory protection, unix compatibility, and usable drivers.
    Some x86 followers thinks if they attack enough long ppc users resign form ppc but it didn happend.
    The only way is to made AROS or any other Amiga solution on x86 worth of use.




    [ Edited by ppcamiga1 07.09.2019 - 19:39 ]
  • »07.09.19 - 18:38
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    takemehomegrandma
    Posts: 2604 from 2003/2/24
    PPC is dead, and AROS has nothing to do with that...
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »08.09.19 - 07:01
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  • Order of the Butterfly
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    number6
    Posts: 381 from 2008/8/10
    Quote:

    number6 wrote:
    @thread

    Although not directly related to all the twists and turns discussed in this thread, I found this interesting, much like Hyperion's purchase of Reaction:

    A-K datatypes

    #6


    For what it's worth, this is the only place I've seen any comment/clarification from Andreas Kleinert:

    Source

    #6
  • »12.09.19 - 14:37
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    number6
    Posts: 381 from 2008/8/10
    Quote:

    number6 wrote:

    and
    Re-noted notice to compel

    Which still does not answer (without seeing all the documentation) why Hyperion's attorneys have stopped responding for months apparently (noted in prior postings).

    #6



    Seems like this has become a weekly event.
    Above link shows yet another Re-noted notice to compel. If you haven't follwed this, it began in August with the original motion to compel and this is the 2nd followup/Re-note.

    #6
  • »14.09.19 - 12:12
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  • Order of the Butterfly
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    number6
    Posts: 381 from 2008/8/10
    Quote:

    number6 wrote:
    @vox

    Quote:

    And there is some more hope for 3.1.4/3.9 purchases on Vampire standalone.


    Dunno. This sounds more like an official statement of "no confidence" to me:

    Apollo Team Commitment to AROS 68k Development

    #6


    Interesting discussion between Gunnar and Thomas on A1k.

    Source

    I'd say this does somewhat support what is being said elsewhere.

    #6
  • »17.09.19 - 16:31
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    number6
    Posts: 381 from 2008/8/10
    Quote:

    number6 wrote:
    Quote:

    number6 wrote:

    and
    Re-noted notice to compel

    Which still does not answer (without seeing all the documentation) why Hyperion's attorneys have stopped responding for months apparently (noted in prior postings).

    #6



    Seems like this has become a weekly event.
    Above link shows yet another Re-noted notice to compel. If you haven't follwed this, it began in August with the original motion to compel and this is the 2nd followup/Re-note.

    #6




    and again weekly.

    Any idea why the court would not rule on a motion other than the fact that Hyperion has not responded to the motion and the re-notes?

    #6
  • »21.09.19 - 16:56
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  • Order of the Butterfly
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    number6
    Posts: 381 from 2008/8/10
    Quote:

    number6 wrote:
    @thread

    Nothing much new to report except a new request for extension of time. These are usually granted.:

    Quote:

    MOTION for Extension of Time (Ex Parte) to Extend Time For Filing Initial Disclosures, Holding Rule 26(F) Conference, and File Joint Status Report , filed by Plaintiffs C-A Acquisition Corp, Cloanto Corporation. Noting Date 8/21/2019, (Troy, Gordon)


    Source item 13

    This delay, if/when granted, would "likely" push the trademark case past the date of the reported, but unconfirmed by public document...bankruptcy hearing posted about on July 8, 2019

    Source

    No idea whether this delay is mere coincidence with the report of the bankruptcy hearing, since the court has been silent since they announced this initial legal proceeding in June, 2019, with the expectation that the court would know the resolution by end of June, 2019.

    *shrug*

    #6


    Re:MOTION for Extension of Time

    Court order made available with interesting details

    Re:the report of a bankruptcy hearing

    If accurate then results should be made available by the court soonish.

    #6
  • »24.09.19 - 14:18
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    takemehomegrandma
    Posts: 2604 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 - 08:35
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    number6
    Posts: 381 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 - 12:17
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    Andreas_Wolf
    Posts: 10660 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 - 22:55
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    number6
    Posts: 381 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 - 12:42
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  • Order of the Butterfly
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    number6
    Posts: 381 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 - 13:34
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    number6
    Posts: 381 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 - 19:41
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    takemehomegrandma
    Posts: 2604 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 - 21:20
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    amigadave
    Posts: 2646 from 2006/3/21
    From: Lake Arrowhead...
    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 - 03:04
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  • Order of the Butterfly
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    number6
    Posts: 381 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 - 12:05
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    takemehomegrandma
    Posts: 2604 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 - 16:38
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    amigadave
    Posts: 2646 from 2006/3/21
    From: Lake Arrowhead...
    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 - 01:06
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  • Order of the Butterfly
    Order of the Butterfly
    Posts: 176 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 - 04:36
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    takemehomegrandma
    Posts: 2604 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 - 05:36
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    number6
    Posts: 381 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 - 12:46
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    amigadave
    Posts: 2646 from 2006/3/21
    From: Lake Arrowhead...
    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 - 16:31
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    number6
    Posts: 381 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 - 16:40
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