Cloanto sues Hyperion
  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Succinct as always Andreas.

    I guess I think of the lack of backing evidence for the charge against Trevor as a form of bias, but again its down to our perceptions and personal beliefs.

    I also don't buy the "Hyperion doesn't receive money for later ports of OS4" claim either.
    All evidence points to Aeon's very existence being based on Trevor's personal interests, not practical business considerations or a desire to earn significant profits.

    Also, I'm skeptical about the total sums that have claimed to have been invested by all parties in the latter day Amiga community, it seems inordinately large, and a remarkably amount of litigation has occurred over the control of some really dated IP that serves a very limited market.

    It doesn't make economic sense.
    "Never attribute to malice what can more readily explained by incompetence"
  • »19.06.18 - 00:14
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12075 from 2003/5/22
    From: Germany
    >>> The [...] document referenced is highly biased.

    >> I don't see any bias in the referenced document, but it doesn't
    >> contain anything about any funding by Dickinson either.

    > I guess I think of the lack of backing evidence for the charge
    > against Trevor as a form of bias

    ...but on the side of the "Amiga Documents" author, not the author of the referenced document. Maybe the "Amiga Documents" author meant to reference this comment to the referenced document instead, but that's far from worthy as a source document I guess.

    > I'm skeptical about the total sums that have claimed to
    > have been invested by all parties in the latter day Amiga
    > community, it seems inordinately large

    At least the sum claimed by Hyperion as of 2013 seems completely plausible to me.
  • »19.06.18 - 14:54
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    Jim wrote:
    Personally, I hope to see Cloanto go down in flames for attempting to drag us back into obligation to this ego maniacal truck driver.

    Should we care here? Well, yeah, that piece of crap post tries to make it sound like MorphOS is a Genesi endeavor when it preceded Genesi's formation.
    And has someone completely forgotten Phase 5, DCE or bPlan?
    What next? Cloanto tries to sue MorphOS developers or the AROS community?

    A second rate re-packager of UAE wants to own the rights to the entire community and this doesn't offend any of you?
    No matter WHAT I think of Hermans, there are OS4 developers I'm actually impressed by, and the product DID get released.
    So far we've managed to co-exist.

    WTF, has Cloanto ever produced of significance?
    "Preservation mode?" My ass.


    I couldn't disagree more here. Cloanto seems to have acted in good faith for most of it's existence. Off the top of my head I can only think of one questionable issue and that's inclusion of P5 firmware without permission. Overall they seem to be an ethical company operating in a den of thieves.

    What has Cloanto produced? Perfect Paint? Amiga Explorer? Amiga Forever itself? When's the last time you tried Amiga Forever? It's pretty good these days. I bought the value download edition for mainly the roms a few years back for the whopping price of something like $1.49. The premium editions have a lot of nice turn-key options. For casual users UAE can be daunting, Amiga Forever is easy.

    JMO, YMMV

    [ Edited by redrumloa 19.06.2018 - 10:57 ]
  • »19.06.18 - 15:42
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  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4977 from 2009/1/28
    From: Delaware, USA
    Actually, they gave me a copy of AmigaForever several years ago, gratis, so I'm probably being a bit hard on them.
    Personal Paint they had help with.

    >Overall they seem to be an ethical company operating in a den of thieves.

    That seems to be the view from all the different vantage points.

    Our developers don't operate as a company, but I'd definitely give them a nod about ethical behavior.

    I don't see any true blackguards here, just a spectrum of grays.

    Both Cloanto and Hyperion derive their right from business agreements with Amiga Inc.

    Its all tainted fruit.

    [ Edited by Jim 19.06.2018 - 11:53 ]
    "Never attribute to malice what can more readily explained by incompetence"
  • »19.06.18 - 16:09
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  • ASiegel
    Posts: 1370 from 2003/2/15
    From: Central Europe
    Quote:

    redrumloa wrote:

    What has Cloanto produced? Perfect Paint?

    Perfect Paint was free of cost and developed by someone else. It has no relation to Cloanto's commercial Personal Paint software, which they first launched in 1992.
  • »19.06.18 - 16:30
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    ASiegel wrote:
    Quote:

    redrumloa wrote:

    What has Cloanto produced? Perfect Paint?

    Perfect Paint was free of cost and developed by someone else. It has no relation to Cloanto's commercial Personal Paint software, which they first launched in 1992.



    Thanks for clearing that up, I got it confused.
  • »20.06.18 - 00:21
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    @thread

    Quote:

    Prior, Hyperion's filing was also amended. I have not seen that document's contents posted yet.
    Since both claims have been amended, there must be some fine lines of difference, but we'll have to wait for someone with the patience and skill to compare originals with amended versions.


    I have since discovered copies of the Hyperion amended complaint as well:

    for those interested

    #6
  • »24.06.18 - 19:35
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12075 from 2003/5/22
    From: Germany
    > I have since discovered copies of the Hyperion amended complaint [...]

    Thanks for sharing. I find #61, #62, #118, #126 and #G (Prayer for Relief) particularly funny. Also #I and #J in the Prayer for Relief ("[...] Kickstart 1.3 code in conjunction with AmigaOS 4.x") seem outlandish to me.
  • »25.06.18 - 10:03
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > I have since discovered copies of the Hyperion amended complaint [...]

    Thanks for sharing. I find #61, #62, #118, #126 and #G (Prayer for Relief) particularly funny. Also #I and #J in the Prayer for Relief ("[...] Kickstart 1.3 code in conjunction with AmigaOS 4.x") seem outlandish to me.


    This is why I dated the 2 claims.
    Cloanto's amended claim is meant to be direct response to Hyperion's amended claim.

    What you point out seems to tie in with what AmigaDocuments stated:

    Quote:

    An insider source described the situation as "From what we can see, one can only conclude [that Hyperion is going] for no-less than total control of the Amiga-ecosystem. At all cost... Given their failure to deliver, that's the only option they have left to remain somewhat relevant, but I think, and I think we agree, they're basically destroying whatever is left, even if they win all these expensive litigations."


    #6
  • »25.06.18 - 17:16
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Sorry I can't find a thread dedicated to the changing status of the amiga.com website, so I'll just add this here instead:

    and all that follows

    Could be nothing. Could be something. You decide.

    To be clear, prior to this it was a wordpress contact page since October, 2017 with all the former "content" removed.

    #6
  • »29.06.18 - 21:38
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  • Priest of the Order of the Butterfly
    Priest of the Order of the Butterfly
    KennyR
    Posts: 872 from 2003/3/4
    From: #AmigaZeux, Gu...
    It should be noted that "Rirel 33 lrnef" is the ROT13 of "Every 88 years".

    I'm assuming 33 years would have been a reference to Amiga's release in 1985, but whatever towering intellect dreamed up this nonsense can't even use ROT13 properly. Fail.
  • »30.06.18 - 00:02
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    @thread

    Just to bring things up to date:

    Prior postings of public documents (readable):

    Hyperion amended complaint of April 12, 2018

    Cloanto amended complaint of May 25, 2018

    Which have more recently been followed by 2 Hyperion responses (July 6 and July 20) to the Cloanto amended complaint (above)

    Source
    #37 and #34 are both in response to #29 as indicated and both require purchase.
    If anyone feels so inclined, do so and report as to the contents.

    #6
  • »21.07.18 - 14:58
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  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 480 from 2008/8/10
    Quote:

    number6 wrote:
    Quote:

    number6 wrote:
    @thread

    Just to bring things up to date:

    Prior postings of public documents (readable):

    Hyperion amended complaint of April 12, 2018

    Cloanto amended complaint of May 25, 2018

    Which have more recently been followed by 2 Hyperion responses (July 6 and July 20) to the Cloanto amended complaint (above)

    Source
    #37 and #34 are both in response to #29 as indicated and both require purchase.
    If anyone feels so inclined, do so and report as to the contents.

    #6



    New filings:

    and post #597

    #6



    Veritable boatload of new material released:

    Source

    #6
  • »25.07.18 - 01:11
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  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1424 from 2003/4/13
    Quote:

    number6 wrote:
    Veritable boatload of new material released:

    Source

    #6




    Boatload? You or AW formulate Cliff Notes on it yet?
  • »25.07.18 - 01:21
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  • 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
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  • 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
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  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 12075 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
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  • 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
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