Cloanto sues Hyperion
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 211 from 2008/8/10
    Quote:

    ASiegel wrote:
    Well, if the developers receive no compensation, at least the buyers can take comfort in knowing that their individual payments will continue to financially support a long string of lawsuits, including essential community-focused expenses such as court as well as attorney fees.


    Although talking expenses in terms of actual trial are another matter...expenses to date "might" not be that great.
    First, there was talk of contingency. No clue whether that's true.

    But second:
    item 23-DECLARATION of Timothy Van De Gehuchte
    Being curious at the time given rumors of Monard Law involvement I looked up the name:
    Timothy Van de Gehuchte, Ben Hermans

    Does this not raise the question at least as to whether favors are being performed pro bono?
    If so, how much of this is going on?

    #6
  • »02.10.18 - 15:29
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 211 from 2008/8/10
    Quote:

    takemehomegrandma wrote:
    @number6

    I really think that some people should have known better...


    Yes, but fear plays a part as well.

    It may not be as bad as "pay the protection money or I burn down your restaurant", but it's present.

    #6
  • »02.10.18 - 15:32
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    Zylesea
    Posts: 1866 from 2003/6/4
    Quote:

    ASiegel schrieb:
    Well, if the developers receive no compensation, at least the buyers can take comfort in knowing that their individual payments will continue to financially support a long string of lawsuits, including essential community-focused expenses such as court as well as attorney fees.


    The good thing with MorphOS around is that I don't care about OS3 that much. I mean, I use MorphOS as primary system longer than I used a 68k system as primary system. OS3 .x is rather obsolete for a MorphOS user.
    Nonetheless I guess Olsen and Richter did a good job.
    --
    http://www.via-altera.de

    Whenever you're sad just remember the world is 4.543 billion years old and you somehow managed to exist at the same time as David Bowie.
  • »02.10.18 - 15:47
    Profile Visit Website
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1267 from 2003/4/13
    Quote:

    cyfm wrote:

    As far as I know, this has been some pet project orchestrated by Thomas Richter and Olaf Barthel which is distributed by Hyperion. It might be up to anyone's guess who is going to cash in here ....



    hqdefault.jpg
  • »02.10.18 - 16:04
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    KennyR
    Posts: 433 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    Andreas_Wolf wrote:
    > many of the design choices [...] favour emulator owners
    > and those with high end accelerators like the Vampire.

    Opposed to OS3.9, it also runs on 68000 :-)


    All anyone would get out of 3.9 or 3.1.4 alike on a 68EC000 @ 7.14MHz is a migraine. Assuming they even had enough RAM...

    Although Jens makes some higher end 68000 accelerators. Hint hint

    [ Edited by KennyR 02.10.2018 - 17:25 ]
  • »02.10.18 - 16:22
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    KennyR
    Posts: 433 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    takemehomegrandma wrote:
    @number6

    I really think that some people should have known better...


    Haague&Partner AmigaOS 3.5/3.9 (and Genesis)
    Roadshow 68k
    AmigaOS 4

    We're past the "should have known better" thing and into the realms of masochistic self-harm.
  • »02.10.18 - 16:33
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 10066 from 2003/5/22
    From: Germany
    > 68EC000 @ 7.14MHz

    The parts in original Amiga 1000/500/2000/600/CDTV are full 68000.

    > Jens makes some higher end 68000 accelerators.

    Indeed. And beside his ACA500plus with 14...42 MHz 68EC000/68SEC000 there are:
    - Minimig with 7...50 MHz 68SEC000
    - Zeus68k with 7...50 MHz 68SEC000
    - Wicher 500i with 7...50 MHz 68HC000
    - HC 508 with 50 MHz 68HC000
    - HC533 with 33 MHz 68HC000
    - Furia S628 with 28 MHz 68SEC000
    - Supra Turbo 28 with 28 MHz 68HC000
  • »02.10.18 - 18:48
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    KennyR
    Posts: 433 from 2003/3/4
    From: #AmigaZeux, Gu...
    Floppies and ROMs said to be following "soon". I don't know who's going to be selling them then. Pretty much everyone listed on their webpage as a distributor has either moved on from Amiga or isn't selling anything Hyperion-based any more and hasn't been for some time.

    Anyone feel like stepping up? You only need access to Tim's wife's paypal account to buy some stock, and of course there's the possibility they'll sue you if you "don't sell enough" for their liking. Hyperion tend to do that.
  • »02.10.18 - 21:26
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 211 from 2008/8/10
    Quote:

    KennyR wrote:
    Floppies and ROMs said to be following "soon". I don't know who's going to be selling them then. Pretty much everyone listed on their webpage as a distributor has either moved on from Amiga or isn't selling anything Hyperion-based any more and hasn't been for some time.

    Anyone feel like stepping up? You only need access to Tim's wife's paypal account to buy some stock, and of course there's the possibility they'll sue you if you "don't sell enough" for their liking. Hyperion tend to do that.


    Don't discount creativity in sales options.
    Remember, AmigaOS4.1 FE was given away as a subscription bonus with Amiga Future.

    Source

    Who knows what they'll come up with?

    #6
  • »02.10.18 - 21:40
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2531 from 2003/2/24
    :lol:
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »02.10.18 - 21:44
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1267 from 2003/4/13
    Quote:

    number6 wrote:
    Don't discount creativity in sales options.
    Remember, AmigaOS4.1 FE was given away as a subscription bonus with Amiga Future.

    Source

    Who knows what they'll come up with?

    #6


    Wait, did we just see a burn from number6? :-o
  • »03.10.18 - 02:26
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1267 from 2003/4/13
    Quote:

    Intuition wrote:

    MorphOS 68k where are you? lol



    Not a joke actually. I have a Vampire 500 V2 board. I'll stick with OS3.9 begrudgingly. I'd much, much rather MorphOS 68k.
  • »03.10.18 - 02:45
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 211 from 2008/8/10
    @thread

    Not just 3rd party development, but also 3rd party PR apparently:

    slashdot

    more
    Just change the search limiter of one week if you check this later.

    #6
  • »03.10.18 - 22:39
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    takemehomegrandma
    Posts: 2531 from 2003/2/24
    @number6

    "Mike Bouma" :lol:

    Well that was a blast from the past...

    ;-)
    MorphOS is Amiga done right! :-)
    MorphOS NG will be AROS done right! :-)
  • »03.10.18 - 23:22
    Profile
  • Paladin of the Pegasos
    Paladin of the Pegasos
    redrumloa
    Posts: 1267 from 2003/4/13
    Quote:

    number6 wrote:
    @thread

    Not just 3rd party development, but also 3rd party PR apparently:

    slashdot

    more
    Just change the search limiter of one week if you check this later.

    #6



    Acting in bad faith indeed. What are the criminal penalties under DMCA again?
  • »04.10.18 - 00:01
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    KennyR
    Posts: 433 from 2003/3/4
    From: #AmigaZeux, Gu...
    I bet you're wonderin' how I view
    Three-point one-point four when I have sued
    For not owned IP you sold before
    Between the two of us guys
    You know I owned it more

    It took me by surprise I must say
    When I found out yesterday
    Don't you know that I heard it through the grapevine
    Not much longer will you be online
    Oh I heard it through the grapevine
    Oh I'm just about to take you down

    Money, money yeah
    I heard it through the grapevine
    No much longer will you be online
    Hipey Hipey yeah...

    - Heard it through the grapevine, the Cloanto version
  • »05.10.18 - 21:03
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 211 from 2008/8/10
    @thread

    After stressing the perceived need for distributing ROMs asap:

    Source

    It seems the method of distribution was revealed here today:

    Source

    #6
  • »12.10.18 - 16:08
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    KennyR
    Posts: 433 from 2003/3/4
    From: #AmigaZeux, Gu...
    The Avangate link for 3.1.4 went down on Hyperion's website, to be replaced by a totally different pay company, MyCommerce. Not only that, but a huge legal barf of dubious legal enforcability appeared, and I'm hearing reports that pricing in dollars is no longer available.

    Goes to show how times change. When MorphOS came out, Hyperion and its fanboys, and Haynie, tried to call it a pirate OS. Yet no legal challenge ever happened, no judge ever said anything about it, and there was never any problem paying for it. You never had to send secret squirrel emails to Ralph or Frank or pretend you were in a different country.

    Contrast this to Hyperion, who were very possibly illegally selling copies of OS4 while they were struck off the Belgian register, and are now very possibly illegally selling copies of 3.1.4 - a brandname they never owned, yet have repeatedly abused, and is currently in legal dispute.

    So it turns out that 3.1.4 and 4.1 are the true pirate OS's. Let's hope karma finishes the job and ends this truly awful company quickly.
  • »20.10.18 - 15:44
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 10066 from 2003/5/22
    From: Germany
    > a huge legal barf of dubious legal enforcability appeared

    It actually makes sense to provide the EULA contents this way for everybody to read, opposed to providing it only to purchasers who can view it only after the fact.

    > I'm hearing reports that pricing in dollars is no longer available.

    No need to rely on reports. Simply trying it yourself you can see that MyCommerce provides selection of each and every currency this world offers, including US dollars.

    > Hyperion and its fanboys, and Haynie, tried to call it a pirate OS.

    Tried to call? :-)

    > Hyperion [...] are now very possibly illegally selling copies
    > of 3.1.4 - a brandname they never owned

    "3.1.4" is a brandname? :-)

    > Let's hope karma [...] ends this truly awful company quickly.

    Trial is set for December 2019 :-)
  • »20.10.18 - 18:09
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    KennyR
    Posts: 433 from 2003/3/4
    From: #AmigaZeux, Gu...
    Quote:

    Andreas_Wolf wrote:
    > a huge legal barf of dubious legal enforcability appeared

    It actually makes sense to provide the EULA contents this way for everybody to read, opposed to providing it only to purchasers who can view it only after the fact.


    Yes, but it isn't a EULA. It has EULA like-qualities at the start, but not afterward. More like an extremely vaguely worded statement of how you can't possibly hold Hyperion to account if you happen to break any laws with your use of this product.

    Such as if you buy it in America or use it on an emulator, hint hint.

    > I'm hearing reports that pricing in dollars is no longer available.

    Quote:

    No need to rely on reports. Simply trying it yourself you can see that MyCommerce provides selection of each and every currency this world offers, including US dollars.


    Not quite the same as being able to buy it from the US in US dollars.
  • »20.10.18 - 18:26
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    KennyR
    Posts: 433 from 2003/3/4
    From: #AmigaZeux, Gu...
    The "EULA" could well be a response to this.

    Or the same bad advice that Thomas has been getting here. Oh dear. As if staying out of emulation changes the fact that Hyperion sold IP they didn't own to Manomio in 2010 and don't have the rights to AmigaOS versions other than AmigaOS 4...
  • »20.10.18 - 18:32
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    KennyR
    Posts: 433 from 2003/3/4
    From: #AmigaZeux, Gu...
    Confirmed. Or at least CG seems pretty convinced by his sources.

    Amino caused Avangate to stop selling 3.1.4 with a C&D takedown. Time will tell whether Hyperion's new sales point also drops them.

    And after all this work Olaf and Thor have put into 3.1.4. As I said much earlier, it's replicated 3.9. Possibly soon including having all the code buried forever. But nobody can say they weren't warned. Should have just gone MorphOS ;)

    [ Edited by KennyR 20.10.2018 - 21:27 ]
  • »20.10.18 - 20:27
    Profile
  • Acolyte of the Butterfly
    Acolyte of the Butterfly
    Minuous
    Posts: 135 from 2010/2/12
    >tried to call it a pirate OS. Yet no legal challenge ever happened, no judge ever said anything about it, and there was never any problem paying for it.

    The situation is reminiscent of Cloanto's lies against H&P.

    >Such as if you buy it in America or use it on an emulator, hint hint.

    How would Cloanto have the right to tell me what I can or can't run on an emulator they never wrote!?

    [ Edited by Minuous 21.10.2018 - 22:15 ]
  • »21.10.18 - 11:15
    Profile Visit Website