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They don't. That's just Thomas listening to Ben Hermans.

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Can you summarize what you refer to here for those of us uninformed?

#6

@number6:

http://www.amigaforever.com/kb/15-107

It is claiming there is "ongoing litigation" against H&P over OS3.9 when there has never been any such litigation.

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Piracy right out in the open. What a shame Olaf has his name attached to piracy.

The real shame are you keyboard warriors automatically jumping to conclusions. NOTHING provided proves any kind of piracy so you really should keep quiet.

And once again the Amiga community at each others throats over rights to a dead carcass rather than enjoying our collective hobby.
Anything AMIGA will never get anywhere with all of the armchair lawyers and dishonest "business" men that continue to malign the Amiga name.

Amiga legacy continues to disgust.

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Apart from the fact that it's in court and that Hyperion already had one takedown?

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Cease and desist orders convincing payment processors to refuse service? Common sense? Hyperion never, ever had a license to distribute OS3.1. They are currently being sued, and will lose, by the rights holders. This release is obviously being done in a panic rush since a trial date is looming.

2000's Hyperion and their followers - "MorphOS is a pirate OS!!" (with no proof, no lawsuits)

2010's Hyperion and their followers - "You should keep quiet, really quiet!!" (while being sued for piracy)

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So the fact that one of them decided to sue automatically means the other is guilty? <smh>

And exactly how do you know that they never ever had a license? Are you a copyright lawyer?

Just because one Amiga entity sues another for God knows what does not mean that what they are contending is fact. How many times do we have to see this kind of crap before we start to think before we leap? NONE of us have anywhere near enough information to make any conclusions other than the usual which is that anything to do with the Amiga name is suspect and is monumentally poorly run. Even your own statement about MorphOS being a pirate OS is proof of what I am saying. All kinds of crap is said but very little of it has any real substance. Cloanto and Hyperion are a bunch of wannabes with little to no business acumen and have always come across as a bunch of playground kids fighting over a lollipop. This latest fiasco is simply more of the same, but the problem is we don't know which one is truly being an idiot and we won't truly know until the court has it's say in 2019.

Again, just standard Amiga BS.. Hasn't changed a bit in 30 years..





[ Edited by outlawal2 23.10.2018 - 08:14 ]

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The ability to read.

The settlement Hyperion struck with Amiga Inc was very clear. Hyperion gets the rights to AmigaOS 4, all others remained with Amiga Inc.

And you have a copy of that in front of you now, right?

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It's here.

Page 3:

Hyperion acknowledges that the Amiga Parties are the owners of the Software,
without prejudice to any third parties with rights in said Software. The Amiga
Parties acknowledge that Hyperion is the sole owner of AmigaOS 4 (with the
exception of the Software), without prejudice to any third parties with rights in
said software.

No mention in any of the settlement agreement over AmigaOS 3.x and below.

Which means exactly that. No question regarding Amiga OS4 (Which no one is talking about anyway) and if no mention of 3.x then this means nothing in regards to 3.x. Unless there is something somewhere explicitly talking about 3.x then nothing definitive is in place regarding 3.x. I want to see a statement that specifically talks about 3.x as anything else is inconclusive at best. (I will admit that it doesn't look good, but nothing provided thus far proves anything in regards to 3.x)

@outlawal2

"The Software" *IS* "3.x":

From the same "agreement": "Software" means Amiga OS 3.1, which is the Operating System (including without limitation its Software Architecture as described in the Documentation) originally developed, owned and marketed by Commodore Business Machines (CBM) for their Amiga line of computers in 1994"

What about 1b? It seems to be a clear statement that Hyperion is the only one able to legally develop AmigaOS.

Cloanto/Amino have breached that one and many others.

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Cloanto's license predates both Hyperion and even Amino.

I hope this helps.

Update:

> There's hope that Cloanto will publish the respective 2011/2012 paperworks
> in the course of the current lawsuit

From 3 months ago:

https://www.a1k.org/forum/showpost.php?p=1205395
https://drive.google.com/drive/folders/19YwJmpaRdr7gcCawAHwWeDKpZq7BU2r0

Saw this only now thanks to recent (and partly) re-opening of a1k.org forum to non-members.

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Thanks for posting. This proves what I've been saying all along. Ownership of all things Amiga related, not named AmigaOS4 or AmigaOne, is owned by Cloanto.

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You mean the Amiga Forever licence? I don't see the relevance of that, as I'm 99% sure it doesn't give Cloanto any right to develop new versions of AmigaOS (as illustrated by eg. the fact that OS3.5 and 3.9 were nothing to do with Cloanto); IIRC they are relying mostly on the later contract for their claims.

[ Edited by Minuous 25.10.2018 - 14:42 ]

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It gave them rights to every ROM and OS made by Commodore, up to and including OS3.1x. The post a couple above yours gives even further detail. Cloanto owns everything Amiga not named OS4 lock, stock and barrel.



[ Edited by redrumloa 25.10.2018 - 00:48 ]

Yes, a non-exclusive right to include them in Amiga Forever for emulation purposes. Not a right to further develop and sell them.

Until proven otherwise I stick to the "stupid german judge" who couldn't find any evidence that (the distribution right for) 3.1 was part of what ESCOM bought from the liquidated C=. So that would put 3.1 in the hands of whomever hods Villagetronic these days.

So back to the topic:

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.

Sounds like firm legal ground to me...

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Thanks for that. I had given up clicking a1k. heh.
Any word about a more complete re-opening of forums for reading?

#6

>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.

If you replace the word "Hyperion" with "Cloanto", then that is quite an accurate description of events several years ago.

But anyway, by Cloanto's own admission at https://www.amigaforever.com/kb/13-122 this "exclusive licence" had already been sold to CU Amiga magazine and others in 1993, maybe CU own it by this logic

>> recent (and partly) re-opening of a1k.org forum to non-members.

> Any word about a more complete re-opening of forums for reading?

This discussion (if there's any, not being a member I can only guess) likely takes place in the closed parts of the forum ;-)

> Ownership of all things Amiga related, not named AmigaOS4 or AmigaOne, is owned by Cloanto.

Most Amiga-related things (like hardware and software for Amiga) are owned by neither party to the current litigation :-)