Cloanto sues Hyperion
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 10264 from 2003/5/22
    From: Germany
    > AmigaOS 3.1 or any other version of AmigaOS (except 4) is not mentioned in the whole settlement.

    AmigaOS 3.1 is mentioned 3 times in the settlement agreement:

    #1: ""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."

    #2: "Right to develop and distribute Amiga OS 3.9 upgrade of Amiga OS 3.5 (itself an upgrade of OS 3.1). Amiga considers this agreement terminated, but Haage & Partner may not."

    (This even has a mention of AmigaOS 3.5 and 3.9.)

    #3: "ITEC LLC assigns its full interest under the identified financing statement to the software known as 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."

    See comment #811 for a quote of the mention of "AmigaOS 5".

    > AmigaOS 4 Classic [...] precipitated the lawsuit

    AmigaOS 4.0 Classic was released 7 months after the begin of the lawsuit.
  • »12.04.19 - 20:39
    Profile
  • rob
  • Acolyte of the Butterfly
    Acolyte of the Butterfly
    rob
    Posts: 107 from 2008/7/22
    Quote:

    Andreas_Wolf wrote:

    AmigaOS 4.0 Classic was released 7 months after the begin of the lawsuit.



    The Classic version would have also been within the remit of the 2001 contract and I think the non-delivery of it may have even formed part of Amiga Inc's complaint or amended complaint. I remember that when OS4 Classic was released or was close to release, Ben H, I think, said that it had received a priority bump. There was certainly speculation at the time that it only got released to show that they were meeting one of their contractual obligations.

    I think what really irked Bill M was that a third part had initiated and was funding a port to Mac Mini with no prior discussion and agreement between between Hyperion and Amiga Inc. Maybe that's what Kenny was thinking of. All our memories get a bit hazy 10+ years after the fact.
  • »14.04.19 - 17:34
    Profile
  • Order of the Butterfly
    Order of the Butterfly
    number6
    Posts: 271 from 2008/8/10
    Quote:

    rob wrote:
    Quote:

    Andreas_Wolf wrote:

    AmigaOS 4.0 Classic was released 7 months after the begin of the lawsuit.



    The Classic version would have also been within the remit of the 2001 contract and I think the non-delivery of it may have even formed part of Amiga Inc's complaint or amended complaint. I remember that when OS4 Classic was released or was close to release, Ben H, I think, said that it had received a priority bump. There was certainly speculation at the time that it only got released to show that they were meeting one of their contractual obligations.

    I think what really irked Bill M was that a third part had initiated and was funding a port to Mac Mini with no prior discussion and agreement between between Hyperion and Amiga Inc. Maybe that's what Kenny was thinking of. All our memories get a bit hazy 10+ years after the fact.


    You have a good memory. You are correct on both accounts. One slight correction...

    it was HJF who made the statement
    The document detailing the conversation between Nicola Morocutti (for Acube) and Bill is part of the Amiga Documents documentation section.
    Source

    #6
  • »14.04.19 - 18:06
    Profile
  • Jim
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Jim
    Posts: 4744 from 2009/1/28
    From: Delaware, USA
    Quote:

    Andreas_Wolf wrote:
    > AmigaOS 3.1 or any other version of AmigaOS (except 4) is not mentioned in the whole settlement.

    AmigaOS 3.1 is mentioned 3 times in the settlement agreement:

    #1: ""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."

    #2: "Right to develop and distribute Amiga OS 3.9 upgrade of Amiga OS 3.5 (itself an upgrade of OS 3.1). Amiga considers this agreement terminated, but Haage & Partner may not."

    (This even has a mention of AmigaOS 3.5 and 3.9.)

    #3: "ITEC LLC assigns its full interest under the identified financing statement to the software known as 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."

    See comment #811 for a quote of the mention of "AmigaOS 5".

    > AmigaOS 4 Classic [...] precipitated the lawsuit

    AmigaOS 4.0 Classic was released 7 months after the begin of the lawsuit.


    Good quote Andreas,
    I was fairly sure that that was the the definition of "the software".
    "Never attribute to malice what can more readily explained by incompetence"
  • »14.04.19 - 20:33
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 10264 from 2003/5/22
    From: Germany
    > The Classic version would have also been within the remit of the 2001
    > contract and I think the non-delivery of it may have even formed part
    > of Amiga Inc's complaint or amended complaint. [...] There was certainly
    > speculation at the time that it only got released to show that they were
    > meeting one of their contractual obligations.

    Thanks for your input. I didn't object to this particular statement of KennyR ("AmigaOS 4 Classic (which Amiga Inc said was illegal)") because I took it to refer to the fact that AmigaOS 4.0 Classic was released after Amiga Inc. had terminated Hyperion's license in December 2006, so it'd make sense that Amiga Inc. deemed every OS4 release since then illegal. After this termination, it took Amiga Inc. 4 months to start the actual lawsuit.
  • »14.04.19 - 20:50
    Profile
  • Yokemate of Keyboards
    Yokemate of Keyboards
    Andreas_Wolf
    Posts: 10264 from 2003/5/22
    From: Germany
    Addendum:

    >> Trevor probably has no financial stake in any Hyperion shares

    > This is what Trevor wrote in August 2017: [...]
    > Whether or not Trevor attending a Hyperion shareholder meeting in June 2017
    > would indicate him being a Hyperion shareholder in 2017 I don't know.

    "Although I am a very minor shareholder, I can't talk for Hyperion Entertainment [...]. [...] I am a small shareholder in Hyperion"
    https://www.exec.pl/article.jsp?nid=189&Amiga_present_and_future:_interview_with_Trevor_Dickinson
  • »20.04.19 - 21:43
    Profile