downix wrote:
@ShadesofGrey
No, you seem to not grasp the intent of the question.
It was not that Genesi wanted AOS4 on the Pegasos for AOS4's sake, but the Pegasos's sake. Frankly, paying to have it ported then having the Pegasos's customers have to pay again per-copy sounds rather foolish to me, does it not to you? Hyperion has stated that they are charging per-copy of AOS4, so they should not be then discussing charging the hardware manufacturer for the port as well.
Unless you're saying that Hyperion recieved monies from Eyetech and DCE for the ports to their respective hardware platforms (The A1 and Cyberstorm/Blizzard, respectively).
Please don't take that the wrong way, but I don't think it's as simple as you put it. Or rather it can't be as simplified as you put it. It's just that most of the pro-Genesi camp have discounted the reasoning behind the licensing scheme that Amiga Inc. and Hyperion have hammered out and to which Eyech has agreed.
[Now, before anyone with conspiracy theories implying Eyetech's involvement in setting the OEM licensing terms, I'll agree that Eyetech may have had a hand in specifying a ROM dongle... But I suspect it was more Amiga Inc.'s idea to have a dongle rather than Eyetech specifying a ROM dongle. It's called negotiation.]
We have a situation where Hyperion, as an "Amiga" partner, is under contract to produce AOS4 and subsequent updates. They must do this for any hardware manufacturer or vendor who has agreed to the terms of the OEM license. This could include the Pegasos if Genesi or a Pegasos vendor were willing to agree to the terms of the OEM license (read about Eyetech's obligations below). Personally I think this is quite reasonable, but that's just me. Anyway, Amiga Inc. retains the right to 'buy back' all rights and IP associated with AOS 4 from Hyperion at just about anytime. In return, Hyperion was provided the source to AOS 3.1 as a basis for AOS 4. Hyperion get to determine the pricing of each OEM copy (if I've read the comments made here by Hyperion correctly). Hyperion will not be responsible for end user support, hence they have more resources for their 'own' projects (AOS 4 games) and to further develop AOS 4 (4.1, 4.2, etc.) Hyperion also retains the right to continue development of AOS 4 if Amiga Inc. should go out of business.
Likewise Eyetech, as an "Amiga" partner, is under contract to produce the AmigaOne. They're also obligated to provide end user to support for AOS 4 and institute some form of copy protection scheme (i.e. ROM dongle). Oh and Eyetech is obligated to bundle AOS 4 with all AmigaOne systems. As to what Eyetech gets out of the deal... Well, that's a bit harder to gauge. The certainly get to use the "Amiga" trademark. They also get 'exclusive' rights to 'distribute' AOS 4... But that's only because no other PPC platform manufacturer/vendor has agreed to the OEM license. So they know that those users interested in AOS 4 will have to buy their hardware. I also suppose this gives them the right to leverage AOS 4 to produce turn-key systems/devices in other markets (i.e. STBs. Kiosks, game consoles, etc., etc.). But that's just speculation on my part.
So, agreeing to the license and paying A 'nominal' (in Hyperion's opinion) fee is the 'incentive' for Hyperion to port AOS 4. It does not cover all development costs, or provide Hyperion with profit on AOS 4 development. Hyperion then expects to collect royalties based on each unit sold to recoup actual development costs and make some profit. I don't see what makes this a bad thing. And I don't see how this cam be viewed as unsual... Ideally, this is how Microsoft's OEM licensing is supposed to work. I'd also venture to guess this is how Apple's OEM licensing worked back during the Mac clones.
As for The CyberStorm/Blizzard PPC. Well, Hyperion has already stated that this is something of a 'freebie'. After all, they developed AOS 4 on Cyberstorm PPC cards, so why not allow Cyberstorm users to benefit. And even though the Blizzard is reportedly (I don't have either, so I only know what I hear) a less reliable sibling to the Cyberstorm, Hyperion have considered; are considering; will consider supporting them as well.
[If any representative form Amiga Inc., Eyetech, or Hyperion find fault with any of my observations, please correct them.]