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Amiga computer related discussion => General chat about Amiga topics => Topic started by: Piru on May 27, 2007, 12:51:39 AM

Title: Ben Hermans - The time is now just about right
Post by: Piru on May 27, 2007, 12:51:39 AM
35-2decmcewenexhibit2show_case_doc.pdf (http://merlancia.us/amiga-hyperion/35-2decmcewenexhibit2show_case_doc.pdf) - page 8
Title: Re: Ben Hermans - The time is now just about right
Post by: ChaosLord on May 27, 2007, 01:01:52 AM
Who is Ben Hermans?
Who is Gary Hare?
Title: Re: Ben Hermans - The time is now just about right
Post by: Piru on May 27, 2007, 01:21:03 AM
You are kidding, right?
Title: Re: Ben Hermans - The time is now just about right
Post by: amigakid on May 27, 2007, 01:22:12 AM
haha Chaoslord thats funny, at least i hope ur making a joke
Title: Re: Ben Hermans - The time is now just about right
Post by: ChaosLord on May 27, 2007, 01:25:36 AM
Not all of us obsessively follow the political shenanigans and  revolving door officers of the various Amiga factions.

Sorry I asked such a simple question.
Title: Re: Ben Hermans - The time is now just about right
Post by: pixie on May 27, 2007, 01:32:08 AM
This remember me two musics:
The time is right - Moloko
True colors - Cyndi Lauper (Phill Collins version)
Title: Re: Ben Hermans - The time is now just about right
Post by: Vincent on May 27, 2007, 01:39:56 AM
Quote

Buck is working on a big deal with Motorola, he even went as far as to sponsor a recent Motorola event in Texas. He might have money coming back in, being the con-artist that he is, he always succeeds in that in the end.

:lol:
Title: Re: Ben Hermans - The time is now just about right
Post by: Argo on May 27, 2007, 01:51:04 AM
Quote

ChaosLord wrote:
Who is Ben Hermans?
Who is Gary Hare?


Ben Hermans was the head of Hyperion Entertainment and one of the managing parterns of the company. He is assumably, by his statement, a laywer and drafted the original licening contract between Hyperion and Amiga, Inc (Washington).

Garry Hare was, from what I understand was brought in by the Amiga, Inc. investors as, the CEO of KMOS, Inc.  Which purchased AmigaDE from Amiga, Inc. (Washington) and then Amiga OS from Itec, Inc. Amiga, Inc. (a Washington Corp.) has sold the Amiga OS assest to Itec, Inc. to presumably concentrate on AmigaDE. After these two assest acquisition, KMOS, Inc. renamed itself Amiga, Inc (a Deleware Corp).
Title: Re: Ben Hermans - The time is now just about right
Post by: vk3heg on May 27, 2007, 11:13:41 AM
Quote

Argo wrote:
Quote

ChaosLord wrote:
Who is Ben Hermans?
Who is Gary Hare?


Ben Hermans was the head of Hyperion Entertainment and one of the managing parterns of the company. He is assumably, by his statement, a laywer and drafted the original licening contract between Hyperion and Amiga, Inc (Washington).

Garry Hare was, from what I understand was brought in by the Amiga, Inc. investors as, the CEO of KMOS, Inc.  Which purchased AmigaDE from Amiga, Inc. (Washington) and then Amiga OS from Itec, Inc. Amiga, Inc. (a Washington Corp.) has sold the Amiga OS assest to Itec, Inc. to presumably concentrate on AmigaDE. After these two assest acquisition, KMOS, Inc. renamed itself Amiga, Inc (a Deleware Corp).


Better watch out. My pet dog might own amiga next and we'll just have to rename him!
Title: Re: Ben Hermans - The time is now just about right
Post by: Piru on May 27, 2007, 02:15:44 PM
For the pdf impaired:

Code: [Select]
From: Ben Hermans [mailto:LegendConsulting@netscape.net]
Sent: Sunday, March 28, 2004 6:21 AM
To: garryhare@comcast.net; admin@eyetech.co.uk; alanr@free.fr
Cc: ""Pentti Kouri""
Subject: Re: Itec invoice

Garry, Alan,

I think the time is now just about right to start up legal proceedings in the EU against
MorphOS/Genesi/bPlan.

The US based litigation is very limited in scope and purely defensive.

Moreover, Buck is drafting most of his own legal briefs (and it shows) with his lawyer
only brushing up the briefs which allows him to keep the costs down.

In the EU I intend to file in Dutch which will make that impossible.

Being the control freak that he is, Buck would probably insist on everything being
translated or at least very extensive briefs from his lawyer.

Fees will go through the roof, especially because the issue at hand requires highly
specialised knowledge and you can't hire a sole practisioner for this type of litigation.

Buck is working on a big deal with Motorola, he even went as far as to sponsor a recent
Motorola event in Texas. He might have money coming back in, being the con-artist that he
is, he always succeeds in that in the end.

We have an opportunity here to overwhelm his resources and obtain an executory judgement.

Alan has already agreed to join the legal battle which I would wage on two fronts with two
separate actions, one with Hyperion/KMOS as plaintiffs, one with Eyetech/Hyperion/KMOS and
possibly Amiga as plaintiffs.

I have gathered all required information, done all the preliminary research, briefed all
appropriate people within our firm.

We're ready to go.

I believe it should be possible to get these actions filed and well under way for 10K euro
which is bearable between the three/four companies involved.

Your thoughts, comments?

Best regards,

--
Ben Hermans


__________________________________________________________________
Introducing the New Netscape Internet Service.
Only $9.95 a month -- Sign up today at http://isp.netscape.com/register

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[EDIT]fixed couple of typos[/EDIT]
Title: Re: Ben Hermans - The time is now just about right
Post by: Kaminari on May 27, 2007, 02:29:17 PM
> We're ready to go.
> You thoughts, comments?

Here's a nickel, Ben. Go buy yourself a better computer.
Title: Re: Ben Hermans - The time is now just about right
Post by: cv643d on May 27, 2007, 03:37:55 PM
What a bunch of scumbags.
Title: Re: Ben Hermans - The time is now just about right
Post by: Tomas on May 27, 2007, 04:07:36 PM
Sigh.. My views of Amiga INC versus Hyperion is changing alot.. It is starting to look more and more like Hyperion is rotten like hell as well.  :-(
Title: Re: Ben Hermans - The time is now just about right
Post by: PulsatingQuasar on May 27, 2007, 04:15:09 PM
Every company is rotten like hell. Just as soon as stake holders, share holders, investors and just plain money come in to play it all goes wrong and in the end the customer pays for the stupid behavior of a few morrons.
Title: Re: Ben Hermans - The time is now just about right
Post by: Christian Johansson on May 27, 2007, 04:22:46 PM
Hehe is that a serial on the back the OS4 cdpackaging? :)
Title: Re: Ben Hermans - The time is now just about right
Post by: Floid on May 27, 2007, 04:56:12 PM
Quote

Kaminari wrote:
> We're ready to go.
> You thoughts, comments?

Here's a nickel, Ben. Go buy yourself a better computer.


Considering the [eventually admitted] malicious nature of the suit and specific performance sought by Genesi (tangle AInc. in lawsuits to scare the VC away; force AInc. to cough up DE/AA with no intention to actually pay upon delivery), this was a pretty reasonable defense.  Not a pretty one, but reasonable.  No idea if Hermans' retainer is par for corporate work in the EU.

The sick part is AInc. turning this around on Hyperion, who, ignoring some of the strict contractual matters at issue, sure as heck performed and delivered under extraordinary conditions at a pretty extraordinarily reasonable price.  If Ben's personal bill for services ran higher than the total contractual cost of OS4, I can see how some might be annoyed, but take that out on him, not the company.  :roll:
Title: Re: Ben Hermans - The time is now just about right
Post by: Piru on May 27, 2007, 05:02:05 PM
@fryguy
Quote
is that a serial on the back the OS4 cdpackaging? :)

Yes it is. I doubt it'd work if you tried to register with it, however. ;-)
Title: Re: Ben Hermans - The time is now just about right
Post by: amigakid on May 27, 2007, 05:24:48 PM
@totalchaos,

It's all good, i'm just giving you crap.  Besides no question is simple in the Amiga world anymore
Title: Re: Ben Hermans - The time is now just about right
Post by: Darth_X on May 27, 2007, 06:05:08 PM
Quote

Floid wrote:

Considering the [eventually admitted] malicious nature of the suit and specific performance sought by Genesi (tangle AInc. in lawsuits to scare the VC away; force AInc. to cough up DE/AA with no intention to actually pay upon delivery), this was a pretty reasonable defense.


Everyone, this is completely false!

Title: Re: Ben Hermans - The time is now just about right
Post by: K7HTH on May 27, 2007, 06:10:50 PM
Quote
amigakid wrote:
Besides, no question is simple in the Amiga world anymore


So true, so true.
Title: Re: Ben Hermans - The time is now just about right
Post by: bbrv on May 27, 2007, 07:23:34 PM
Of course it is.  We sent Floid an email.

R&B  :-)
Title: Re: Ben Hermans - The time is now just about right
Post by: JoannaK on May 27, 2007, 10:44:14 PM
Piru: thanks for the text version.. It's kinda fascinating to see what kind of material exists on company archives.

 :rtfm: