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Amiga News and Community Announcements => Amiga News and Community Announcements => Announcements and Press Releases => Topic started by: humppa on May 02, 2007, 01:36:42 AM
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Whilst it is not Hyperion Entertainment’s policy to comment on ongoing litigation, we would like to reassure our customers (whom we wish to thank for their very numerous notes of support following the news) that development of AmigaOS 4.0 related components is still ongoing and will continue apace during the duration of the litigation with Amiga Inc.
Source (Hyperion VOF) (http://www.hyperion-entertainment.biz:8080/news/2007-05-01)
Official statement on litigation with Amiga Inc.
Leuven, Belgium - May 1, 2007.
Whilst it is not Hyperion Entertainment’s policy to comment on ongoing litigation, we would like to reassure our customers (whom we wish to thank for their very numerous notes of support following the news) that development of AmigaOS 4.0 related components is still ongoing and will continue apace during the duration of the litigation with Amiga Inc.
Following over 18 months of unproductive negotiations with Amiga Inc. through our management and attorneys, we welcome the opportunity to finally present our case in a court of law which was regrettably the only remaining avenue after Amiga Inc. repeatedly and consistently stonewalled any attempt to resolve the outstanding issues (including the “Party Pack” and “I am Amiga Club” voucher schemes and the failure to acknowledge the intellectual property rights of third party developers) through mediation and binding arbitration.
Despite the failure of Amiga Inc. to secure access to the Amiga OS 3.5 and 3.9 source-code and indeed the reworked Amiga 3.1 source-code, Hyperion Entertainment has, in the form of Amiga OS 4.0, delivered a product which meets and surpasses all contractual design and development goals (e.g. full Amiga chipset independence), a fact which was previously acknowledged contractually and publicly by Amiga Inc. Under the 2001 agreement with Amiga Inc. Hyperion is entitled to all revenues stemming from distribution of Amiga OS 4.0 irrespective of the execution of the “buy in” clause which relates solely to subsequent versions (Amiga OS 4.1 and beyond).
We will therefore vigorously defend the claim which we consider entirely devoid of substance and we are extremely confident of a favorable outcome.
In closing, we would like to remind dealers and other third parties that distribution of Amiga OS 4.0 without the prior permission of Hyperion VOF and certain third party developers is illegal under EU, US and international copyright legislation and therefore entirely at their own risk.
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What does "VOF" mean?
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@weirdami
What does "VOF" mean?
"Vennootschap onder firma" or General partnership (http://en.wikipedia.org/wiki/General_partnership)
Which means:
The owners are all liable for legal actions and debts the company may face personally
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The last thing I recall hearing is that Hyperion had the rights to OS4, even if Amiga went bottom up, that they would retain over all rights to OS 4 to ensure that the OS survived.
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"Vennootschap onder firma"
And here I thought it meant "Virtually On Fire".
*snort* :-P
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@Piru
That sounds like a complicated and dangerous partnership to be in. Better not get in bed with someone who's just going to skip town. I guess you'd really have to trust your partners. And, don't VOF with a poor guy because if things go wrong, you and your rich money are down the drain. Sounds like someone could intentionally ruin you that way.
I wonder if VOF here applies to Hyperion and Amiga, or just to the owners of Hyperion.
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@weirdami
I wonder if VOF here applies to Hyperion and Amiga, or just to the owners of Hyperion.
It applies to Hyperion only.
Amiga, Inc (as the name suggests) is an incorporation (http://en.wikipedia.org/wiki/Incorporation_%28business%29), where
Protection of personal assets. Safeguarding personal assets against the claims of creditors and lawsuits. Sole proprietors and general partners in a partnership are personally and jointly responsible for all the liabilities of a business such as loans, accounts payable, and legal judgements. In a corporation, however, stockholders, directors and officers typically are not liable for their company's debts and obligations.
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More fluff from hyperion. You tried to scam Amiga Inc and now your going to court, better to stop this madness and give Amiga Inc what is clearly not yours.
Apart from being bad coders, you atm look like thieves aswell.
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@piru
Neat business law education I'm getting. :-)
Now, if I can only resolve how Hyperion being a VOF affects it's agreement with Amiga. I thought I read that Hyperion was doing things not allowed as a VOF company and Amiga was suing (at least in part, I guess) because of that.
Anyhoo, what I need is a time machine to go into the future to see how this all plays out. Following things closely and judging every little change as somehow important or interesting (like how 24 hour news networks handle breaking news) probably isn't a good idea. I wanna wait until something real happens. Let's see if I can resist the second by second commentary. :lol:
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We should create a poll to see who thinks who will win in court... Amiga Incompetent or HYPErion VOF.
Side betting allowed. :lol:
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As I see Amiga Inc is the most known company which want to gain some profit through law instead of sw/hw development. Not sure if this leads us to the right place.
Sorry about this, but Jay Miner died - justice disappeared. Amiga Inc. wants to slice up / break down even more this slowly disappearing customer base.
Now I´m turning back to my A500 and the good old memories...
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Yea...
If Jay Miner were alive to this day, he would probably go light a bag of dog tirds in front of McEwen's home and post the video on YouTube lol! :-D
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@Glittering
Bad coders?? OS4 rocks, thanks to Hyperion. You don't know what you're talking about.
Hyperion are the evil!!!1
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VOF = Very Official F**Ked....
________
Zx14 vs hayabusa (http://wiki.answers.com/Q/Which_bike_is_quicker_kawasaki_zx_-14_or_suzuki_hayabusa)
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kd7ota: I can see Jay doing something like that!
Also I can see Jay falling in love with the do it yourself, hobbyist, computer community and hating the main stream (for profit only) computer community that dominates the world today.
Again, I can definatly see him doing something like that! :)
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Bad coders?? OS4 rocks, thanks to Hyperion. You don't know what you're talking about.
Something what should have took months has dragged on for years, That is what i would call bad coders. As i said before, if this was any other company (especially Amiga Inc) people would be out for blood but because its hyperion we all should ignore what they have done and blindly support them.
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Glittering: That is what i would call bad coders.
Um, how about just over-ambitious coders, or under-experienced? OS design is a lot more complicated than porting games.
Not that I'm disagreeing, of course. Refactoring OS3 wasn't a very bright thing to do, and I say that as a person who does a lot of refactoring.
As for the lawsuit, hell, the finger points to everyone these days. Sorry, but these businesses all deserve each other.
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Something what should have took months has dragged on for years, That is what i would call bad coders.
What the hell have you been smoking now? You certainly know NOTHING about developing if you think it takes months to rewrite big parts of an OS and port it to a completely different architecture.
Why does it even take years for big companies like microsoft with literally unlimited resources? It took them actually years to push out Windows Millenium, which was in fact a smaller change than os4 is to os3.1. It also blowed {bleep} and was actually a downgrade.
Why not join Aros or something if you believe you can actually help them finish the OS in just a few months.
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that's paul gadd why are you ppl even responding...
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Yes but microsoft does not make a ass out of themselves by keep claiming the product will be out in "two weeks" again and again for years and making stupid pathetic excuses when they deliver zilch time and time again.
If the people at hyperion would have shut their stupid mouths and stopped making false progress reports, these things would not have come back to haunt them. A total unprofessional shambolic excuse for a company and getting finished of in court is a blessing to the amiga.
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What the hell have you been smoking now? You certainly know NOTHING about developing if you think it takes months to rewrite big parts of an OS and port it to a completely different architecture.
Hilarious that you should say that, because it's the Friedens who said it would take five months to complete OS4. Their estimate is in the court documentation.
And yes, I agree with you.
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Who cares HOW long it took to get OS4 out??
what matters is that even dispite all the obstacles, they KEPT working at it and every week beta testers were sending reports and new version of various parts of the OS came out.
They persisted - the main key to success.
They can say that THEY finished a product and having seen it develop over the years I can say it's very impressive.
I've seen plenty of groups have big ideas but when things get difficult, they lose heart and give up. Hyperion never gave up and for THAT they deserves loud applause.
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Yes but microsoft does not make a ass out of themselves by keep claiming the product will be out in "two weeks" again and again for years and making stupid pathetic excuses when they deliver zilch time and time again.
I have never seen hyperion claim anything like that. I have however seen Amiga inc making similar press releases saying that OS4 and hardware is supposed to be out within weeks, even though the OS dev had not even started yet.
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Hilarious that you should say that, because it's the Friedens who said it would take five months to complete OS4. Their estimate is in the court documentation.
Like i already said before, i think it is silly of them to agree on something like that, as they should have known it was simply not possible.
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Odd, i clicked "post comment" just once and still i got a double post?
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It's cool that Hyperion has the rights to AOS4 but what will happend then ? Keep developing AOS4 versions forever ? Amiga Inc as greedy as they are will probably release AmigaOS5, even as if just as word game for mobiles just to create market confusion. That's very bad.
BTW I'm still waiting for my 50$ refund too, should we sue AInc for that ?
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Yeah...go on....do it. :lol:
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@glittering
Microsoft does not break promises?
that's BS.
here's an example: http://en.wikipedia.org/wiki/WinFS
did you know that winFS was first talked about as a supposed part of the os codenamed Cairo (NT4) back in the early ninties?
(under another name:OFS)
That's even before 3Drealms started making Duke nukem forever!!
Well I for one am STILL waiting for it.
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;-) As for this bit:
We will therefore vigorously defend the claim which we consider entirely devoid of substance and we are extremely confident of a favorable outcome.
...I'm certain that they mean that they will defend against the claim. Still, here's to a speedy resolution that's equitable to all.