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General chat about Amiga topics / Re: Hyperion vs Cloanto

« Last post by cgutjahr on November 15, 2018, 11:15:47 PM »

Quote from: SpeedGeek on November 15, 2018, 06:52:33 PM

No, No and No! The settlement agreement ended a previous breach of contract dispute between the Amiga parties and Hyperion in regards to the original Hyperion OS 4 licensing agreement. So, even if the the Amiga parties and Cloanto succeed in having the settlement agreement voided it does NOT void Hyperion's previous OS 4 licensing agreement.

Are you sure? This is what the settlement says:

"This agreement substitutes for, supersedes, and replaces all previous understandings and agreements between the parties [...]. No party is relying on a representation not set forth herein."

Doesn't sound like things would just switch back to the way the were before...

General chat about Amiga topics / Re: Rusty Modulator Cover? Heres a solution...

« Last post by Orphan264 on November 15, 2018, 09:13:46 PM »

Nice idea!

General chat about Amiga topics / Re: Rusty Modulator Cover? Heres a solution...

« Last post by paul1981 on November 15, 2018, 08:32:11 PM »

Nice! These would also do nicely to stick on custom towers and such.

General chat about Amiga topics / Re: Hyperion vs Cloanto

« Last post by SpeedGeek on November 15, 2018, 06:52:33 PM »

Quote from: Gulliver on November 15, 2018, 06:30:01 PM

The settlement agreement is not incidental, it the core of the matter.

Whoever wins in this point will ruin its adversary.

If Cloanto gets the resolution that the the settlement agreement is void, Hyperion will loose absolutely all Amiga rigths (including OS4 rights). This is because the previous license agreement has been legally declared breached by Amiga Inc., and that is why they had to make a settlement agreement in the first place. So if there is no settlement agreement, there is nothing to support Hyperion.

If Hyperion gets the resolution that the settlement agreement is still valid without any modification, they will be awarded their claim of loss of revenue which will most likely end up edging Cloanto into a bankrupt situation due to discontinuation of 3.1.4 online sales, 3.x development line and 3.x physical roms between other things.

My take is that just by witnessing what each party has done up untill now, they are both confident they will crush their opponent in court.

Also keep in mind that many times court cases are not won or lost by the core arguments themselves. Many times they are resolved based on legal technicalities.

No, No and No! The settlement agreement ended a previous breach of contract dispute between the Amiga parties and Hyperion in regards to the original Hyperion OS 4 licensing agreement. So, even if the the Amiga parties and Cloanto succeed in having the settlement agreement voided it does NOT void Hyperion's previous OS 4 licensing agreement. However, it would effectively reopen the original case and another trial could then decide whether there is cause to void the original OS 4 licensing agreement.

The settlement agreement may not be viewed as incidental to Hyperion, in particular if it affords them greater rights than the original OS 4 licensing agreement. But I never said it was in that regard, I simple said it was in regards to Cloanto's efforts to stop Hyperion's copyright and trademark infringement activities.

General chat about Amiga topics / Re: Hyperion vs Cloanto

« Last post by Gulliver on November 15, 2018, 06:30:01 PM »

Quote from: SpeedGeek on November 15, 2018, 04:49:33 PM

Quote from: Gulliver on November 14, 2018, 08:26:32 PM
You are wrong again. You should read the entire court case.

Cloanto is clearly attacking Hyperion saying that Hyperion has no rights at all since the settlement agreement according to their view, is now void due to breach of contract.

And not only that, they are the ones who are complaining about AmigaOS 3.1.4 with wild claims just to muddy waters even further.

Understand that Cloanto legally needs to clearly position themselves as holders of development rights to legitimate their 3.x product line, which is one of Hyperion´s complaints.

Again: there is no angel and no devil here, in both cases it is just the search for the destruction of the other "competitor" company.

Capitalism at its best.

No, I am not wrong. Simply, because Cloanto says the settlement agreement is now void due to breach of contract does NOT mean the breach was due to Hyperion's abuse of it's developer rights. Hyperion, has already breached it several other ways. Specifically, distribution of software they have no rights to
(e.g. Kickstart 1.3) and trademark abuse (e.g. registering Cloanto's trademark in the EU and claiming rights to Cloanto's Amiga trademark).

The above are only few examples of the numerous Hyperion breach's, but they are certainly the most blatant of them. The possibly that the settlement agreement could be voided as a whole, which may affect Hyperion's developer rights does not mean Cloanto is specifically attacking Hyperion's developer rights. It is merely incidental.

BTW, even if the settlement agreement is voided, Hyperion can still continue with development and distribution under it's previous OS 4 licensing agreement. Whether or not this restricts Hyperion in some ways is not exactly known.

The settlement agreement is not incidental, it the core of the matter.

Whoever wins in this point will ruin its adversary.

If Cloanto gets the resolution that the the settlement agreement is void, Hyperion will loose absolutely all Amiga rigths (including OS4 rights). This is because the previous license agreement has been legally declared breached by Amiga Inc., and that is why they had to make a settlement agreement in the first place. So if there is no settlement agreement, there is nothing to support Hyperion.

If Hyperion gets the resolution that the settlement agreement is still valid without any modification, they will be awarded their claim of loss of revenue which will most likely end up edging Cloanto into a bankrupt situation due to discontinuation of 3.1.4 online sales, 3.x development line and 3.x physical roms between other things.

My take is that just by witnessing what each party has done up untill now, they are both confident they will crush their opponent in court.

Also keep in mind that many times court cases are not won or lost by the core arguments themselves. Many times they are resolved based on legal technicalities.

General chat about Amiga topics / Re: Hyperion vs Cloanto

« Last post by number6 on November 15, 2018, 06:20:03 PM »

Quote from: Gulliver on November 15, 2018, 05:45:24 PM

Quote from: number6 on November 15, 2018, 05:23:42 PM
Quote from: kreciu on November 15, 2018, 04:56:35 PM
Why those "two parties" can't simply understand that they could COLLABORATE? Really, why not?

I see this question or something quite similar posted over and over. You need to understand the timeline. Initially this was about Cloanto and Hyperion, true.
The moment the Amiga parties entered the fray that changed.

The recent cease & desist notices come from the 3 Amiga parties, not from Cloanto.
Source

#6

Cloanto simply got those parties involved to gain leverage, as they did not have enough rights on their own to challenge the copyright claims.

I am pretty sure it is just a mere coincidence that Cloanto and all other parties involved have agreed the same representation on the same court case despite they are sued for different things.

And is funny how Amino all of a sudden got up from the grave.

This is not a sweet and innocent game.

No angels and no evils, just players.

My only point here is that this has progressed beyond Cloanto and Hyperion talking, for the sake of those who did not follow how this expanded to encompass more parties.
Anyway, the only active lawsuit is once again titled "Hyperion Entertainment C.V.B.A. et al v. Itec, LLC et al", so I don't see how those Amiga parties could do anything but respond. Did they not get involved "because" Hyperion filed the lawsuit?

#6

Amiga Hardware Issues and discussion / Re: Blizzard PPC + scsi drive

« Last post by Bennymee on November 15, 2018, 06:03:13 PM »

Quote from: kreciu on November 15, 2018, 03:45:30 PM

Good to know. I really think that maxed our A4000 is really, really nice machine! Maybe someday I will play with it.

I need to say that scsi (despite 10Mb/s) limit is still very fast for Amiga use and my HDD is really quiet. I got used to CF cards, and didn't want regular HDD (my Amiga is really, really quite), but good HDD and all is good.

I just copied 1GB of data from CF to my SCSI drive and it took literally few minutes. NICE!

The big plus is that the CyberstormPPC uses DMA, while the Amiga onboard IDE does PIO.

General chat about Amiga topics / Re: Hyperion vs Cloanto

« Last post by Gulliver on November 15, 2018, 05:45:24 PM »

Quote from: number6 on November 15, 2018, 05:23:42 PM

Quote from: kreciu on November 15, 2018, 04:56:35 PM
Why those "two parties" can't simply understand that they could COLLABORATE? Really, why not?

I see this question or something quite similar posted over and over. You need to understand the timeline. Initially this was about Cloanto and Hyperion, true.
The moment the Amiga parties entered the fray that changed.

The recent cease & desist notices come from the 3 Amiga parties, not from Cloanto.
Source

#6

Cloanto simply got those parties involved to gain leverage, as they did not have enough rights on their own to challenge the copyright claims.

I am pretty sure it is just a mere coincidence that Cloanto and all other parties involved have agreed the same representation on the same court case despite they are sued for different things.

And is funny how Amino all of a sudden got up from the grave.

This is not a sweet and innocent game.

No angels and no evils, just players.

General chat about Amiga topics / Rusty Modulator Cover? Heres a solution...

« Last post by amigakit on November 15, 2018, 05:41:15 PM »

A1200 / A600 Modulator RF Shield Cover Label at Amiga Kit Amiga Store

Do you have an old rusty or corroded metal modulator RF shield cover? Then cover it with this brushed effect steel label.

Features colour double tick logo.

Peel off the adhesive backing to attach to your A1200 / A600 modulator metal RF shielding surface.

Direct Link Here:

https://amigakit.amiga.store/product_info.php?products_id=12650

General chat about Amiga topics / Re: Hyperion vs Cloanto

« Last post by number6 on November 15, 2018, 05:23:42 PM »

Quote from: kreciu on November 15, 2018, 04:56:35 PM

Why those "two parties" can't simply understand that they could COLLABORATE? Really, why not?

I see this question or something quite similar posted over and over. You need to understand the timeline. Initially this was about Cloanto and Hyperion, true.
The moment the Amiga parties entered the fray that changed.

The recent cease & desist notices come from the 3 Amiga parties, not from Cloanto.
Source

#6

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