@Dammy
FYI, I'm not agreeing/disagreeing or defending Hyperion. I'm just paraphrasing what I understand are their two main points. Sorry I didn't make that clear befor your in-depth response.
I've avoided long discussions on it all since I see tons of grey area on both sides. For example...
That signed second contract with Itec (or was it KMOS?) for a port job again clearly shows Hyperion believed the succession of corps to be the true owner of IP they licensed. Else why would they sign that second contract?
Now Hyperion says details of the Amiga West<>Itec transfer involving things like insolvency where kept from them before signing the contract with Itec. Again I can't agree or disagree because I wasn't there, but with out proper documentation on both sides how can a "less-than-layperson" like me begin to decide. Many want to side here or there based on common sense, prior history and postings, and what I think are "sketchy documents".... hard to tell what will really matter to the judge though.
All I know for sure it both sides have messed it up good (developers excluded) and there isn't a fast easy way out because they can't come to an agreement with out stacks of lawyers. Personally I put large blame on those behind every version of Amiga Inc since the takeover from Gateway. They have done a poor job keeping their house and IP in order.
Plaz