Hyperion AmiWest Announcement

[nBit7]

Does anyone remember what the reason was that classic OS4 wasn't allowed to come out before now?

For the simple reason that new hardware should have been available and more sales would be likely for new hardware vs old.  It would be silly not to focus first on where you think the most sales will come from.

[nBit7]

AI is blocking everythign because they terminated Hyperion's contract last December. Now it will be interesting to see what AI does about this announcement. I have a feeling the moment Hyperion does begin to sell Amiga-PPC OS4, an emergency request for relief will be filed. The Judge didn't do anything before since Hyperion didn't have any sales. Now they will and this may force the Judge into a temporary ruling till the jury trial.

As I see it the failed injunction means that Ainc can't do anything (now) about Hyperion selling OS4 to any platform what so ever.  But If AInc (fully) WIN then they can go after money made from any sales.  But given that classic hardware was basically covered by the contract then I don't see AInc getting any money back out of this.  Though I must point out I know very little about law.

[nBit7]

You mean like the Efika?

Both Efika and SAM are a licensing nightmare under the old contract.  Under the contract Amiga were to get 25 USD for every copy of OS4 with AmigaOne (2.03(B)).   The AmigaOne was targeted solely as an Amiga platform so the licence fee is easy too track.  The Efika and SAM are not targeted solely for the Amiga platform.  Thus any licence fee would be more difficult to track and prove.  This I think has much to do with why Amiga Inc are reluctant to licence these platforms.

[nBit7]

That's interesting. I guess the only real solution that Amiga Inc could see would be to put the whole $25 on the OS4 software, however overpricing the only piratable part of a "AmigaOne" system would encourage more people to download the OS illegally rather than buy it.

The problem with AInc putting $25 on the software is again the contract in '2.03(A) Royalties'.
"Standalone version.  Other than for OS4.0 for which no royalties shall be due by Hyperion,  Hyperion shall pay Amiga for 20 USD for each standalone version of any subsequent version of OS4 developed by Hyperion pursuant to this Agreement"

In retrospect this was a bad decision by Amiga Inc. If they had forgot about hardware licence fee and went for a software licence fee only we would probably see OS4 on these alternative hardware platforms and no law suit.  On the other hand we would not have seen AmigaOnes.  As Eyetech would probably not have taken on the risk if they had compete with generic solutions.

[nBit7]

Perhaps, but I don't see it making a lot of money. How many copies to sell... a couple thousand? And don't they have to pay Amiga Inc a cut on each sale? So they'd be funding the enemy too.

Under the contract, no they didn't have to pay Amiga Inc a cent in royalties for sales of standalone OS4.0.  Later versions 4.1 upwards they have to pay US$20 in royalties for standalone copies.
see 2.03(A) in the contract.