Amiga Inc sues Hyperion VOF for trademark infringement

[Piru]

@humppa

And? These two declarations are not mutually exclusive.

[Amigamia]

Here is the fix to this whole situation:

Move to AROS

 :ponder:

[asymetrix]

what a mess.

Hyperion signed a contract with AmigaInc to Port Exec to PowerPC - with minimal functionality for $25,000. This did not look a big task until Hyperion found that Exec was written in assembler.

At this stage a new contract should have been made for all the extra work needed. Its was not.

Hyperion Overextended themselves and done more work on the project that was requested.

Looking at the buyback clause IF AmigaInc goes bankrupt, Amiga OS 4.0 is legally Hyperions to do as they please.

AmigaInc accuses Hyperion for willfull delay on completing the project and returning OS 4.0 to AmigaInc, in an attempt to destroy AmigaInc and acquire Amiga OS 4.0 rights automatically.

Could this be true ? How can a compitent Softwarehouse overextend its contractual obligations ?

Yes Hyperion took 5 years to finish OS 4.0, thats not AmigaIncs fault.

Hyperion do not own Amiga OS 4.0 so they should return it in the minimilistic feature set as requested in the contract.

Hyperion should not offer technical support for AmigaOS 4.0 as it is not in their contract.

Create a new contract to remedy all this.

asy

[Tron2k2]

I don't know, I always liked Hyperion, they always seemed like decent guys.  They were certainly champing at the bit to do OS 4 back when I was at Amiga, and Amiga didn't mind letting them.

But what makes me wonder is, if AI V1.0 (the Washington State ones, who are now closed and legally don't have to service their debts) are gone and the contract was with them, then, why is it still valid now with Amiga V2.0?

In my case, I'm having difficulties collecting because technically it was a different company.  So, shouldn't the same rules apply?  Technically, it was a different company that made the contract with Hyperion.

There are so many twists and turns, its like this company/companies were designed specifically to make lawyers rich!

[a-pex]

Try http://web.archive.org/web/*/amiga.com
Fester

Really nice to see all the pages full of lies and empty promises again.  :-P

[a-pex]

Glittering wrote:
Now all it turns out to be, is Hyperions game to steal Amiga Inc property.

I think you are the bill mc evil aincompetent troll... may you are really billy, flaming here around???

[Starrfoxx]

I think the situation is very tiring.  When OS4 was finished, I felt this was going to be an important year for the Amiga.  It turns out I was right, but not in the good way I was hoping for.  We have this three way civil lawsuit going on, and who knows how long this will continue?

I don't know if Amiga will live on, make a comeback, or not.  I am a bit tired of all the empty promises, and I'm glad I had moved on to the PC a long time ago.  Yeah the OS is bloated and sucks, but it works.  As long as the programs I want to run or games I want to play work, then I'm fine.  I've got Win-UAE for all my classic Amiga stuff when I want to "look back".  For the most part, I just want ONE computer that will do what I need.  For now, that's my PC.  One day I wouldn't mind getting a Mac where I can dual boot to Windows as well, but those cost quite a bit.

As far as the future of Amiga is concerned, I think I'll just let it rest.  I adore the computer and would like to see it make a comeback, but I'm not sure if it's possible anymore.  I'll keep an eye on things and see how this all turns out.  Even if we get new Amigas this year, we'll still need software to take advantage of it.

I'll watch, skip the popcorn, and see how it turns out.  I'm not feeling very optimistic, though.

[AmiSake]

"Here is the fix to this whole situation:

Move to AROS"

{dumb response on]

Is Aros finished already ?
Is it usuable for the masses ?

[/dumb response on]

 :-?

[Tigger]

Tron2k2 wrote:
But what makes me wonder is, if AI V1.0 (the Washington State ones, who are now closed and legally don't have to service their debts) are gone and the contract was with them, then, why is it still valid now with Amiga V2.0?

In my case, I'm having difficulties collecting because technically it was a different company.  So, shouldn't the same rules apply?  Technically, it was a different company that made the contract with Hyperion.

AI sold the OS to Itec including the contract with AI, in fact we see Itec is who actually bought the OS from Hyperion for 25K.  What you need to find out is where did the money for that sale go, and why wasnt it used to pay down your (or Matts, or fill in the blanks debt).   The think I dont understand Bolten is why are you always after AI, I know you won the suit against them BUT YOU ALSO WON the suit against Bill McEwen, and unless he declared bankruptcy, that big check he got should have been used to pay you.  Him being paid all that money is public record as part of the Garry Hare lawsuit, get him dragged into court and get the half of the money he owes you at least.  He owns 10% of OS 4.0 according to the new records, I'm guessing he'd rather clear the debt with you then you get that.   Push at Bill, and you are much more likely to get money then the shell game that Ben came up with thats now biting him in the ass.
    -Tig

[Jose]

@Piru

Ok, so some of the code is not new, didn't knew that I still think it's cool that there's no extra layer to slow things down.

[ffastback]

asymetrix wrote:
Looking at the buyback clause IF AmigaInc goes bankrupt, Amiga OS 4.0 is legally Hyperions to do as they please.

asy

I think the language was about being insolvent rather than bankrupt, for which there is an important difference.  What might hurt Amiga is on some levels they seem to argue that they were insolvent in both the Garry Hare case (the only $100 in the bank thing) and the aftermath of the Bolton Peck case (i.e. why they supposedly say they don't owe Bolton, essentially not being the same Amiga Inc.).

If Hyperion is smart they will leverage this.

[billt]

Forcing them to release the prisoner (OS4) is a must, if Amiga OS wants to survive.

Yes, because Amiga Inc. has shown so well they want to invest in people to support OS4 (customer support), they want to hire programmers to fix any found bugs and improve the product (4.1 etc). Amiga has shown that OS4 is important to them, is worth their investment, time and energy. I don't know how OS4 could possibly succeed or survive without them. /sarcasm

I'm currently somewhat concerned about OS4's survival regardless of who wins this lawsuit. Is Amiga Inc. capable or genuinly interested in holding OS4 together as a usable and viable OS product if they win, or will it fall apart and become nothing? Is Hyperion legally allowed to do anything with it if they win and Amiga Inc. continues to refuse hardware licenses?

[guru-666]

why do you feel that it matters what happens to os4?  It's not the only option.  Whats so great about os4?

[Magic-Merl]

Don't mean to upset the flow of this debate but....

Looks like Bill is nowhere near to having OS5 as he previously intimated, otherwise he would be flogging that with the new motherboards.

OK back to what you were talking about.

[minator]

"We made Amiga, they {bleep}ed it up"

That's even more true after all these years...

I still think it's cool that there's no extra layer to slow things down.

No, but there is an extra lawyer to slow things down instead.

:-D

[Iggy_Drougge]

Amiga Inc. point out in their statement that Hyperion didn't deliver on time. Apparently OS4 was to be delivered after a short while, a year or less. But they sue only now, after more than five years have passed. If you wait that long, can you really have a case? Wouldn't it be like having an apple tree and not picking its fruits, so someone else comes and pick it, makes juice out of it and only then do you come to tell them that the apples were yours, after having neglected your fruits for so long?