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Amiga Future

Hyperion Statement AmigaOS 3.1.4 ENGLISH

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Amiga Future Chefredaktion
Amiga Future Chefredaktion

Joined: 05 Jun 2001
Posts: 41278
Location: Übersee


PostPosted: 25.10.2018 - 14:04    Post subject: Hyperion Statement AmigaOS 3.1.4 ENGLISH Quote

One could read through out the net about selling of AmigaOS 3.1.4 being suspended due to a cease and desist letter by Amiga, Washington.

It looks like AmigaOS 3.4.1 was not available for a short time period, but this is no longer the case.

Before we spread any rumours by "insiders", we simply sent a few questions to Hyperion and would now like to publish their official statement here for you.

Small subsequent comment from us, since this is claimed by third parties.
(Why don't you just ask us about that? When it comes to sponsoring, you know how to contact us by email.)
No, of course we did not only ask Ben Hermans but all CEOs of Hyperion.
And this statement is not from Ben Hermans but from Hyperion.
And yes, APC&TCP will be offering AmigaOS 4.1 FE in the online shop until the end of the year.

- Is it true there was a cease & desist letter against Hyperion and the selling of AmigaOS 3.1.4?

Not entirely. It is true that a letter was sent to 2Checkout by a U.S. lawyer claiming to represent the since January 2, 2009 administratively dissolved Amino Development Corporation.

Interestingly, the letter was sent by the same lawyer who also represents Cloanto in the ongoing lawsuit in Seattle. 2Checkout, which wanted time to investigate these claims, subsequently suspended AmigaOS 3.1.4 sales pending its investigation.

- Who initiated this cease & desist letter against you?

As already stated, the aforementioned U.S. attorney representing Amino Development Corporation sent the letter to 2CheckOut.

According to the U.S. law-firm representing Hyperion Entertainment in the pending lawsuit in Seattle, quote: "the letter is quite deceptive: not only does it fail to reveal Amino?s corporate status, it falsely suggests that Amino is asserting rights in the Amiga OS and Boing Ball marks".

The legal standing of Amino Development Corporation was not made clear to 2CheckOut but can be verified on an official site of Washington State:

- What exactly was the subject of the cease & desist letter?

It claims Hyperion Entertainment violated copyright, which is not only incorrect as pointed out by our Seattle based law-firm but the letter also falsely suggests that Amino is asserting rights in the Amiga OS and Boing Ball marks which is clearly not the case.

- Why is AmigaOS 3.1.4 available again anyway?

Obviously, Hyperion nor its lawyers share Amino's (and Cloanto's) opinion. The settlement agreement is very clear that we have all necessary rights to publish AmigaOS variants based on the original AmigaOS 3.1, irrespective of the version number used. The language in the 2009 settlement agreement could not be more clear about this.

Hyperion therefore has the right to release AmigaOS 3.1.4, 4.0, 4.1, 5.0 etc. The versioning nor the actual name matter provided the software is based in part on the original AmigaOS 3.1. We therefore consider AmigaOS 3.1.4, just like all our products, to be 100% legal as per the terms of the settlement agreement of September 30, 2009.

As a lot of people spent a very substantial amount of time and energy on developing and testing AmigaOS 3.1.4, the least we could do was to made sure that it was made available again by digital download as soon as possible. The physical release will be available from our highly valued Amiga dealers starting next week (CW 44). Luckily, Amiga Dealers are not easily intimidated by misleading letters.

- According to Hyperion's opinion, who is responsible for this action in truth?

Our U.S. lawyers clearly believe that it is Cloanto which is behind this action.

This ridiculous and misleading letter sent by the very same U.S. lawyer who "coincidentally" represents both Cloanto Corporation and Amino Development Corporation in the ongoing litigation leaves very little room for doubt.

- What do you think was the rationale behind demanding Hyperion and your service provider
respectively to stop (the digital) selling of AmigaOS 3.1.4?

The reason is simple: money.

Certain opposing parties in the ongoing trial in Seattle believe that by putting financial pressure on us and by draining our resources through cutting out the sales of our products, they will be able to gain the upper hand because Hyperion would no longer have the financial means to defend itself in court and would lose the lawsuit "by default".

It is exactly the same tactic which was used by Amiga Inc. and Itec LLC in 2007 when these parties tried to obtain full ownership of AmigaOS 4.x including copyrighted material to which Hyperion only had a (exclusive) license.
Andreas Magerl
Chefredaktion Amiga Future
Geschäftsführung APC&TCP
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Grade reingestolpert
Grade reingestolpert

Joined: 26 Oct 2018
Posts: 1

PostPosted: 26.10.2018 - 18:36    Post subject: Poor journalism Quote

Hyperion running out of arguments is not surprising, but I am disappointed at the poor journalism that is being delivered by Amiga Future.

For the second time in a few weeks (unless Google Translate Is Not My Friend), you are providing an advertising platform for meaningless statements of convenience by Ben Hermans & Co. and Trevor Dickinson, without verifying the truthfulness or relevance of the same. Why are there no critical voices, but only those of the rich and legally astute, who have shown in the past how they consider themselves above the law? Are you independent at all, or, speaking of coincidences, are you relying too much on your collaborator Trevor Dickinson (as Hyperion Entertainment is)?

Did 2Checkout receive a cease and desist notice only from Amino Development Corporation ("Amiga Washington"), or also from Amiga, Inc. ("Amiga Delaware")? What about Itec? And Cloanto? Ask them this question directly, and you may get a direct answer. If you do not, they will not tell you. That is why they call them lawyers, right?

Amiga Washington may have been administratively dissolved, but so what? Wasn't Hyperion Entertainment also administratively restricted more than once? The Washington company remains alive until its assets have been liquidated. The very website you provided shows that they have been maintaining a registered agent and updating information, year after year. Bill McEwen is still in charge! As for the meaning of "dissolved", perhaps Google Is Your Friend? Look up the Chapter on Dissolution, paragraphs 23B.14.010 to 23B.14.400, in the Washington Business Corporations Act: "A dissolved corporation continues its corporate existence... [It may keep] doing every other act necessary to wind up and liquidate its business and affairs..." This includes defending itself.

What is so incredible about multiple parties using the same law firm? The same lawyer (Ben Hermans and his large law firm colleagues) sued them all! Whenever Hyperion Entertainment sued multiple Amiga parties, they all used the same lawyers. It was the case 10 years ago, and it is the same now. Perhaps Cloanto's small law firm in rural Vermont is much better at dealing with these matters than expensive Reed Smith in New York, and somebody finally took notice?

In addition, per the Neuss meeting notes, did Ben Hermans himself not admit of providing legal advice to other parties he has been inciting in his personal crusade against Amiga and Cloanto?

I agree about two things. Which makes your article more dangerous, as there are truths mixed with misleading if not false information: that 3.1.4 is good work (not by Hyperion Entertainment though), and that there is some decent money involved (for Hyperion Entertainment standards). But since Hyperion Entertainment is the one who "stole" this (my opinion, until a court decides otherwise), and is trying to make money out of it, it seems you are confused about who should be blamed for this "greed"?

Hyperion Entertainment and its lawyer-majority-owner and their millionaire funding source (and Amiga Future contributor, like the German guy who registered the "Amiga" trademark... another coincidence?) are the aggressors here, and have been since they robbed the Amiga companies of AmigaOS 4. Remember, Amiga Inc. had paid Hyperion Entertainment in full to port 3.1 from 68K to PPC, which Ben Hermans himself had said would be a quick and easy job. Until he preferred suing rather than delivering on his words. These facts were never proven wrong, as the parties settled. Why do you defend him? By supporting the same aggressors now, you are discrediting yourselves and doing a disservice to the Amiga Community. Or do you want an Amiga Future consisting of Lawsuits? If so, you are on the right path, for Hyperion Entertainment has been successfully delivering Amiga lawsuits for more than 10 years.
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