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Hyperion Entertainment confirms exclusive rights to AmigaOS

Brussels, December 31, 2017

Hyperion Entertainment CVBA was informed by US counsel that Cloanto has filed a claim in New York State in an attempt to invalidate and diminish the exclusive rights granted to Hyperion Entertainment on the basis of its settlement agreement with the Amiga Parties of September 30, 2009 which was confirmed by a stipulated judgment of December 14, 2009 by the US District Court, Western District at Seattle in case CV-07-0631.

Hyperion Entertainment regrets that its attempts to start discussions to reach a settlement with Cloanto - which were re-affirmed by a face to face meeting between the principals of both companies in Neuss, Germany during the Amiga 32 event - have failed and that Cloanto has once again decided to resort to legal action to deprive Hyperion of the rights granted to it.

Hyperion Entertainment is perplexed by the recent litigious attitude of Cloanto in view of the fact that for many months Cloanto offered AmigaOS 4.1 Final Edition for sale together with its emulation package and collected commissions on the sale of AmigaOS 4.1 Final Edition.  

Hyperion Entertainment has never changed its position on the extent of its rights since the settlement of September 30, 2009 and has distributed several versions of AmigaOS with AmigaOS 4.1 for backwards compatibility purposes.

Hyperion has moreover always acknowledged and accepted the pre-existing limited license granted to Cloanto to distribute certain versions of AmigaOS as part of an emulation package as specifically set out in its settlement agreement with the Amiga Parties.

Hyperion Entertainment nonetheless hereby reaffirms unequivocally that on the basis of the aforementioned stipulated judgment it has the worldwide exclusive right to distribute and sublicense AmigaOS on a standalone basis or bundled with hardware (OEM license), either on a physical medium (such as a ROM or DVD) or electronically (digital download).

The same applies for obvious reasons to any improvements and upgrades of AmigaOS for both 68K and PPC which Hyperion Entertainment has released and is planning to release.

Whilst we deeply regret that once again substantial resources will need to be redirected away from development to litigation, Hyperion Entertainment has every intention to vigorously defend its rights in court and by doing so, defend the rights of our licensees.

Nevertheless, Hyperion Entertainment wishes all its current, past and future customers and partners a Happy New Year 2018!

 

Scheduled downtime due to moving servers

Brussels, November 2, 2017

Due to moving the main web server, hosting this website, the blog, the support forum and a couple of other services, will be down from November 29, 22:15 CET until approximately November 30, 06:00 CET. After successful movement, services will be resumed as soon as possible.

Our apologies for any inconveniences and thank you for your understanding,
Hyperion Entertainment CVBA, management.

 

Hyperion Management Restructuring

Brussels, January 23, 2017

Hyperion Entertainment CVBA wishes to announce that Mr. Ben Hermans has resigned as a director of the company to allow him to concentrate on his practice as legal counsel. He remains committed to Hyperion Entertainment and will continue representing its legal interests in the best possible way. Ben of course also remains a shareholder in the Hyperion Entertainment business.

Timothy De Groote
Costel Mincea

Directors, Hyperion Entertainment CVBA

 

AmigaOS 3.1 source code leak - official statement

 
Brussels, January 5, 2016

Hyperion Entertainment wishes a happy New Year 2016 everybody!

The days between last Christmas and New Year were actually clouded by the sad fact that the source code of AmigaOS 3.1 and additional content dating back to 1994 was published and widely spread without permission of the rights-holder. Note that no code of AmigaOS 4.x was released or distributed.

Hyperion Entertainment holds an exclusive, world-wide, perpetual source-code license to the intellectual property of AmigaOS 3.1 and additional content as documented in the publicly available settlement agreement between Hyperion Entertainment and Amiga, Inc. which has taken the form of a stipulated judgement.

Based on this license AmigaOS 4.x development was started in 2001 by Hyperion Entertainment using the AmigaOS 3.1 code as a basis and as the direct successor of what Commodore left behind in 1994. AmigaOS 4.x is an actively developed product on sale and still incorporates a substantial amount of AmigaOS 3.1 code.
 
While this would be already more than enough of a reason to care about the unauthorised disclosure and distribution, it is also the very same settlement agreement which made all of this possible in the first place, which contractually requires Hyperion to enforce and protect any intellectual property rights associated with AmigaOS including the AmigaOS 3.1 source-code.

This entails that Hyperion Entertainment will examine all possible legal action against any unauthorised source of or use of this material it is aware of. All of this leads up to the reason why we "make such a fuss" about code which is more than 20 years old by now. While the original leak seems to stem from someone outside of the active community, it is even more sad to see quite some of the remaining active users happily participate in distributing this unauthorised copy, compromising years of development work and all possible future versions of AmigaOS and therefore biting the hand that feeds them against all common sense and in blatant violation of copyright.

Having said that, our most special thanks go to all loyal customers, user groups, dealers, partners and all others who showed and continue to show their support to us. You are the reason why AmigaOS still exists, why it remains under active development and why we care.

Thank you,
on behalf of Hyperion Entertainment, all associated developers, translators and testers.
 
 
Hyperion Entertainment CVBA
Tervurenlaan 34
1040 Brussels
Belgium
 
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

Attending Amsterdam

Brussels, June 24, 2015
 
Hyperion Entertainment CVBA is happy to confirm its presence at and sponsorship of the Amiga30 event in Amsterdam this upcoming Saturday (June 27, 2015).

At our booth we will show you some AmigaOS 4 hardware of the past and present, some of it you will most likely never have seen before. The latest beta version of AmigaOS 4 will of course be shown as well and will be available for visitors to have a go, along with some excellent software by 3rd party developers. We will talk about a long standing promise and last not least, we are always available for a nice chat with you to answer as many questions as we can.

Looking forward to seeing you all in Amsterdam! :-)
 
 
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