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Old 07 February 2019, 23:04   #758
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Join Date: Jun 2015
Location: UK
Posts: 468
Originally Posted by Gorf View Post
There is always context that needs to be taken into account. A sentence does not stand alone.
You can read this agreement both ways - and that is why it is taken to court now.

The intention of the settlement agreement was certainly not to grant Hyperion full rights to the modification and distribution of 3.x - at least not from Amiga Inc's point of view. And Hyperions press release directly after the agreement shows the Hyperion was very aware of this.
So why did they wait all this years? Why didn't they start to sell the (unmodified) kickstart right away?
Hyperion was obviously waiting for the "right time", hoping Amiga Inc. being defunct ore otherwise incapable to react. And without Cloanto they would have been.
Indeed, if any of the recent contract disputes shows (RSI vs Crytek for example), the contracts are taken as a whole and the "meeting of minds" component is very important. You can't take something in isolation and use it to twist the whole contract into something it wasn't intended for.

Hyperions actions at the time show that they very well understood and agreed with the terms of the agreement, it's only recently they started to overstep their mark.

I suspect that the death of the Next-Gen Amiga pretty much killed OS4+ sales stone dead, and with Amiga Inc apparently dormant they thought they could get away with taking the resurgent classic market for their own, pretty much as you said.

Apparently Hyperion's 2017 sales totaled about 36,000 dollars - hardly a healthy business.

Even if people see Cloanto as evil or bad or greedy or lazy, at least they've shown a willingness to engage and talk with the community.
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