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

info@hyperion-entertainment.com

[Gzegzolka]

"happily participate in distributing" - that was fun part. Like everybody who download it will compile it and create their own illegal os4.0 . I do not see it like that, in my humble opinion people download it, just because it was put into net, to preserve it in their collections. Maybe few people will try analyze it or use to improve their own code.

Anyway, it's good to see official statement. I understood that Hyperion need that code to work on their system and that leak is bad for them. I only wish to open-source (or some how open for developers with few restrictions that will secure Hyperion) parts of this code from 94. It would be nice gift for long alive community that might boost some developent here and there.
If there is anything created by Hyperion it should stay with Hyperion as their code and still be copyright protected.

[jbenam]

The "why do we care" part still doesn't make sense. Sorry, Hyperion - AmigaOS 3.1 is used by a completely different part of the market, which still uses 68k and needs far lower hardware requirements.

I could understand the need to protect the code if they were working on AmigaOS 3.2 or something, but 4.1+ is in a different market segment and saying that they're protecting it just because there's part of its code in a new, still-sold product doesn't make sense. Do they fear that someone will take the AOS3.1 sources and make a free, open-source AOS4.x clone? They're not even making any money from existing AOS3.1 copies being sold, as far as I know.

"It's dead, Jim" - just give the code back to the community and keep developing/selling AOS4.x. That will make everyone happy.

[DDNI]

They worry that the leak breaks the covenant in their contract to use and protect the AmigaOS 3.1 IP upon which AmigaOS upwards is based.

This breach potentially puts their contract to further develop AmigaOS in jeopardy.

One thing I note about the Amiga community, that is unchanged from 515k A500 days is the expectation that AmigaOS will always support the lowest common base of hardware and that it will be free. This stimied AmigaOS development back then and threatens to again.

[Anubis]

O boy...

Sure, you guys own source code right for DEAD computer. Gratz!

Big deal... but thanks for reminder how screwed really Amiga scene is and how you help to tank it to bottom of the sea...

@jbenam - while I would love to see WB 3.2. not really interested in 4.x and up... or anything non 68k.

[Amiga1992]

Fuck you Hyperion.
Can anybody share with me this source code? Just to bother Hyperion more

[Locutus]

Now that this statement is out, can we all continue with what we where doing anyway?

Thanks Hyperion!

[wXR]

I can't even believe that I bothered to read that nonsense, which is just as divorced from reality as the few people hanging on for Amiga's great return. Proprietary software can go fuck itself. As someone else on these forums said, welcome to the Internet. The source is not going back into the bottle. And indeed, hopefully the OS4 code leaks and we can likewise put an end to this silliness once and for all.

Also, Ben, you ran one of the largest crack groups on the C64, during its final days. The irony is striking.

http://csdb.dk/scener/?id=8057

Just give us a break already.

[Chucky]

Why not give the amiga community a present: release the Classic V3.x Amiga stuff out. 3.1 and 3.9. let us develope a open-sourced versiopn for classic machines. noone would do a "PPC" port to compete with 4.x.. hell I would buy some more 4.x licenses just to say thanx.

instead of whining of a source that you do not support anyway (classic machines. non PPC ones)

my 5 cent

[wXR]

https://web.archive.org/web/20150324...cener/?id=8057

Putting this here for posterity, in case Ben decides to change his CSDb photo.

[Locutus]

....Amusingly enough it seems the DMCA takedowns (GitHub, Twitter) are actually by Cloanto......not Hyperion.

Come on guys, a tiny bit more effort.

[daxb]

Overall it sounds a bit like "cry to mama" and some stuff doesn`t make sense like others mentioned already.

[wXR]

Ben (if you read this, and I suspect that you will),

Rather than proceeding with this bullshit and ultimately degrading corporate style of "declarations from up on high", why don't you approach this community -- which is presently (and quite rightly) calling you out as a troll -- with a modicum of sense and integrity? I doubt very much that OS4 and its related developments are so offensive to anyone here that they would wish them not to exist at all... But if their life requires such a form as to mandate offensive action against other developments? Yeah, it does in fact make the whole effort nothing less than the worst kind of cancer.

Look, there are an infinite number of ways to advance your own interests without screwing everyone else over. Get with the times. Come to the table with your cards laid out, and leave the rigged deck at home. We'll figure this out together, in a way that benefits everyone rather than just you and your imagined audience.

[DDNI]

LOL. I never knew that about Ben!

[demolition]

Perhaps they do legally own the copyright, but it still doesn't make any reasonable sense to try to protect the source code of 22 year old SW even if currently available SW (AOS 4.x) may contain remnants of the old version. Like others mentioned, there is no way others would make the investment of creating a competing AOS 4.x from the 3.1 sources. They'd probably rather put their efforts into AROS as I'd expect it is less messy to work with. There is no way to make more than pennies from AOS 3.1 today so just accept the realities and let it go.

[StingRay]

That "statement" is indeed a lot of nonsense as others have already said. The source has been available for almost 2 decades already and nothing bad happened. Kind of ridiculous trying to "protect" something that has no commercial value any longer.

[kolla]

So, is Hyperion bankrupt in 2016 then?

[CMTX]

Hyperion:

I hope you spend all the money you earn by fucking the amiga community in medicines.

Cheers.

[SMF]

There seems to be a lot of lawyers here. Can anyone explain in layman terms for me how they can keep their intellectual property without defending it?

[zerohour1974]

Does Hyperion really believe that someone will take the 3.1 source and build an alternative to OS4. That would be a hell of a lot of work.