Hyperion Dead?

[arnljot]

Sorry about this Amibay link, but there I've posted some data from a service I have access to. Could be of interrest.

[number6]

Originally Posted by arnljot

Sorry about this Amibay link, but there I've posted some data from a service I have access to. Could be of interrest.

You're doing a very good job straightening out the misinformation.

"Aangewezen voorlopig bewindvoerder:" translates as "Designated provisional administrator"

"Appointed" is close enough.

btw-that address is for Bofidi, their accountants

Keep up the good work,

#6

[dreadnought]

Originally Posted by clebin

Therefore the community needs to get in first, and keep it out of the hands of any company (you know who) who wants to build an empire squatting on 30+ year old code.

Mobilise.

I agree, not a big fan (putting it mildly) of you-know-who, so if somebody trusted from the community started a fundraiser or some such, I'd definitely chip in.


Wonder if anybody has a rough idea of what kind of sum it could be?


This btw is a sort of thing which "Global Amiga Alliance" or whatever they were called should be looking into, if they were serious players. But I guess everyone forgot about that ol'chestnut already.

[Thomas Richter]

Originally Posted by dreadnought

I agree, not a big fan (putting it mildly) of you-know-who, so if somebody trusted from the community started a fundraiser or some such, I'd definitely chip in.

The entire legal construction around this company and Hyperion is unclear at the moment, thus whether AmigaOs development rights are in this company or another right now is a different topic.

[HomeLate]

Hyperion Entertainment is still in normal operation but has a loss of about 382,000 euro (replace the , with a . if you're not an American ;-).

Ben's company has filed for bancruptcy. Ben and Charlotte are the directors of Hyperion Entertainment. If one of the directors have filed for bankruptcy, it doesn't mean the company he's directing also has filed for bankruptcy.

I also noticed both Ben and Hyperion Entertainment haven't filed an annual account since 2021. Each company in Belgium is obliged to file an annual account every year to explain the financial situation of the company. This information is public and can be consulted by everyone.

[number6]

Originally Posted by HomeLate

Hyperion Entertainment is still in normal operation but has a loss of about 382,000 euro (replace the , with a . if you're not an American ;-).

Ben's company has filed for bancruptcy. Ben and Charlotte are the directors of Hyperion Entertainment. If one of the directors have filed for bankruptcy, it doesn't mean the company he's directing also has filed for bankruptcy.

I also noticed both Ben and Hyperion Entertainment haven't filed an annual account since 2021. Each company in Belgium is obliged to file an annual account every year to explain the financial situation of the company. This information is public and can be consulted by everyone.

Yes, and for that they were removed from the Belgian company register.
Their status was later restored.

Source

#6

[pixie]

I keep seeing dates all over the place, 2015, 2017... Is this actually something actually recent or from 5+ years ago? One thing is resurrecting old Amiga threads where content is always 'actual', meaning the same problems, issues keeps the same as the software/hardware is the same, but regarding Hyperion...

[number6]

Originally Posted by pixie

I keep seeing dates all over the place, 2015, 2017... Is this actually something actually recent or from 5+ years ago? One thing is resurrecting old Amiga threads where content is always 'actual', meaning the same problems, issues keeps the same as the software/hardware is the same, but regarding Hyperion...

If you refer to my post? I'm just backing up a statement by another poster with some proof. Sure, this just illustrates a pattern in this case. The event he mentioned is not current.

Delving any further into past events will just take us further off-topic.

#6

[clebin]

Originally Posted by number6

Hi Clebin,

I advise reading my link to AW, as I also included links to Belgian law, which covers the responsibilities of a "receiver".
Note: German version of the article at Amiganews.de contains comments. Just exercise some caution when reading. heh.

#6

I agree, which is why the first words of my post were "If true". Unless I've missed something, this is an emerging situation and we can't rule out the possibility that Hyperion and its assets are, or will become, part of this. Am I wrong about that? (I'm really not going to deep-dive into Belgian law I'm sorry!)

And yes the legal situation surrounding the source-code is also unclear. But if, and I stress again if, Hyperion's assets do go up for sale, the community needs to be poised and ready to step in with an offer and the plans for a fund-raiser.

Let's not shoot down it all down as off-topic just because we don't have all the answers yet. There's at least 3 companies I can think of off the top of my head who might already be on the phone trying to strike deals, speculation be damned.

[grond]

Originally Posted by HomeLate

Ben's company has filed for bancruptcy. Ben and Charlotte are the directors of Hyperion Entertainment. If one of the directors have filed for bankruptcy, it doesn't mean the company he's directing also has filed for bankruptcy.

My understanding is that it is a Ben Hermans B.V. that is in liquidation. This is a limited liability company that happens to bear the name of a person. The person with the same name probably owns the company but this doesn't mean that the person himself is bankrupt. The company's debts don't usually get transferred to the owner, that's what limited liability companies were invented for.

Hence, unless the Ben Hermans B.V. has substantial claims against the person of the same name or Ben Hermans B.V. actually owns Hyperion B.V., this would most likely be irrelevant to Hyperion and the further fate of AmigaOS.

Having read the AmigaNews article linked to above, I wonder whether a limited liability company could be acting as a director (because that's what it says in the German article) of another company. I would expect this function to be reserved for actual persons, not legal entities. The bit about 97% of the shares in Hyperion likely belonging to Ben Hermans B.V. is promising but I guess we will know in another two weeks... And then there is the question what the missing 3% will mean in reality.

[number6]

Originally Posted by clebin

I agree, which is why the first words of my post were "If true". Unless I've missed something, this is an emerging situation and we can't rule out the possibility that Hyperion and its assets are, or will become, part of this. Am I wrong about that? (I'm really not going to deep-dive into Belgian law I'm sorry!)

And yes the legal situation surrounding the source-code is also unclear. But if, and I stress again if, Hyperion's assets do go up for sale, the community needs to be poised and ready to step in with an offer and the plans for a fund-raiser.

Let's not shoot down it all down as off-topic just because we don't have all the answers yet. There's at least 3 companies I can think of off the top of my head who might already be on the phone trying to strike deals, speculation be damned.

Heh. Someone else is tackling Belgian law, so no worries.
But as to the other portion of your post, I believe this is on-topic:

Source Amigakit

It certainly speaks to which people are following the events and their preparation, no?

#6

[Pyromania]

It's always two weeks before something happens in the Amiga scene.

[trixster]

Astonished that anyone cares..

[number6]

@thread

For what it's worth:

In 2019, Trevor Dickinson acquired co-ownership of AmigaOS 4 (German)

same (English)

#6

[Pyromania]

It's difficult being Ben because Ben owes Ben a lot of money. And it's all for the love of the Amiga. Ben vs Ben for the betterment of AmigaOS and why not charge for it because Ben owes Ben and that blue butterfly is not authentic enough and updated way too often. Let's let bygons be bygones and pony up some cash for the real OS that's made for free. Does that break it down effectively so it's Cristal Castle clear and legible?

[TCD]

I'm very benfused now.

[jbenam]

Originally Posted by number6

@thread

For what it's worth:

In 2019, Trevor Dickinson acquired co-ownership of AmigaOS 4 (German)

same (English)

#6

It really astonishes me to think that some people believe Hyperion to be a better alternative to Cloanto.

Cloanto has genuine love for the Amiga (and has shown it standing by the Amiga during the “dark years” when it wasn’t profitable in the slightest), while these leeches never had anything to do with it until they got word of the fact that a very vocal niche was ready to spend hundreds of euros on stuff labeled “Amiga”.

As soon as it came out that the AmigaOS 3.1.4 and 3.2 devs were not being paid for their work I decided to not support Hyperion and their friends in any capacity - if that’s how they treated the people that made them money it was obvious from the beginning what kind of people they were.

Glad I made the right choice back then and I am now even happier to not have supported these evil scheming fools after reading what they’ve done to poor Cloanto. It’s time to finally give Amiga rights back in the hands of someone who cares and that’s not in just for the money.

If anyone reading this has any love for the Amiga, they should immediately stop purchasing anything made by Hyperion or A-EON and think of asking a refund if they made such a purchase recently.

[number6]

Originally Posted by jbenam

It really astonishes me to think that some people believe Hyperion to be a better alternative to Cloanto.

Cloanto has genuine love for the Amiga (and has shown it standing by the Amiga during the “dark years” when it wasn’t profitable in the slightest), while these leeches never had anything to do with it until they got word of the fact that a very vocal niche was ready to spend hundreds of euros on stuff labeled “Amiga”.

As soon as it came out that the AmigaOS 3.1.4 and 3.2 devs were not being paid for their work I decided to not support Hyperion and their friends in any capacity - if that’s how they treated the people that made them money it was obvious from the beginning what kind of people they were.

Glad I made the right choice back then and I am now even happier to not have supported these evil scheming fools after reading what they’ve done to poor Cloanto. It’s time to finally give Amiga rights back in the hands of someone who cares and that’s not in just for the money.

If anyone reading this has any love for the Amiga, they should immediately stop purchasing anything made by Hyperion or A-EON and think of asking a refund if they made such a purchase recently.

Everyone is free to support whom they wish to support.

That being said, one of Cloanto's problems has been the inability to communicate based on legal advice. As you well know, they can not and do not even use their own website Amiga.com.

It is a little difficult to make a case for oneself when advised not to.

#6

[Thomas Richter]

Originally Posted by jbenam

It really astonishes me to think that some people believe Hyperion to be a better alternative to Cloanto.

...and it astonishes me that you believe that Cloanto is a viable alternative.

Originally Posted by jbenam

Cloanto has genuine love for the Amiga (and has shown it standing by the Amiga during the “dark years” when it wasn’t profitable in the slightest),

"Genuine love"... *cough*. Let's put things around a little bit for the matter of an argument: Cloanto is selling the old shit over and over again, not investing into the system at all. Hyperion at its beginning at least followed a plan of a PPC based AmigaOs and new hardware for the user base. Well, that might not have been a good plan, and it does not agree with what I personally want, but at least there was an investment and some goal to follow, and a development direction. Not the greatest and finest strategy, but something. I'm far from calling that "love", but it is a strategy and an investment into the system. Now that there is some investment into the old system, it must be "evil" since it is not Cloanto? Sorry, that's just a fanboy argument.

Originally Posted by jbenam

As soon as it came out that the AmigaOS 3.1.4 and 3.2 devs were not being paid for their work I decided to not support Hyperion and their friends in any capacity - if that’s how they treated the people that made them money it was obvious from the beginning what kind of people they were.

...and the genuine loving company had nothing better to do than to sue its competitor, that unlike them, tried to move the situation forward.

Originally Posted by jbenam

Glad I made the right choice back then and I am now even happier to not have supported these evil scheming fools after reading what they’ve done to poor Cloanto.

"Poor Cloanto". How sweet. A fanboy. "Poor Cloanto" did nothing to start development of the classic system. Honestly, that was not really Hyperion either - that was actually me, but as a result, you got a new "evil system" and some development. Didn't want that and vote for stand-still?

Originally Posted by jbenam

It’s time to finally give Amiga rights back in the hands of someone who cares and that’s not in just for the money.

Psst. I tell you a secret: it is the purpose of companies to make money. I never got a cent from Cloanto either, even though they sell my software as part of their product as well. If you believe that Cloanto does that for "love", I afraid you are very naive.

Originally Posted by jbenam

If anyone reading this has any love for the Amiga, they should immediately stop purchasing anything made by Hyperion or A-EON and think of asking a refund if they made such a purchase recently.

Luckily, our economic system does not work like that. People buy what they want to purchase.

[jbenam]

Originally Posted by Thomas Richter

...and it astonishes me that you believe that Cloanto is a viable alternative.

Still better than Hyperion. At least they pay their employees.

Originally Posted by Thomas Richter

"Genuine love"... *cough*. Let's put things around a little bit for the matter of an argument: Cloanto is selling the old shit over and over again, not investing into the system at all. Hyperion at its beginning at least followed a plan of a PPC based AmigaOs and new hardware for the user base. Well, that might not have been a good plan, and it does not agree with what I personally want, but at least there was an investment and some goal to follow, and a development direction. Not the greatest and finest strategy, but something. I'm far from calling that "love", but it is a strategy and an investment into the system. Now that there is some investment into the old system, it must be "evil" since it is not Cloanto? Sorry, that's just a fanboy argument.

Well, no. They’re evil because they don’t pay their employees.

Their plan was just to sell a dead end system for hundreds of euros, none of which went to the devs - well, they must be certainly called heroes, then!

Originally Posted by Thomas Richter

...and the genuine loving company had nothing better to do than to sue its competitor, that unlike them, tried to move the situation forward.

Telling some people to do work for free isn’t “moving anything forward” and I am speechless that you think that’s the case.

Originally Posted by Thomas Richter

"Poor Cloanto". How sweet. A fanboy. "Poor Cloanto" did nothing to start development of the classic system. Honestly, that was not really Hyperion either - that was actually me, but as a result, you got a new "evil system" and some development. Didn't want that and vote for stand-still?

What I wanted was for you guys to get paid. How naive of me. I love what you guys did for 3.1.4 and 3.2, but your work should be recognised, in form of credit and payment. You didn’t get either.

Originally Posted by Thomas Richter

Psst. I tell you a secret: it is the purpose of companies to make money. I never got a cent from Cloanto either, even though they sell my software as part of their product as well. If you believe that Cloanto does that for "love", I afraid you are very naive. Luckily, our economic system does not work like that. People buy what they want to purchase.

Very sorry to hear that, what haven’t they paid you for?

BTW don’t get me started on the “our economic system” thing, because that’s not a sane state of things, and it shouldn’t be used an excuse for such behaviour either.