Interview with Camilla Boeman (AmigaOS 68k developper)

[number6]

Originally Posted by Korodny

Not really. The court simply decided that the focus has to switch to the other case (Amiga Corp. vs. Hyperion) which has been opened five years ago already - it was just stayed until the first lawsuit was decided. I'm told both parties must have realized that this was the most likely outcome as soon as the judge denied the request to have Amiga Corp. added to the original case in 2019.

Also note that the case that has been closed now was about both parties suing each other, while the one case that remains open is about Amiga Corp. suing Hyperion. IANAL and all that, but to me it seems Hyperion's claims ("breach of contract" etc.) are history now. Also note that Hyperion tried to register various Amiga related trademarks ("AmigaOS", "AmigaOne") at the beginning of all this but gave up on these efforts years ago.

But here we have Camilla stating in public that the "court has ruled that Hyperion has the rights to develop...". In other words: mission accomplished.

@cloverskull:

Thanks, fixed.

Since Ben responded to me directly about this, I feel I can clarify for the sake of any team member who might make a decision based on reports of events.
I believe dates are important in this regard.

April 2, 2023:
the announcement on Hyperion's home page
In this case Ben did mention the C-A Acquisition lawsuit, just not by name.

During these many years Hyperion Entertainment was always keen to bring this litigation to a negotiated outcome and still, to this day, remains of the belief that an amicable resolution between the parties bringing all remaining litigation to a close, would be in the interest of the Amiga Community as a whole.

April 25, 2023:
Because I felt full disclosure would be a benefit to those following this, I posted the link to the case.
AW post linking to the case
Ben's response appears next a few days thereafter.

Yes, there is still the other pending lawsuit before the same Court and judge by C-A Acquisition and Cloanto Corp.

In addition, further information appeared after both of the prior notations I mentioned above and therefore were not mentioned in either the Hyperion statement nor in Ben's subsequent comment on AW.

June 28, 2023:
Document #169 bottom of page

enforcement of the award of costs is stayed pending disposition of Plaintiffs' appeal to the Ninth Circuit Court of Appeals

Note:the decision itself was appealed. This note merely applies to those court costs.

the actual date the appeal was filed

Current:
I have not seen any docket yet for thie 9th Circuit Court Of Appeals addressing this case.

But basically this means that even the initial case outcome is not resolved. After that the court would move on to the C-A Acquisition lawsuit, if still applicable.

Hope this helps,

#6

[number6]

@thread

Additiional note:

Given the reopening of bankruptcy procedure against Ben Hermans B.V. on March 19, 2024 any or all of my prior post may become moot:
"As a rule, bankruptcy results in the cessation of all the company's activities."

In general said company can still defend themselves in court though.

#6

[fxgogo]

Originally Posted by kamelito

Yep great interview and great site!
Some very nice things coming in the upcoming years.

Totally agree, I spent some time reading the other interviews. Even the older ones were special as we have the benefit of hindsight.

[Jeeg]

Excellent and stimulating interview !
Obligement, what a great Amiga website, thank you Daff.

[Tigerskunk]

Why some people still pay attention to that court case bullshit instead of celebrating the people doing cool new OS stuff is beyond me.

[pixie]

Originally Posted by Tigerskunk

Why some people still pay attention to that court case bullshit instead of celebrating the people doing cool new OS stuff is beyond me.

It's nice to see if you give money to some who has actually the rights for it... You know cloanto had no problem if Workbench 3.2 was handed free, when you know that developers doesn't take a cent on it, that would be the best of both worlds, having his legally set, with the approval of the owners and free of charge.

People also do cool stuff on AROS mind you

[AMike]

Great interview and my deepest respect to Camilla and the team. Thank you for making the 68k OS even better.