29.May.2021
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Amiga Corporation: Statement regarding commercial distribution of AmigaOS 3.2
After the release of AmigaOS
3.2, it was stated that a digital edition might take
a while to arrive, since Hyperion wants to create a window for dealers to
generate some revenue with the CD version.
This Thrusday, an anonymous source supplied a PDF document to
amiga-news.de, allegedly containing a fax from Amiga's lawyer Gordon E. Troy
to Digital River. Digital River is an E-commercie service provider that is
used by Hyperion for digital distribution of AmigaOS 3.1.4 - even if
Amiga's and Cloanto's lawyers managed to
stop that for a while.
In the document, which is dated May 25th, the lawyer justifies why the
distribution of AmigaOS 3.2 violates Amiga's trademarks and copyrights
and explains in which areas the judge presiding the case against Hyperion
already agreed with Amiga's point of view.
Mr. Troy also claims that (quote) "our recent investigation of Hyperion [...]
strongly suggests" that Hyperion "would not be able to honour its indemnification
obligations" and that Digital River might end up being found liable. In conclusion,
he asks the E-commerce provider to take down all Downloads of AmigaOS 3.1.4 and
to not act as a distributor for AmigaOS 3.2 at all.
We approached Mike Battilana (Amiga Corporation, Cloanto), to verify if the
document we recieved is genuine. In repsonse, Mr. Battilana supplied us with an
official statement from Amiga Corporation regarding the distribution of
AmigaOS 3.2:
"Timothy De Groote and I negotiated a settlement agreement that was agreed to
by Ben Hermans in writing on January 20, 2021. (He also represented this to
the Court.) Eleven days later, he reneged.
Under the agreement Ben Hermans reneged on, Amiga Corporation would have
granted Hyperion Entertainment the right (which it currently doesn't have) to
release AmigaOS 3.2. If Hyperion wants to release it as a free update, Amiga
has no objection, but Hyperion can't exceed its rights AND profit from it."
(cg) (Translation: cg)
[News message: 29. May. 2021, 16:41] [Comments: 0]
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