Linked by Thom Holwerda on Sun 1st Feb 2009 00:52 UTC
Amiga & AROS Boys and girls, it's time to dust off your Pegasos II machine, or maybe to reduce the size of your MorphOS partition, because there's a new contender coming your way: ACube Systems Srl has announced the immediate availability of AmigaOS 4.1 for the Pegasos II. It's 01:40 here, so I can't check if the sky is falling, but I'm pretty sure it is.
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RE: Wtf is Acube?
by Mike Pavone on Tue 3rd Feb 2009 16:45 UTC in reply to "Wtf is Acube?"
Mike Pavone
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Hyperion and Amiga, Inc. had a bit of a falling out and got into a bit of a legal battle over who owned OS 4.

The way the contract was structured was something like Hyperion could sell OS 4.0, but once it was complete had to turn over the rights and source for a fixed fee and Amiga, Inc would handle 4.1. Amiga, Inc (Delaware) said they had paid the fee and should be given OS 4.0. Hyperion argued that the money paid was for something else and that further that Amiga, Inc no longer owned OS 4.0.

Apparently, the contract had a clause that would give Hyperion full control of OS 4.0 if Amiga, Inc (Washington) became "insolvent", but the contract never defined what was meant by "insolvent". Hyperion argues that Amiga, Inc (Washington) was insolvent, in part, based on testimony from the president or CEO during another civil trial. Amiga, Inc (Delaware) argued that since Amiga, Inc (Washington) never declared bankruptcy that they weren't technically insolvent.

There was also a bit of an argument about whether Amiga, Inc (Delaware) had any rights under the contract which was originally made with Amiga, Inc (Washington). When Amiga, Inc (Washington) ran out of money there was a bit of a shell game where their assets moved around to a couple times finally ending up at KMOS, Inc. which renamed itself to Amiga, Inc. The paperwork behind this was apparently pretty shoddy.

I don't know what happened to that case. It's possible Hyperion won or that Amiga, Inc ran out of money and gave up. It's also possible the case is still ongoing (I seem to remember that Amiga, Inc failed to get an initial injunction against Hyperion).

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