|In this pdf it's revealed that Amiga Inc is suing Hyperion on the following grounds. |
This is a out draft of the pdf:
“Hyperion was unable to complete OS4 by the deadline, while on multiple occasions, Hyperion represented to Amiga that its development work was nearly complete, Hyperion continued to push back the finish line by unilaterally adding functionality to the new OS beyond that contemplated in the Agreement.
Hyperion's misrepresentations, coupled with add-ons that Amiga did not request, not only created false expectation for Amiga but also virtually guaranteed that hyperion's six month projector for the completion of OS 4.0 would miss the mark substantially. In fact, Hyperion failed to render Amiga OS 4.0 ready for general release until December 24, 2006 – three days after the Agreement terminated.
Hyperion's neraly four year delay in the release of OS 4.0 reflects less than best efforts used by Hyperion in the development of OS 4.0. Amiga fully preformed its obligations under contract. “I have reviewed the Hyperion website where hyperion markets on-line Amiga OS 4.0. Hyperion, through this website, has marketed, and continues to market OS 4.0 beyond the scope of the License Agreement, or the Target Hardware.
In fact, the website reveals that Hyperion sells Amiga OS4.0 for everything from kiosks, set top boxes, hand-held devices using PowerPC processors, high-end servers and other devices using the PowerPC architecture.
Moreover, Hyperion's website also states “whatever your platform requirements, from high-end smartphone to server system, AmigaOS has the capability to provide for your needs.” A true and correct copy of the Hyperion website on April 25.2007 is attached hereto as Exhibit H. The same website adverts OS 4.0 for software and hardware that are not in conjunction with Amiga One. In fact, Hyperion uses the AMIGA® mark, the AMIGA name, the Amiga logo and the Amiga “Boing Ball”.
Amiga has not licensed, authorized or consented to Hyperion's use of the Amiga trademark as discussed above.”
What it all seems to boil down to is copyright infringement, trademark violation, and a very broken contract. As i said earlier, this rubber ducky might not support the weight of another blue sperm whale that against all probability, had been called into existence, several miles above the surface of an alien planet.
“The Hitchhikers Guide To The Galaxy:
The Book: It is important to note that suddenly, and against all probability, a Sperm Whale had been called into existence, several miles above the surface of an alien planet. Since this is not a naturally tenable position for a whale, this innocent creature had very little time to come to terms with its identity. This is what it thought, as it fell;
The Whale: Ahhh! Woooh! What's happening? Who am I? Why am I here? What's my purpose in life? What do I mean by who am I? Okay, okay calm down calm down get a grip now. Ooh, this is an interesting sensation. What is it? Its a sort of tingling in my... well I suppose I better start finding names for things. Lets call it a... tail! Yeah! Tail! And hey, what's this roaring sound, whooshing past what I'm suddenly gonna call my head? Wind! Is that a good name? It'll do. Yeah, this is really exciting. I'm dizzy with anticipation! Or is it the wind? There's an awful lot of that now isn't it? And what's this thing coming toward me very fast? So big and flat and round, it needs a big wide sounding name like 'Ow', 'Ownge', 'Round', 'Ground'! That's it! Ground! Ha! I wonder if it'll be friends with me? Hello Ground!
(Though i might recommend the bbc series before watching this film, while you wait for the release of os4)