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29.May 2021



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 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 für 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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