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terriblefire

Posted Sun Nov 06, 2016 7:29 am

I've just installed this in an A500. The change of copyright is interesting and may cause a few feathers to ruffle....

Photo attached...
IMG_5465 (2).JPG
Last edited by terriblefire on Sun Nov 06, 2016 8:48 am, edited 1 time in total.

User avatar
terriblefire

Posted Sun Nov 06, 2016 8:30 am

amigo wrote:Looks like you were easy prey for this Hype-rion "news"!

Cloanto had the same news two years ago (but I've personally had their "3.X" ROMs, with similar improvements, for at least 10 years):
Hyperion merely copied a small subset of the improvements that were already applied by Cloanto, which was an official update in agreement with Amiga Inc. (as explained in the above).

You also write that Hyperion's release may be used in emulation. I think it may not, as Cloanto holds an exclusive license for emulation.

If you read the Hyperion-Amiga settlement agreement, you will see that Hyperion is merely a licensee of AmigaOS 3.1, which license was granted in order for Hyperion to create AmigaOS 4. They do not own these copyrights. Adding their name as the copyright owner in the new Kickstart is well beyond what they are allowed to do under the settlement agreement.

Could it be that Hyperion is as foolish as it is desperate for money? My bet is that within 30 days somebody will make them discontinue this release.
I read the agreement...
Without prejudice to any Existing License Agreements listed on Exhibit 1, the
Amiga Parties hereby grant Hyperion (at Hyperion's sole expense) an exclusive,
perpetual, worldwide and royalty-free, transferable right and Object Code and
Source Code license to the Software in order to use, develop, modify,
commercialize, distribute and market the Software in any form (including through
sublicensing), on any medium (now known or otherwise), through any means
(including but not limited to making AmigaOS 4 available to the public via the
internet) and for any current or future hardware platfonn.
"Solely for the purposes of marketing, distributing and making available AmigaOS
4 and any hardware required or desired to operate with AmigaOS 4, the Amiga
Parties grant Hyperion an exclusive, perpetual, worldwide and royalty-free,
transferable right and license to use the Exclusive Licensed Marks, and a non-
exclusive, perpetual, worldwide and royalty-free, transferable right and license to
use the "Boing Ball" logo mark. For the avoidance of doubt with respect to the
exclusive nature of the license granted to the Exclusive Licensed Marks, the
Amiga Parties shall during the term of this Agreement not have the right to use,
commercialize or license the Exclusive Licensed Marks in any way anywhere in
the world; provided, however, that the Amiga Parties may use the mark
"AMIGA" alone or in conjunction with other words, so long as "OS" or "One"
does not directly follow the word "AMIGA." The Amiga Parties represent and
warrant that there are no other license agreements with respect to the Exclusive
Licensed Marks other than those listed on Exhibit 1."
This is why they replaced the Amiga Logo with the ball. It appears that by doing this they manage to stay within their license. Basically it seems they have a license to do what they are doing.





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