Citing hundreds of documents, this site contains mostly facts, but also a little bit of opinion. Most importantly, it tries to introduce the reader who may not be familiar with "Amiga" into a perspective of things that would otherwise be difficult to grasp by just reading what various Amiga-named companies tried to convey via amiga.com, or by using a search engine. The latter is made especially difficult because a small yet loud-voiced community of Amiga users, with its almost religious fervor, isolation and nostalgic attachment to their old Amiga systems, has become an unsuspecting accomplice in depicting a semblance of Amiga-related activity that does not reflect objective financial or technology metrics.

We trust that you will be able to recognize connections and inconsistencies as they are exposed. Kindly report errors and omissions (an email address appears at the end of the text). Also on twitter.com/amigadocuments.

Please note: facts were referenced wherever possible. Everything else is personal opinion only!

1982-1987: From Amiga Corporation to Commodore

• Amiga Corporation (main entity, founded 1982, dissolved 1987) [247]
• Amiga International (founded 1983, merged out 1984) [250]
• Amiga Computer, Inc. (founded 1983, merged out 1984) [251]
  

1994-1998: From Commodore-Amiga to ESCOM to Gateway

On April 27, 1994, the core group of companies behind the once glorious Commodore and Amiga computers filed for voluntary liquidation. The assets were purchased by ESCOM AG (Germany) and its partners. ESCOM itself went bankrupt in 1996 and had most of the remaining Commodore-Amiga assets sold to Gateway 2000, Inc. (which later changed name to Gateway, Inc.), leading to the first of a confusing series of companies bearing the exact same "Amiga, Inc." name.

The liquidation of multiple Commodore-Amiga companies was jointly administered by different bankruptcy courts in a way that set international precedents [215]. On April 20, 1995, after a number of iterations, and bidding in agreement and with the backing of some Asian companies, ESCOM AG placed the winning bid for the assets of the Commodore-Amiga companies. Said assets specifically included [231] "all the right, title and interest of the Commodore Entities to substantially all of their intellectual property, including technology, trademarks (including Commodore's logo and the names "Amiga" and "Commodore"), patents, copyrights, and know-how..." The same Asian companies who had backed ESCOM in return received certain non-exclusive rights (including that to publish the Amiga operating system) over certain Asian territories [7].

Between March and September 1997 ESCOM sold to Gateway 2000, Inc. all Commodore-Amiga assets (patents, copyrights, trademarks, domain names, etc.) except for the "C= Commodore" trademarks, which were first licensed [226] to former Commodore distributor [228] RULAG Werner Hirschmann KG and then sold to IBM-compatible PC maker Tulip Computers NV (Netherlands, formerly Computada).

In July 1997, intersecting Gateway's acquisition of the assets from ESCOM, a German appeals court (Oberlandesgericht Celle, judgment 13 U 97/97) had to decide whether to grant a preliminary injunction to immediately stop sales by Amiga OS 3.1 vendor Village Tronic Marketing GmbH. After a review that included some contracts between the "Commodore-Amiga Group" and ESCOM AG covering the transfer of intellectual property [199] between Commodore-Amiga and ESCOM, the court noted [72][73][14] that no evidence had been provided about a transfer of the Amiga OS 3.1 copyrights to ESCOM. Gateway officers later stated that, in the transition from ESCOM, Gateway did not have the time to prepare for the court case and file supportive evidence. Overall the case revolved around a payment dispute between ESCOM and Village Tronic, who ultimately lost the case and stopped selling Amiga OS 3.1.

In 1998, five months after the assignment of the trademarks was completed [222], ESCOM's trustee Mr. Bernhard Hembach signed three "$1" contracts [205][206][207] that first assigned all the copyrights of the late Commodore Business Machines, Inc. (Delaware) [208] and Commodore-Amiga, Inc. (California) [204] to ESCOM, and then transferred the same again to Gateway's Amiga company. On November 3, 1998, the three contracts were signed by Mr. Bernhard Hembach on behalf of all parties, after which they were filed at the US Copyright Office [203].

According to these documents, with three signatures by one and the same person (a recurring pattern in "Amiga" matters), and for the total amount of three US dollars, the recorded Commodore-Amiga copyrights changed hands twice on the same day. While it may appear unusual to a layperson, it is common practice to make copyright assignments using separate short contracts and small monetary amounts in order to maintain the more complex agreements and figures private (whereas the copyright records become public).

1998-1999: Gateway Scraps "Amiga" Brand

In 1998 Mr. Bill McEwen (full legal name William Wallace McEwen XVI) [6] was hired as an independent subcontractor by "Amiga, Inc." (South Dakota) [221][2], a company owned by Gateway 2000, Inc.

Those were the days when there was a lot of excitement around the Internet, and the dot-com bubble was about to reach its peak. While the Amiga was already considered dead by many of its former insiders and technology leaders, it still had a loyal community of fans which were becoming increasingly vocal as they were desperate for new hardware and software announcements, also sensing the pressure of isolation from mainstream IT trends. In many ways, Amiga fans were "believers" like Mac fans, except that Amiga fans, sitting in front of their aging computers, also had good reasons to feel abandoned, betrayed, and perhaps a bit confused and alienated in a computing world that was changing without them.

Many of these Amiga enthusiasts attended the Computer '98 show in Cologne, Germany (one of Amiga's largest markets), in November 1998, where Gateway would represent the final hope of a new beginning. Mr. Bill McEwen attended too, and was impressed: he neither expected to find so many people at an Amiga gathering, nor did he imagine that they would treat anyone associated with Gateway like a demigod.

By 1999, as Gateway realized that there was little value [15] beyond the Amiga patents that it had acquired, an again jobless Mr. Bill McEwen found two investors to help him acquire certain rights from Gateway. As part of this transaction, Gateway retained (but licensed to Mr. Bill McEwen's company) the Amiga patents, and assigned (transferred) the Amiga trademark registrations, the Commodore-Amiga copyrights and the amiga.com domain to the newly formed company, which was again called "Amiga, Inc." (Washington) [3]. The two [6] investors were Mr. Pentti Kouri's [8] Invisible Hand LLC and Mr. Ruud Veltenaar's Net Ventures BV in the Netherlands. The two were also joint investors in other companies, for example Digital Ink, Inc. [9].

Gateway 2000, Inc. formally became Gateway, Inc. in 1999. The last of the Amiga patents expired in 2005. Gateway, Inc. was sold to Acer Inc. (Taiwan) in 2007.

1997-2005: The Trinity Years

Within a few years, no less than three different companies with the exact same "Amiga, Inc." name were put into existence.

The following sections focus on these different "Amiga, Inc." companies and their alternating claims of being either one and the same, or different entities (even while they were run and supported in part by the same people, and a single person had the power to simultaneously be both the seller, the buyer and a secured creditor).

1999-2000: Old Technology and No Exclusivity

The new Amiga Washington company had at least two problems at its core, which would never be solved:

• The Amiga operating system was almost 10 years old
• Amiga Washington possessed no unique technology or exclusive rights

Other than some bug fixes and minor improvements to DataTypes (an Amiga file processing mechanism) and drivers, Amiga OS 3.1, released in 1994 to run on Motorola 68K CPUs, was largely unchanged since the 1992 release of the previous 3.0 version. Amiga still had no support for current hardware, no Java, and no modern browser or multimedia capability. Mr. Bill McEwen knew this well and promptly declared the Amiga Classic (i.e. the 3.x operating system) to be "dead" [10], introducing a new "Amiga" operating system that substantially was [11][21][32][33] a licensed and repackaged [10] Elate operating system by Tao Group Ltd (UK). Therefore the "old" software was initially perceived to be of little to no value, and only years later would the Amiga Classic OS again gain relevance in a dispute involving the Classic-derived "AmigaOS 4".

Based on Tao's Intent virtual processor, Elate was in many ways comparable [12] to Java, as it was able to run the same code on multiple platforms. Elate was positioned for use on portable and multimedia devices. The new Tao-based "Amiga" operating system inherited this identity. While initially referred to as the new "Amiga OS" [11], it later became known both as "Amiga Anywhere" and "Amiga DE".

The other problem that Amiga Washington faced was that of being merely a licensee, rather than the owner, of Gateway's Amiga patents, which furthermore were nearing expiration. While it had also been assigned the Commmodore-Amiga copyrights, other companies [7][13] had licensed or even acquired co-author status [186][230] on the Amiga operating system well before Amiga Washington had incorporated.

So, not only were the patents expiring and the copyrights not free of third-party licenses and claims, but to further complicate matters for the new company, the "Amiga" name, the "boing ball" artwork and other Amiga-related elements had been and would continue to be in broad use in thousands of web sites, download systems, software products and other publications, undermining the value of the claimed trademarks. Only occasionally were some of these publications mentioning "Amiga, Inc.", but even then it wasn't clear which of the three companies bearing the exact same name they were referring to. In a way, the new "Amiga" companies got what they wanted: complete confusion.

2000-2009: From Amiga, Inc. II to Amiga, Inc. III

Between 2000 and 2009, Mr. Bill McEwen XVI continued to retain some public roles, including that of CEO, president and "acting president" of various "Amiga" companies, while Mr. Pentti Kouri (via his companies Invisible Hand LLC, Monrepos LLC, Tachyon Corp. and ITEC LLC) expanded his control both as the lead investor and as a secured creditor.

Other names that appear in "Amiga"-related documents include that of Mr. John Grzymala, who was entrusted [17] with the Kouri family's financial operations, and Mr. Janne Kouri (Mr. Pentti Kouri's eldest son), who was an associate [18] of Monrepos, and who also executed [19] some payments to Mr. Bill McEwen on behalf of ITEC. During this entire time frame, the name of law firm Reed Smith LLP, and in particular its attorneys Mr. Darren Cohen and Mr. Gregory Shatan, appears on most documents relating to intellectual property (assignments, litigations, etc.)

Mr. Garry Hare briefly took over as CEO (replacing Mr. Bill McEwen) during the transition from Amiga Washington to Amiga Delaware, and soon left, but not without being involved in a lawsuit of his own [20], which left a first trail of documents that offered some insight into various interactions between different companies. Before leaving, Mr. Garry Hare also testified in the Thendic/Genesi vs. Amiga [21] case (Thendic/Genesi demanding some rights over the Amiga OS), where on March 12, 2004 he made a surprise statement [22] claiming that on April 24, 2003 (i.e. almost one year before), Amiga Washington had transferred the Amiga OS to ITEC LLC, who in turn, on October 10, 2003, transferred the assets to KMOS, Inc. (a Delaware corporation later to be renamed "Amiga, Inc." [4]).

In spite of existing litigations [21] and debts between Amiga Washington and its landlord [23][85], employees [24][44][93], and other entities [25] that may have rendered it technically insolvent, these transfers from Amiga Washington to Amiga Delaware were apparently made possible via a mechanism of loans [31][19], security agreements (between Amiga Washington and ITEC) [26][27] and assignments (from ITEC to KMOS) [28][29][37].

Shortly after the statement at the trial, Amiga Washington also released an announcement [33] on March 15, 2004, repeating the claim that it had transferred the Amiga OS (based on the technology developed by Commodore-Amiga, also known as "Classic" OS) on April 24, 2003, and that it would "focus on Amiga DE" (i.e. the OS based on Tao's Elate/Intent technology). This led to worldwide echo [34], as it seemed inexplicable how between April 2003 and March 2004 Amiga Washington made no mention of this assignment. To the contrary, during this time frame it was involved in unrelated negotiations that involved both its board and legal counsel, where it was claiming title and interest to both the "Classic" Amiga OS and its future version 4 (not Amiga DE), which also resulted in public announcements, as in the case of Cloanto's Personal Paint for AmigaOS 4, to be co-developed by Amiga Washington [32]. Why would Amiga Washington declare its commitment and projects concerning AmigaOS 4 in January 2004, if (according to the March 2004 declarations) it had assigned the rights to that same OS in April 2003 in order to "focus on Amiga DE"?

In practice, the transfer of assets from Amiga Washington to Amiga Delaware would have had a number of potential benefits:

• It would be more difficult for Thendic/Genesi to obtain the desired rights over the Amiga OS
• Creditors of the heavily indebted Amiga Washington would also find an "empty" company
• The new company would be free from the control of both Net Ventures BV and the successors of Invisible Hand LLC (which in the meantime had been declared bankrupt)

Too good to be true? This was indeed debated in the courts (as can be read in the documents presented here), but all cases ended in private negotiations and settlements, so there has never been a judgment on this "strategy". This same mechanism appears to also have been used in other Mr. Pentti Kouri companies. For example, the assets and core team of Digital Ink, Inc. [9], another company funded by both Invisible Hand LLC and Net Ventures BV, were moved into a new company, named CandleDragon, Inc., but still working with the same technology and people [40][17] after some IP assignments [41] that went through the same ITEC LLC company and the same Reed Smith law firm, possibly after a similar chain of loans and security agreements. Is this only the tip of a somewhat obscure iceberg? Possibly, yet our focus here is on the "Amiga" case.

A more thorough analysis of the entire set of documents appears to have the potential of exposing an increasing number of details of interest. For example, the so-called "ITEC-KMOS-Monrepos Agreement" (signed three times by Mr. Pentti Kouri on behalf of all parties) has been filed at least three times [35][38][39] as a "true and correct copy" dated October 7, 2003 [29], and at least once [36] in a slightly different version dated October 10, 2003 [30]. The first version had a correct spelling of "KMOS", but it also included a reference to an email dated October 10 (three days into the future). In the second version the dates were aligned, and a second reference to an email by Mr. Ben Hermans of Hyperion was added. The second version appears to have a "reset" fax device date (year 1996), and all instances of "KMOS" except for the first and the last spelled as "MKOS", which might be a mistake, or a different entity. The second version additionally indicates a different number and description of shares issued by KMOS and held by Monrepos. Both versions appear to have some details corrected and other (different) details wrong, so it is not immediate to understand which is an edited version of the other, to what degree obfuscation was introduced, and what led to these changes. Also, one of the most disputed assignment agreements was deposited without signatures [28], leading to speculation as to whether this was done in order for Mr. Pentti Kouri to avoid committing perjury.

Transitioning from Amiga, Inc. I to Amiga, Inc. II to Amiga, Inc. III, Mr. Bill McEwen XVI repeatedly stated that the various Amiga companies were "unrelated". For example:

• "the Washington Amiga and the Delaware Amiga are unrelated" (Amiga.org, September 13, 2006 [42])
• "[Amiga Delaware] is legally separate from the old one and not obligated to pay those past debts" (May 18, 2007 Seattle Times interview [43])

Yet in other statements Amiga Delaware kept priding itself of being one and the same with none other than the "real" Amiga from the 1980s:

• "Amiga, Inc. is the world's premier provider of multimedia enabling technologies. For almost two decades..." (Amiga.com, April 17, 2007 [45])
• "Amiga, Inc., founded in 1983, is a computer software company..." (Amiga.com, April 22, 2007 [46])
• "Amiga, Inc., founded in 1983, is a computer software and game company..." (January 6, 2008 Business Wire release [47])

Amiga Washington too had previously been making similar statements on the same web site:

• "Amiga, Inc. established itself in 1985 as the premier provider of multimedia technologies to the world." (Amiga.com, April 22, 2002, etc. [48][32][33])

To be, or not to be... Can you have it both ways?

In 2001 the amiga.com Internet domain, which was arguably the most important asset in Amiga's campaign of incredible claims, was let expire, and was renewed [113] by courtesy of Amiga user Mr. Alan Rateliff.

As the rescued amiga.com domain later changed hands from Amiga Washington to Amiga Delaware, it is also noteworthy how neither the content, nor the legal "Amiga, Inc." copyright and trademark notes, nor the SSL certificates [49][50] were modified, remaining unchanged and even renewed in the name of the Washington entity. All Amiga companies kept referring to "Amiga, Inc."

By 2014 Amiga Washington had remained inactive for longer than five years [227], making it ineligible to be revived under Washington state laws. This possibly ends the debate about the transition from Amiga Washington to Amiga Delaware, as known claims against Amiga Washington appear to have been settled, and no new claims can be brought up against the dissolved entity.

From $100 to $86,956,522: "Amiga" as in... "Friendly" Investors?

It is well-known that "amiga" means friend (female) in both Spanish and Portuguese, but what about Amiga's "friendly" investors? As an Amiga forum member once asked [66], "Why does it take this many corps to manage virtually NO (Amiga) product line?" Could it be that as it morphed from Amiga, Inc. I to Amiga, Inc. III, the "Amiga" facade was used to protect something that had less to do with products and community, and more with some type of financial operations?

In 2003, when a judge asked Mr. Bill McEwen how much the heavily indebted company had at the bank, he answered [61] "About a hundred dollars".

By 2004, "friendly" investments had set the company's value at 20 million dollars.

By early 2006, more "friends" had raised the value to 87 million dollars.

Not bad, for a company with no products.

Another approach to estimate the possible residual value in 2006 is to start from 1995, when ESCOM paid between 10 and 12 million dollars [224] for the Commodore-Amiga assets. These were later stripped of the patents (which were retained by Gateway, and later expired) and of the "Commodore" trademark (licensed to RULAG and sold to Tulip), neither of which ever reached Amiga Washington. Even in a best-case scenario, Amiga Delaware could only have received a subset of what Amiga Washington originally had access to. Not only had Amiga Delaware no license over Amiga DE [62], but before assigning its IP to Amiga Delaware, Amiga Washington had licensed or sold some other IP assets (and with them possibly some rights to use "Amiga"-related marks). For example, in 2001 Amiga Washington sold the "Walker" (computer system based on Amiga OS 3.x) logic (i.e. the whole system) and case to Merlancia Industries [180] for a reported amount of $100,000. So ultimately Amiga Delaware appears to have owned little more than the amiga.com internet domain, the Commodore-Amiga copyrights (possibly of interest for nostalgic purposes, but not to compete with Apple's iPhone), and some arguably weak trademarks.

It should be considered that these numbers are only the result of known documents. For every document found in public filings, there may be many more that are not (yet) known.

Could these operations explain the immense resources poured into legal cases that possibly only served the purpose of defending the fragile facade? Could these also explain other incredible announcements like a 10 million dollar hockey arena sponsorship [67], or why multimillion-dollar companies linked to Mr. Pentti Kouri, like Prokom and Espial, ended up posting [63][102] to minuscule Amiga discussion sites like "Moo Bunny"?

As someone suggested [71], was investing in Amiga Delaware a requirement for becoming an investor in other Mr. Pentti Kouri companies like Hakia [77], or otherwise a way to transfer money [83][84] to Mr. Pentti Kouri?

Did the ramifications between the numerous companies (some private, some public) sharing addresses, officers, investors, and money being moved from one entity to the other as needed, have possible implications under the Sarbanes-Oxley Act?

What was the role of former US Senator Bill Bradley? [109][64][53][77][75][107][76][108][110]

Who was the mysterious Mr. "Greg Ford" who posted [198] on Amiga forum ann.lu on January 27, 2004, hinting at a power clash inside Amiga Washington? Was he related to the successors of either Invisible Hand LLC or Net Ventures BV (both apparently in Dutch hands)?

Tapul

On the private side, the most notable presence may well be Mr. Pentti Kouri's school friend Mr. Lu Pat Ng, who attended Atlantic College in 1965-1967 [51]. This is the same institution where Mr. Pentti Kouri studied in 1966-1968 [52]. It is therefore not surprising that Mr. Lu Pat Ng, "representing his family from Malaysia who has substantial investments worldwide" [53] invested both in Amiga Delaware [54] and in Mr. Pentti Kouri's Hakia search engine [55][56]. Interestingly, Mr. Lu Pat Ng's signature in the Amiga Delaware agreement is unreadable [54] and almost completely covering the printed name ("Ng Lu Pat"), as if there was an attempt to not make it too obvious to notice that "Lu Pat" and "Tapul S.A." (Singapore) are one and the same (if you can read backwards). Once again, considering that when an "Amiga" signature is missing or unreadable it might not be so by coincidence, it is sufficient to use a search engine to confirm that these Amiga "friendships" are only the tip of another not entirely transparent iceberg. Indeed, both "Lu Pat" and "Tapul" appear as separate entries, but in the same lists, among the largest shareholders of better known public companies, such as Inch Kenneth Kajang Rubber Public Limited, a Malaysian business incorporated in Scotland [57][58][59]. One might not even consider the two entities as being related, were it not for their common "friendship" with "Amiga".

The Tapul-Amiga Delaware agreement dated May 10, 2004 also is a notable example of the paradox induced by the (momentary) separation of Amiga DE and Amiga OS into different companies. On March 15, 2004, Amiga Washington was forced to state [33] that it would focus on Amiga DE, retroactively leaving Amiga OS (which was the target of the Thendic/Genesi lawsuit against Amiga Washington) in the new and safer hands of Amiga Delaware (aka KMOS). But, as both Mr. Bill McEwen and Amiga Washington had repeatedly stated, the old (Classic) Amiga OS was "dead" [10], and it was Amiga DE, the more modern Tao-based OS, that had the mobile and multimedia capabilities. Yet Mr. Lu Pat Ng, after "due diligence regarding, amongst others, the business potential of [Amiga]OS4" [54], apparently decided to invest one million dollars (buying 5% of shares, effectively valuing the company at $20,000,000) in AmigaOS 4, and not in Amiga DE. Why?

Prokom

In February 2006 Prokom Software S.A., a Polish business publicly traded at the London Stock Exchange, bought [60] from ITEC two million dollars worth of shares, corresponding to 2.3% of Amiga Delaware. At that price, the company was therefore valued at $86,956,521.74, i.e. more than four times as much as in May 2004.

Like Tapul, Prokom too was an investor in Mr. Pentti Kouri's Hakia [53][64][65][75][76] search engine.

In its public 2006 semi annual financial statement, Prokom stated that "Amiga, among other products, developed a versatile platform for an operat[ing] system that enables use of any software or IT applications on all types of mobile devices. Prokom Software SA will work with Amiga on marketing and distribution of this product among Polish software and mobile devices vendors." Prokom's description, especially the "any software or IT applications on all types of mobile devices" clearly refers to Amiga DE (which was powered by Tao's Elate/Intent virtualization technology). The "Classic" Amiga OS never possessed any type of virtualization technology that would enable a Java-like "write once, run anywhere" capability.

Again, $87M doesn't look like a bad deal, considering that Amiga Delaware didn't have a license for Amiga DE.

Whereas Tapul was (we presume) a private company, how could Prokom explain such a "favor" (or lack of due diligence) to its public investors?

From Amiga DE ("AA") to "AA2"

Amiga DE (originally from "Digital Environment"), based on the Elate operating system by Tao, and also known as Amiga Anywhere ("AA"), was supposed to be the next generation Amiga operating system [11][21][32][33], replacing the "dead" [10] "Classic" Amiga OS. Unlike Amiga Washington, however, Amiga Delaware never obtained a license [62] from Tao. This may help explain why Amiga Washington, instead of quickly closing its doors after transferring the assets to Amiga Delaware, publicly stated [33] that it would remain involved with Amiga DE.

The fact that Prokom seemed to have made an investment for a non-existing product did not escape the attention of some Amiga forum members [69][70][74], who contacted Prokom, the press and the London Stock Exchange.

Possibly not accustomed to the inquisitive nature of the most active Amiga fans, Prokom even felt the need to reply directly on juvenile-friendly Amiga forums such as "Moo Bunny" (August 28, 2007 [63]). Without much doubt, it also contacted ITEC/Mr. Pentti Kouri, probably triggering the following rapid succession of statements and changes.

Between September 2007 and January 2008 (Consumer Electronics Show) both AmigaOS 4 and Amiga DE/Amiga Anywhere were repositioned, and AmigaOS 5 and "AA2" were introduced:

• An "Open Letter" by Mr. Bill McEwen was released [78]
• An "AA2" (Amiga Anywhere 2) FAQ section [79] was added [80] to amiga.com
• Mr. Bill McEwen attended a CES-related event to mention AA2 [81]
• CES: Press release titled "Amiga Launches New Version of AmigaAnywhere" [82]
• CES: "AmigaOS 5" interview to Register Hardware [197]
  

In these combined and forward-looking statements, Amiga Delaware explained that Amiga DE/Amiga Anywhere, which depended on Tao's Elate/Intent, was to be replaced by a new solution, to be independent from Tao's technology, consisting of Amiga Anywhere 2 (AA2) and Amiga OS5.

These statements were so vague and open that even Register Hardware concluded [197] that what was being presented was "AmigaOS 5" and that "AmigaAnywhere 2 is AmigaOS 5". According to the article, Mr. Bill McEwen even "whispered" to Register Hardware that "We had to call it that because of the Microsoft deal". After all, if "Amiga Anywhere" (Amiga DE) was an operating system, couldn't it be expected that "Amiga Anywhere 2" would be an operating system as well, rather than merely "the next step in the evolution of the Amiga operating system" (from the Register Hardware footage)?

This got so difficult to interpret that it required a FAQ page [79] to explain that AA2 by itself was not and would not be an operating system, but merely an API (set of functions, similar to open source projects like SDL). In spite of the "New Version of Amiga Anywhere" press release title, AA2 was therefore not a replacement to Amiga Anywhere, because the original Amiga Anywhere, featuring Tao's Elate, was a true operating system, whereas AA2 was not. The FAQ itself clarified that "When completed, [Amiga]OS5 will incorporate and support the AA2 API on top of its own APIs to enable future compatibility for existing source code." In order to replace Amiga Anywhere (which, by inclusion of Tao's Elate/Intent, was an operating system plus an API layer), Amiga Delaware would therefore need both AA2 (API layer) and AmigaOS 5 (operating system).

The press release also mentioned that "New features of AmigaAnywhere 2 include a device-independent, single, ubiquitous Virtual Environment (VEN) that functions across different operating system and the Internet" [82], further confirming, even lacking an AmigaOS 5, a virtualization technology and other aspects resembling the original Prokom statement that had been filed at the London Stock Exchange.

An Amiga Anywhere SDK was indeed released with some early version "2.0" material, hinting at the possibility that AA2, when complete, would be similar to the thin functional layer that Amiga Washington had added to Tao's Intent. However, AA2 never contained (nor, according to Amiga Delaware's FAQ, was it meant to) a true operating system, nor the virtualization technology known as "VEN". Arguably, AmigaOS 5 itself never existed, so that there never was a replacement for Amiga Anywhere or Tao's Intent.

The new "What is AA2" FAQ web site section was given unusual prominence, as indicated by the new and generic "www.amiga.com/faqs/" address and "Frequently Asked Questions" title, in spite of the fact that there were no questions ("AA2" and "OS5" had not been released), and no topics other than AA2 or AmigaOS 5 to be discussed.

Additionally, in the open letter [78], AmigaOS 4 was repositioned as a project that was not merely the PowerPC CPU port of the original 68K CPU Amiga OS that it was originally intended to be: "I recently read a post about how OS 4 should power a phone... This has long been part of our core business plan... negotiating with third party OEM's and ODM's for far more units than the iPhone has shipped". This would appear to be an additional layer added to defend the "mobile device" investment claim.

If the open letter [78] sounds a bit delusional ("far more units than the iPhone") and a bit like a child caught in the act of stealing ("the reality is that Amiga does not support Intent"), the long FAQ [79] is more reminiscent of artificial intelligence projects such as Eliza (a computer program designed to simulate a therapist) or the Postmodernist Generator (software that writes articles that may be accepted even if not understood).

From a technical point of view, the whole fabrication looks even less credible considering the contexts in which it was positioned:

• The old "Classic" Amiga OS had been, to different degrees, matched by its clones like AROS, MorphOS and Hyperion's AmigaOS 4
• The new AA2 library, if ever released, would be in direct competition with free and popular alternatives like SDL (a cross-platform multimedia programming library)
  
• The new AmigaOS 5 operating system, if ever released, would have to match the features and pricing of both Java, backed by Sun Microsystems, Inc., and the free Linux operating system, which was increasingly used in mobile phones, in embedded systems and for multimedia in general

Given this challenging context, in which even established players like Tao had been driven out of business, how could the entirely forward-looking statements of Amiga Delaware be valued $87M?

Ultimately, and up to December 2009, a Tao-free operating system never materialized in any verifiable form beyond these vague statements and some animations, remaining an exercise in vaporware and obfuscation. It therefore seems that the rushed and unexpected introduction of the "AA2" and "OS5" combination had the sole purpose of adding credibility to the claim that Amiga had something of potential value without needing the technology that it had just been discovered to neither own nor have access to.

The Kent Arena Debacle

Between February and April 2007, as the Amiga community was beginning to "pay attention" [70][65] to Prokom's investment in Amiga Delaware, Mr. Bill McEwen, still operating out of his home office in Kent, Washington, entered into an agreement [86] to sponsor the new Kent Hockey Arena, home of the Seattle Thunderbirds, a minor league team. This would cost Amiga Delaware 10 million dollars.

Considering that Amiga Delaware still had no products, putting millions of dollars that came (partly) from public investors into a small-town sports sponsorship could seem bizarre at best.

To position this into a bit more context:

• In 2006 it became publicly known [92] that young Mr. Bill McEwen XVII [6] plays hockey. This means that his father, Mr. Bill McEwen XVI, must have had some familiarity with the local hockey community.
• In Poland, Prokom (later incorporated into Asseco) was a well-known [71] sponsor of major basketball and other sport teams. This might have been an inspiration for Amiga Delaware to do the same.
  
• In the first half of 2007, not only had public attention been drawn to the dubious Prokom-Amiga investment, but other court cases were in full progress. It might have been necessary to show Amiga Delaware as a "real" and "important" company.
• As more insiders were increasingly aware of the Amiga's troubles, it might be reasonable to expect that everyone would be happy if the company could be sold. Again, a major sponsoring effort might have make Amiga Delaware look more "important" and "healthy".
  

Ultimately the sponsorship ended in a public debacle, but not without first having obtained significant media coverage, both deliberate (in April 2007 [45]) and by way of public debate [93][74] and press coverage.

• City of Kent Sells Multi-Million Dollar Naming Rights for Proposed Events Center to Global Tech Company Amiga (Press Release) [45]
• Kent Arena's New Benefactor Has History of Troubles (The Seattle Times) [43]
• Amiga: We Are Good for the Money (Kent Reporter) [88]
• City of Kent Waits for Word on Amiga's Payment (Kent Reporter) [94]
• Naming Rights at Stake for Kent's Arena (Puget Sound Business Journal) [95]
• Kent Officials Lose Patience with Amiga (The Seattle Times) [96]
• Amiga Fails to Deliver Cash, Loses Naming Rights to Kent Arena (The Seattle Times) [67]
• What's in a name? Not Amiga (Kent Reporter) [97]
• Kent Council Questions Pay Raises Approved by Mayor (The Seattle Times) [98]

Also in April 2007:

• Someone from Mr. Pentti Kouri's Espial [101] posed general Amiga-related questions on the "Moo Bunny" Amiga forum [102] (the poster was later identified as long-time forum member Vincent Yin)
  
• Former Amiga Washington employee Mr. Bolton Peck (also known as "Tronman") again [103] posted [10] his perspective of things
• Amiga Delaware sued Hyperion [104]
• Presumably in an attempt to prove use of the "Amiga" trademark, Mr. Bill McEwen publicly asked for old invoices [105]

What message did Amiga Delaware try to convey [45] with its April 17 Kent Arena sponsorship press release? Was it meant to show to the courts, to Prokom and its investors and auditors, or to some new potential investors that Amiga Delaware was not only "for real", but also "important"? Whatever Amiga Delaware wanted to obtain with the arena announcement, it was probably important and short-term, because the truth would inevitably emerge in the following weeks. Was there a Polish or London Stock Exchange audit or court date that we don't yet know about? If however some new investors were at stake, the then-current investors would not have been the ones paying for the arena during the following 10 years, so the problem would be in their hands. Was there an acquisition deal that later did not go through? Or was it a final "favor" for Mr. Bill McEwen to quietly leave a "crime scene" in return for some personal local glory? (If he owned 10% [91] of $87M [60], that might pay for an arena.)

Quantifying "Amiga"

Having its presence split between Mr. Bill McEwen's home office in a rural area of Washington state, a New York mail drop address [87] and a claimed office in India, it is not easy to measure the objective smallness and insignificance of either Amiga Washington or Amiga Delaware.

The largest number of post-1999 Amiga staff that has ever been documented is four people appearing to have a lot of fun in large and mostly empty offices, when Amiga user and journalist Mr. Luca Diana visited the Snoqualmie (Washington) location in 2001 [111]. Three of these four individuals had previously worked together at the former ConnectSoft/Ruksun in Seattle. But money would soon run out for both those offices [23][85] and the staff [24][44][93]. When a Seattle Times journalist visited the new Issaquah (Washington) address in 2007 [43], he found mostly cartons and one person that could not be verified to be a full-time employee.

When Amiga user Ms. "Cecilia Fx" visited the New York address in 2005 [87] she similarly found empty spaces that appeared to host a number of Mr. Pentti Kouri-related business ventures. She noticed someone making a delivery to Bandwidth Technology Corporation. A search for the "167 Madison Ave" New York address in this set of documents matched Cross Architecture, The Kouri Family Trust, Monrepos LLC, Bandwidth Technology Corporation, and Amiga, Inc. A 2009 profile from Bandwidth Technology Corporation [112] confirmed that "Dr. Pentti Kouri served as Managing Member of Invisible Hand LLC, a venture capital and business development company focusing on cutting edge wireless and Internet digital enabling technologies, and was a Managing Member of Monrepos LLC, an international investment firm with holdings in Internet companies. While at Monrepos LLC, he served as Chairman of Ztango.com Inc., a world leader in wireless Internet solutions and services..."

Not having any products of its own, Amiga Delaware maintained an online store selling products licensed from third parties, such as Cloanto's Amiga Forever [115]. Said store was using SSL certificates [49][50] and "Amiga, Inc." copyright and trademark footers and legal notes unchanged since the days of Amiga Washington, and in part even Amiga South Dakota.

It would be interesting to analyze a full report of sales conducted by both Amiga Washington and Amiga Delaware, to see whether sales of $0.99 "crapware" (forum reference to software that it useless, obsolete and/or otherwise commonly available for free) and other third-party products [116][117] reflected a functional business model, or merely served the purpose of preserving a facade of activity (both for investor and for trademark purposes) while "investors" kept using the company to transfer funds.

ConnectSoft/Ruksun (aka Amiga India)

In September 2006, i.e. after the Tapul and Prokom investments, and in the midst of the Amiga-Hyperion court battles involving AmigaOS 4, Amiga Delaware announced that it had purchased Ruksun Software Technologies Pvt. Ltd. of Pune, India [119]. This would be positioned as Amiga's "off-shore development center", and was repeatedly claimed by Mr. Bill McEwen as employing a high number of people (67 people on May 18, 2007 [43], 75 people on May 26 [88] and 63 people on October 5 [120]).

Whenever Mr. Bill McEwen discussed how many employees Amiga Delaware had, and dozens or hundreds of employees were mentioned, they were either part of some future plan, or conveniently located in India, where neither the Seattle Times [43] nor some curious Amiga user [111][87] could pay a surprise visit.

Even before the creation of Amiga Delaware and Amiga India, Mr. Bill McEwen was making similar claims about the number of employees of Amiga Washington. In a March 20, 2000 interview [106] to the Seattle Times, he mentioned "70 employees... moving to Snoqualmie".

Other conflicting statements about the number of employees were made during 2000: between 16 [121] and 18 "scattered around the world" on the same day [122], and 20 a few months later [5].

In a 2003 court interview, he was able to list about a dozen people, including himself and co-founder Mr. Fleecy Moss, the three people photographed by Mr. Luca Diana in 2001 [111] (Mr. Vince Pfeif[f]er, Mr. Sanjay Menon, Mr. Dean Brown) and Mr. Kevin Umberg, Mr. Jonas Gustafson [Jonas Gustafsson?], Mr. Jarno van der Linden, Mr. "Rudy Fiorito" [Rudi Chiarito], Mr. Ray Akey and Mr. Randy Hughes. All were mentioned as being uninsured and/or unpaid and/or working from home and/or having a different day job. No answer was provided to the court as to who exactly had ever worked under a formal employment agreement. Other names, known from other sources to also have worked for Amiga and to have not been paid, include Mr. Wouter van Oortmerssen and Mr. Olaf Barthel.

In a March 2000 "Executive Update" [123], introducing Mr. Vincent P. Pfeifer, Mr. Bill McEwen stated "Vince and I worked together for several years at ConnectSoft." An April 2002 Seattle Times article [124] also mentions that "McEwen worked at ConnectSoft". ConnectSoft was a Seattle-based software company.

Why is ConnectSoft relevant? Because in 1995 it purchased [125] the same Ruksun company that Mr. Bill McEwen purchased [119] again in 2006. Ruksun was then renamed ConnectSoft Ruksun, and then renamed back Ruksun before it was "sold" again to become Amiga India.

Mr. Sanjay Menon, formerly working for ConnectSoft Ruksun in India [70][126], also joined [128] the two ex ConnectSoft friends Mr. Bill McEwen and Mr. Vince Pfeifer at Amiga Washington.

An undated early-2000s photo [127] by a former Ruksun employee titled "The Ruksun gang!" shows 13 people. As another former Ruksun employee clarified [69] in a 2007 post on the "Moo Bunny" Amiga forum, "most of them left in 2004 after the big Microsoft debacle. The staff was still very young and some of them continued education after their time at Ruksun up. During the dot.com bubble in 1999-2001, nobody thought a MSc would be all that important. They earned enough without one!"

Hyperion and the "Robbery of the AmigaOS"

Belgian company Hyperion CVBA (formerly Hyperion Entertainment VOF), was founded by lawyer Mr. Ben Hermans (full legal name Benjamin Hermans) and engineer Mr. Evert Carton in 1999. Current ownership details do not appear to be public record, but multiple sources indicate that as of 2017 Mr. Ben Hermans remains the largest shareholder. He also held the CEO title until the end of 2016 [255]. Mr. Ben Hermans is an associate partner at Brussels firm Monard Law [252]. The current CEO is Mr. Timothy De Groote, who is employed as a slaughterhouse cleaner and warehouse worker [254]. He is also a local board member of Vlaams Belang, a right-wing populist and Flemish nationalist political party [253][256].

In its early years, the competencies of the founding duo allowed Hyperion to acquire some licenses to port existing games to different platforms (e.g. from Windows to Amiga). Between October [131] and November [132] 2001, Hyperion entered into an agreement with Amiga Washington to port the "Classic" Amiga OS 3.1 (or 3.9, according to a possibility laid out in the original plan) from the 68K CPU (as in the original 1985 Amiga) to the increasingly popular PowerPC CPU, which was already used in some newer Amiga expansion boards and in computers by Apple. Mr. Ben Hermans and Mr. Evert Carton both had other full-time jobs (Mr. Ben Hermans as an attorney), and would subcontract the work to external programmers, most notably the Frieden brothers in Germany.

According to the contract [132], the conversion was expected to be fairly simple both in terms of budget ($25,000), specification ("Essentially, OS 3.9 running on the AmigaOne and CyberStorm PPC without using the 68k CPU") and timing ("ready for release in a matter of months"). Everything non-essential was grouped into a different section titled Future Work: "It is clear that the primary concern should be to get OS 4 up and running on both the AmigaOne as well as the CyberStorm PPC cards as soon as possible. After the basic work is done, further updates and goodies may be made available as boing bag upgrades on the road to OS 4.2."

Once it had received the $25,000, Hyperion was supposed to "transfer all Source Code, interest and title in OS 4.0 to Amiga [Washington]", while continuing to pay Amiga Washington royalties for any sales of OS 4.0. Instead, Hyperion claimed to only have received $24,750, i.e. $250 less than the agreed amount, whereas Amiga Washington claimed to have paid "far more than the prescribed $25,000 payment for that transfer" [243]. In a series of aggressive escalations, what had started as a clerical $250 error even according to Hyperion, evolved into a complex lawsuit coordinated by Mr. Ben Hermans acting as attorney of his own company and reportedly funded [239] by British oil millionaire [232] Mr. Robert Trevor Dickinson. The Amiga parties, represented by law firm Reed Smith, preferred to settle the matter [138] in 2009. The "robbery of the AmigaOS" [239] was thus complete, leaving Hyperion with both the payment for the porting job and a royalty-free ownership of AmigaOS 4, rather than a mere license, and Mr. Robert Trevor Dickinson's A-EON Technology Ltd., among others, with a "worldwide, perpetual, royalty free licence to use the AmigaOne, AmigaOS and Boing Ball trademarks and trade names granted under sub-license from Hyperion" [244].

In 2015, Hyperion was briefly declared bankrupt [233]. After it eventually filed its accounts for fiscal year 2015, it emerged that it had accumulated more than half a million euro in debt [257].

Between December 2016 and May 2017, Mr. Ben Hermans, representing his law firm Monard Law on behalf of his company Hyperion Entertainment CVBA, filed to register its competitor Cloanto's "Amiga Forever" and "Workbench" marks as its own with the European Union Intellectual Property Office [258][259]. Perhaps driven by the state of its accounts, and with free legal services as Hyperion's only notable asset, this move was seen by some in the Amiga community as overly aggressive [239], as it was increasingly meeting the definitions of conflict of interest and bad faith trademark filing, if not altogether legal abuse. The same discussion threads [239] also mentioned a tale of forgeries, blackmail and secret contracts. (So far, I received confirmation of different aspects of the story from a Hyperion partner and from a third-party, and I could listen to an audio sample where two parties involved cited the alleged forgery and how this allegedly led to a conspiracy to defraud some Hyperion creditors and partners, but not others, of future revenues.)

In 2018, and in spite of not being in good standing itself, Hyperion started a new series of lawsuits against various Amiga parties (Amiga, ITEC, Cloanto). On May 25, 2018, Cloanto filed a response [260] which includes an interesting analysis of several aspects of the 2009 Amiga-Hyperion settlement agreement.

An insider source described the situation as "From what we can see, one can only conclude [that Hyperion is going] for no-less than total control of the Amiga-ecosystem. At all cost... Given their failure to deliver, that's the only option they have left to remain somewhat relevant, but I think, and I think we agree, they're basically destroying whatever is left, even if they win all these expensive litigations."

More details to be added.

Observations on the Hyperion-Amiga Case

At the contractually agreed [132] specifications and costs, the project for the porting of the Amiga operating system to the PowerPC architecture was a credible stopgap effort do deliver a moderately newer operating system to a modest community of Amiga users that was anxious to use something new, while Amiga Washington kept working on Amiga DE (based on the much newer Tao Elate/Intent operating system architecture).

The initial cost estimate (and the amount of the buyback clause) appears to truthfully reflect the higher end of amounts that were common in the modest Amiga market. To better understand actual sales volumes (as per a variety of 2007-2009 forum posts), once AmigaOS 4 was complete, it was produced in quantities of a few 100 units at a time (probably batches of 500), whereas the unofficial AmigaOne PowerPC-based successor named "Sam" by ACube Systems Srl was produced in lots of 50 units at a time. Years later it seemed hard for some to believe that an operating system could be written or sold for $25,000, but we believe that for the simple port (not a new operating system) that this was meant to be, it was a generous amount that made all parties happy. For other operating systems, for example Linux, ports from one CPU to another (including 68K and PowerPC Amiga systems) were customarily done as a community effort at no charge.

Things became more complex when Hyperion was unable to obtain the full 3.9 source code that it was hoping to base some of its work on, and had to limit itself to the version 3.1 code. However this was not unexpected, as the original porting agreement itself stated that "Changes made after as 3.1... There might be license issues involved with this" [132].

The first 4.0 release was originally planned as a port from one CPU to another, without adding new features (Mr. Fleecy Moss deposition: "The goal of this development was to move the Amiga as from the more antiquated 68k processor and custom chipset to a state of the art, PowerPC ('PPC')-based processor" [133]). Instead, during development, a number of new features were added by Hyperion, which delayed the initial release.

On the legal side, during the AmigaOS 4 project, Amiga Washington found itself in need of transferring rights for the "Classic" Amiga OS (which Hyperion was basing its work on) to the new Amiga Delaware entity, apparently for the prime reason of protecting this asset from the Thendic/Genesi vs. Amiga [21] litigation, but possibly also in a shift of control between shareholders. Thendic/Genesi were supporting a competing Amiga-inspired operating system, named MorphOS.

The original Amiga-Hyperion contract [132] for AmigaOS 4 was from 2001, whereas on March 12, 2004 Amiga Washington stated [22] that on April 24, 2003, it had transferred the Amiga OS to Amiga Delaware (via ITEC LLC). This sequence of events was not considered to be credible by the inquisitive Amiga community, because it meant that for almost one year the "Amiga" company kept silent, or otherwise pretending to do business as usual, including negotiations and references concerning AmigaOS 4 [32] up to early 2004. At some point, Hyperion had raised the doubt that as it found itself under judicial pressure Amiga Washington and its alleged accomplices backdated at least some of the contracts. On the other hand, Hyperion itself had claimed to have entered a new contract with ITEC LLC [134] on the same date of April 24, 2003. If the Amiga Washington-ITEC agreements had been backdated, was the Hyperion-ITEC agreement also backdated in a common act of collusion?

Mr. Ben Hermans not only was the managing partner of Hyperion, but he had also provided legal advice to Amiga Washington [135] in its battle against Thendic/Genesi to "quash MorphOS". On March 12, 2004, his partner Mr. Evert Carton also testified in support of Amiga Washington [136].

The Amiga companies terminated the AmigaOS porting agreement with Hyperion on November 21, 2006 [118].

As Amiga Delaware turned against Hyperion [104], Hyperion appeared to express surprise [137] by the previous sequence of events: "Subsequent developments in this case have only strengthened the evidence supporting the claim that Itec engaged in the fraudulent conveyance of Amiga Washington's assets, first from Amiga Washington to Itec, and then from Itec to KMOS/Amiga Delaware, and that those acts damaged both Hyperion and other creditors here in Washington, where Amiga Washington's assets were located."

In the eyes of the public, Amiga Delaware (the successor of Amiga Washington) further repositioned the AmigaOS 4 project, which had gained importance after it was found out [62] that Amiga Delaware had no rights over Amiga DE, yet the company had been valued $87 million for technology that in its documented description [60] could originally only match Amiga DE. Unsubstantiated claims whereby phones powered by "AmigaOS 4" were expected to sell more devices than iPhones [78] may be better understood from this perspective, and were not part of the initial plan [132].

At the same time, the Amiga community observed with passion how Hyperion's lawyer-owners aggressively exploited the move from Washington to Delaware (which Hyperion had previously accepted), using it to further attack the Amiga companies, as if the claim of the missing $250 payment was not sufficient to win or settle the case to Hyperion's advantage.

Cloanto

Having its roots in Commodore 8-bit systems, Cloanto was one of the original software developers for the Classic Amiga platform, for which it had been creating productivity applications like Personal Paint and Personal Write "since the 1980s" (per web and social media pages).

In 1997 Cloanto published, with the blessing of Gateway, the first version of Amiga Forever, a legal and official Amiga emulation package. While releasing new versions of Amiga Forever, Cloanto also continued to work with both Amiga Washington [32] and Amiga Delaware [115].

The Amiga Forever documentation [245] states that "The Amiga Forever package is published by Cloanto IT srl ('Cloanto IT'), including items under license from Cloanto Corporation and other licensors." Cloanto IT srl is an Italian corporation, which according to public records [246] was founded in 1987 and is owned 90% by Mr. Mike Battilana (full legal name Michele Console Battilana), who is also the CEO, and 10% by Ms. Eva Moosleitner. Cloanto Corporation is a Nevada, USA, corporation. Ownership details of the latter do not appear to be public record.

In sharp contrast to the public battles between the Amiga companies and Hyperion, it became known only in 2011 that behind the scenes Amiga Delaware and Cloanto had been engaged in negotiations over some trademark matters since 2007 [216][217]. According to documents published by the USPTO [218][219], Amiga Delaware and Cloanto reached an agreement in early 2011. Unlike the settlement agreement between the Amiga companies and Hyperion, which was published by the court [138], the agreement between Amiga Delaware and Cloanto appears to have remained private. Possibly as part of this agreement, according to documents published by the US Copyright Office [220][225] Amiga Delaware assigned to Cloanto the Commodore-Amiga copyrights it had registered in its name (except for newer works such as AmigaDE and AmigaAnywhere). US trademarks like "Amiga Forever" and "Workbench" also became registered in Cloanto's name [7].

At the Saku 2014 event in Finland Cloanto president Mr. Mike Battilana described [229] how the 1997 agreements opened the door and "allowed to build on that license and later slowly acquire some things". When former Commodore and Amiga manager Mr. Petro Tyschtschenko asked what he thought about a Linux-like open source model for the Amiga OS, Mr. Mike Battilana cited the legal work that Cloanto had already been doing to make such an option possible, adding that more work needed to be done.

At the end of December 2015, Austrian self-proclaimed "hacktivist" Mr. Bernhard R. Fischer gave a speech titled "The Ultimate Amiga 500 Talk" [236] at the 32th Chaos Communication Congress in Hamburg, Germany. At about the same time as the speech, during which Mr. Bernhard R. Fischer cited his own past as a "cracker" and "spreader", the proprietary source code of Amiga OS 3.1 was leaked to that same event's file sharing network, and immediately became public [237]. Analysis of this leaked source code revealed how Cloanto had contributed to the Amiga operating system as far back as 1993 [230], leading to some speculation on whether it could use this status in relation to the complex legal proceedings between Hyperion and the Amiga parties, and in the context of an open source scenario.

Between 2016 and 2017, Cloanto added some details about "possible futures involving open source, a nonprofit and/or foundation, and other long-term preservation scenarios" to its cloanto.org page [238]. In what seemed like a response to this, Hyperion director Mr. Timothy De Groote stated [240] that "We cannot legally support this. Once it is open source, this is an irreversible decision that is beyond the scope of our license under the Amiga Inc. Settlement Agreement."

Trademarks

Trademarks are generally expected to be distinctive and to help identify products and services so that consumers can distinguish the source without likelihood of confusion. Yet, at the end of this disquisition, it should have become clear that for the average "Amiga" consumer it would have been impossible to tell three different "Amiga, Inc." [2][3][4] companies apart (South Dakota, Washington, Delaware). Not only did officers and investors intentionally and simultaneously use the exact same "Amiga, Inc." name for companies in three different states for overlapping periods of time, but they also claimed or admitted [22] that for almost one year (between April 24, 2003 and March 12, 2004) they kept secret the fact that the "Amiga, Inc." company that appeared to be publicly representing certain products or services, was in fact an entirely distinct entity.

As part of the August 30, 2004 transfer of assets [37] from Amiga, Inc. (Washington) to Amiga, Inc. (Delaware), Amiga, Inc. (Washington) agreed not to use the "Amiga" marks any longer. This also meant that from that day neither Amiga, Inc. (Washington) nor Amiga, Inc. (Delaware) could any longer market the same "Amiga DE" and "Amiga Anywhere" products that had been the basis of trademark claims (e.g. "Statement of Use" for USPTO Serial 76096557). This is because the Washington company had given up all rights over the name [37], while the Delaware one did not have a license [62] for the underlying operating system and "player" technology by Tao Group Ltd. Such a long time of non-use is important, for trademark purposes.

During this entire timeframe spanning more than 10 years, the single amiga.com Internet domain was used to represent a succession of three "Amiga, Inc." companies as if it were the same company. The footnotes, the legal notes and the whois information always referred to a single name, namely "Amiga, Inc.", in 2009 just as it was in 1998. Similarly, in spite of widespread, unlicensed and unchallenged use of "Amiga" on web sites (forums, news sites, fan sites, etc.) and software products (e.g. on the "Aminet" download network [196] and in commercial packages [159]), the occasional mention of "Amiga, Inc." in third party sites was generally never updated after being set in relation to the first of the three companies.

Even the SSL certificate, which is an electronic document meant to disclose the seller's identity to the consumer, remained substantially unchanged [49][50] as the entity changed from Amiga Washington to Amiga Delaware. How could a consumer understand who represented what? Over the years, different companies with the same name engaged in promises, acquisitions, "$300,000 coupon scams" [70][195], legal battles and occasional sales, and the consumer, the honest enthusiastic Amiga computer fan, always paid the ultimate price.

Amiga Delaware tried to register [158] marks that had been in widespread use for decades [140][141][142][143][144][145][146][147][148][149][150][151][152][153][154][155][156][157], such as the so-called "boing ball". Amiga Washington itself had been using [1][166][167] the "boing ball" without any trademark claim, even on pages where trademark notes were generally present for other marks (e.g. "Java" or "Amiga").

When in 2006 Amiga Delaware had to file to renew the "Amiga" trademark at the United States Patent and Trademark Office (USPTO), in order to satisfy the requirement to illustrate that the name was indeed in active use on actual products, it had nothing better [114] than the photo of a 1200 baud modem (a model from 1985-1986), that was most definitely not being sold for at least 15 years. By USPTO standards, this might be a fraudulent filing.

Between 2005 and 2007, Amiga Washington and Amiga Delaware made numerous address changes, assignments and corrections to "Amiga"-related trademarks [160][161][162][163][164].

In 2007, in an attempt to prove use of the "Amiga" trademark, Mr. Bill McEwen publicly asked for old invoices [105].

Notwithstanding the attempted assignments of the existing trademarks, and the wide presence and use of third-party products and similar marks, in 2006 Amiga Delaware tried to register new trademarks for the same marks [158][165].

In early 2010, a search on Aminet for software titled "amiga" or with "amiga" in its short description resulted in 5,052 titles [196], spanning the entire timeframe during which the three "Amiga, Inc." companies were active, and also including releases prior to that.

A similar March 2010 search on internet domains containing the word "amiga" resulted in over 15,000 results [213]. The search was limited to domain names up to 25 characters, no numerals, and using only the .com, .org, .net, .info, .biz and .us extensions. While many of the results were related to the social and adult business ("amiga" meaning female friend), numerous domain names were computing-related and appear to have been in uncontrolled use for years. Why did the Amiga companies or their law firms never do such a search, to protect the claimed trademarks?

Amiga Washington had also sold to others some IP assets and rights that included the possibility to use certain "Amiga"-related marks [180] without any form of quality control ("naked licensing").

Hyperion itself opposed [137][139][175][212][211] several attempts to transfer and/or register "Amiga"-related trademarks, claiming [214] that the transfers from Amiga Washington from Amiga Delaware were fraudulent, meant among others to defraud the creditors of Amiga Washington. Hyperion further noted how the two companies were run by the same "insiders", who allegedly knew that Amiga Washington was insolvent, and indicated how a crucial claimed security agreement had not been registered with the Washington Department of Licensing [210].

Over the years, the answer to the "What is an Amiga?" question became less clear. Companies like Amiga South Dakota, Amiga Washington and Amiga Delaware were not releasing products. Inevitably, "Amiga" news sites (amiga.org, amigaworld.net, amiga-news.de, morphos-news.de, amigafuture.de, ann.lu, ppa.pl, amigaimpact.org, etc.) increasingly covered systems like MorphOS, AROS, Amiga OS XL, Amithlon, Amiga Forever, UAE, Fellow, Efika, Sam, MiniMig, Clone-A, NatAmi, Phoenix A1000, A-EON, etc. It therefore might be claimed that the "Amiga" mark became genericized even within the context of operating systems, software and computers (the word "amiga" per se is a popular generic Spanish/Portuguese word meaning "friend", also increasingly used in the US and elsewhere).