Background

On August 30, 2015 Hyperion Entertainment CVBA released a new version of the AmigaOS Software Development Kit (SDK). One of the newly included components is called btree.library. I created the original btree.library to be part of MorphOS in early 2000s. Development material for this library was released as a part of the MorphOS Software Development Kit.

Infringement

At least two files included in the AmigaOS Software Development Kit contain my intellectual property without my consent. The files contain only trivial changes such as removal of the copyright notice:

This infringement is particularily damning considering that over the years Hyperion Entertainment CVBA on numerous occasions claimed MorphOS to be infringing copyright and threatened to take legal action.

I applaud the decision to add more MorphOS API compatibility to Hyperion's operating system. It should be done without copyright infringement, however.

I reported this incident to Hyperion September 4, 2015 22:50 (UTC).

Update

On September 6, 2015 Hyperion Entertainment CVBA released a new version of the AmigaOS Software Development Kit (SDK). The release notes of this new SDK version are the following:

SDK 53.30 (5.9.2015)
  • Updated btree.library API

The actual changes are superficial rephrasing of the comments and documentation. Whilst slightly different now, the files are still clearly built upon my originals. No one has contacted me offering any kind of explanation or apology.

Regardless, the fact that the files have been changed in this way clearly is an admission of guilt.

Update 2

On September 11, 2015 11:41 (UTC) I finally received a response from Hyperion Entertainment CVBA. Since I've been so critical of Hyperion I find it only fair I reproduce the response here fully:

Had this been the only response I saw, I would likely have been relatively content. However, at the same time (September 11, 2015 11:10 (UTC)) I was also forwarded the email message Hyperion presentative sent in response to my initial report. The message was forwarded to me because Hyperion had failed to contact me as requested by the hosting company. This message has a "slightly" different tone:

The content of the allegedly infringing copyrighted material was REPLACED by a different version with the same filename.

Please also note that we are dealing with a claim of infringing of an API which is NOT protectable pursuant to European copyright law. This was a ruling by the European Court of Justice of 2012.

Feel free to review the case of SAS Institute versus World Programming Ltd:

http://curia.europa.eu/juris/document/document.jsf?doclang=DE&text=&pageIndex=0&part=1&mode=DOC&docid=122362&occ=first&dir=&cid=436941

Apart from the replacement of the allegdly infringing material, there was no copyright protection to infringe in the first place.

The so-called infringing file was REMOVED AND REPLACED by a file with the same name.

Thanks for the apology guys, I truly appreciate your sincerity. *sigh*