It's a fundamental difference in concept between a loan/lease and ownership. If Hyperion is unhappy with Amiga Inc for whatever reason, they should bring it up with them.

Heck, should Amiga Inc want to release a product based on Commodore Amiga OS (the "Checkmark Branch"), they would have to get a license from Cloanto, the registered copyright owners.

It doesn't matter anyway. The whole purpose with the lawsuit is to disarm Hyperion as opposers to the Amiga trademark registration, to make a case that Hyperion in no way is entitled to this, since it is about ownership of IP that Hyperion has never owned, and any and all rights Hyperion might have to use the IP in question is predated by Cloanto by several years, no matter how you count. When that is done, when the situation has settled, when the Amiga trademark registration is a done deal, I am pretty sure Cloanto won't give a f!ck about Hyperion continue to develop and sell their OS4 to all 80 or so owners of €3000 AeonKit PPC motherboards. They might even be positive to that thought. I think they are. I think they want OS4 to continue. Maybe they will once again be part of new OS4 products as well. I also think they want Olsen to continue his development of the 68k side of the "Bong Ball Branch" as well.

Cloanto is as old as Commodore Amiga. They must be the oldest still existing Amiga company in the world. Nothing in their track record suggest anything in the line of them wanting to stop or prevent things. That kind of crap is all in Hyperion's domains. No, with Cloanto it is the opposite, they want Amiga to exist forever in whatever past/present/future shapes and forms possible, and they want as many as possible to be part of it.

Hence their talk about "A discourse on possible Amiga futures":

http://amigaworld.net/modules/newbb/viewtopic.php?mode=viewtopic&topic_id=42002&forum=2&start=0&viewmode=flat&order=0