Even with considerations for some of the residual hard feeling for Ben Herman's, I'd recommend considering Hyperion as a source for OS 3.1.

Cloanto's claim to ownership is somewhat threadbare, and their original license dates back to a company that no longer exists.
And that is what it was, a license.
Transactions made with Amiga Inc. after it granted Hyperion the sole right to develop from OS3.1 are highly suspect.

You all may not like this, but this is likely to be resolved in courts in the state I live in, and I'm fairly familiar with the law.

And with previous judgements in their favor, it looks like the courts will rule in favor of Hyperion in this matter.