"the Amiga Parties hereby grant Hyperion [...] 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 [...], through any means (including but not limited to making AmigaOS 4 available...

Note underlined portions.
This would seem to validate the creation of OS3.1.4.

Hyperion has the sole right/license to develop from AmigaOS source code.
That may very well be limited to OS3.1, but outside of compatibility for software that will not run under 3.1, does that really matter?

Again, the only flaw I see is their distribution of 1.3, and even that is a minor transgression.

Mike on the other hand has tried to obtain complete ownership rights to intellectual properties that were already under license.

This lawsuit could really backfire on Cloanto.

Even McEwen's ownership of AmigaOS was in question before the Hyperion/Amiga Inc. settlement, but once that took place it was recognized that Amiga Inc. was the property owner, and Hyperion was granted the SOLE license to develop from the property.

Cloanto, another former licensee, in purchasing these assets after said license was granted is still under obligation to honor the terms of the prior settlement.

[ Edited by Jim 10.04.2019 - 12:15 ]