> The settlement was created to allow both companies to do business.
> Hyperion could keep making AmigaOS 4 without Amiga Inc's interference,
> but in return Hyperion would not get rights to what they consistently had
> not paid for, i.e. classic AmigaOS, Amiga hardware exclusivity. [...] This
> was the understanding of all parties at the time, including the judge.
> Hyperion's trying to unravel it in their favour by using uncertain wording [...]
> is sure to seen with the dimmest of dim views by the court.

Yes, the final verdict, if any, will be a choice between favouring the wording of the agreement or favouring its perceived "spirit", that much is clear, and Cloanto and the Amiga parties are quite aware of this (hence their request to void the settlement agreement if the wording is found to be against the "spirit").

> They developed OS4 themselves. Other versions of AmigaOS simply do not belong to them.

On the base of Olsen's AmigaOS 3.1 branch (which in turn is based on Commodore's AmigaOS 3.1), Hyperion developed OS4 as much as what they sell as AmigaOS 3.1.4. I don't see the difference in this regard.