im not sure where anybody has proven to defend their position, as im not sure one needs associate like that so much if one can avoid it.
I thought the case against Amiga Inc concerning the rights on AmigaOs for development of Os 4.x should be known in the community. So at least this court case provided the following answers: a) Hyperion has the rights for developing Os 4.x on the basis of the existing Amiga Os, and b) they're willing to fight for this.
Whether a) includes the rights on the *original* 3.1 AmigaOs is still open to my very knowledge, so it could still happen that somebody else comes up with claims. Whenever that happens, see b): I *then* want a partner (and not an enemy) that is willing to fight this through. That this worked is shown by a), even though it did not establish a decision concerning the rights on 3.1 to my very knowledge. Whether there is anybody else who claims to have rights on 3.1 and has willingness to provide that in court is unclear to me, but it would at least establish a complicated situation that I wouldn't be happy to support.
to be clear, im not going to try to convince anybody to prove that amiga is commercially viable, let alone to invest money in it up front. those in question need to evaluate their plans for themselves. ot has nothing t do with the attitude of particular individuals in the scene. people are fed up and are taking things in theor own hands, one way or another. whoever let it came to that can now blame himself.
The problem is this: Without such engagement, nothing will happen. Or at least: Nothing *legal* will happen. At "best", you're creating a project that puts its developers in a very delicate legal position - you're creating a legal (and financial) risk for the projects and the people engaged in such projects. I'm not willing to take this risk, not only as a matter of a "probability estimate", but rather on a moral ground. Too much problems were already created in the past by "ignoring" such questions, and opening up another case is unlikely to help.
If you want a legal alternative for free, the route is in front of you: Create an AmigaOs from scratch, only from the publically available documentation. Essentially, this means AROS. It also means, however, that you have to exclude some folks here, for reasons that those folks were engaged in the original development (Olsen, Heinz, and - amongst others - also me).
Nothing will happen if you're neither willing to make a contribution in the form of money (AmigaOs, official) - or in the form of work (AROS). Make your pick. Or to put it simple: "Nothing is for free in this universe", not even AmigaOs 3.1.