Thomas: if you had the 3.9 sources and rights, would this update exist?
I'm not quite clear what you are asking. This update (3.1.4) exists. You mean an update for 3.9? Of course we would update 3.9 if we had all the rights and sources, but we don't. Some of the components are lost because H&P never checked them in (IPrefs from 3.9) so we had to reimplement parts of it. Other components where never checked in by other parties, so we had to replace them completely (The Os 3.9 Execute by Heinz is just lost), others we don't have the rights to (HDToolBox by Joanne Dow). The situation is complicated.
But, as said, I'm always trying to pick the latest and greatest component I can get hold of, and this also implies that *some* of the components are later than those in 3.9. This is either because I had newer sources (diskfont, asl) or because I made newer components (layers, shell) or because I reimplemented them for the purpose of just this project (queue-handler, clipboard.device, port-handler).
So this update is really "somewhere between" 3.1 and 3.9, and beyond 3.9.
I think not, but would like an honest answer, because it otherwise does seem a pointless back to the future update.
See, that's the best we can do with the components we have. That's all I can say. I'm not removing anything from 3.9 because I'm a mean guy.