@Argo
If one of the actions the judge chooses is to approve the sanctions put forward by Thendic/Genesi's lawyers and as such includes the mentioned handing over of a copy of the source code of DE to Genesi to port. Amiga, Inc. could loose control over DE.
Absolutely not.
Access to source code does not mean freedom to do what they like with it. Genesi would only be entitled to use the source code to port AmigaDE to their own devices as per contract, nothing more. They would still have to abide by all the conditions and copyrights therein.
Furthermore, AmigaDE does not only contain Amiga Inc copyrighted material, but also TAO's IP. It remains to be seen if any commitment by Amiga Inc to hand over source code is binding upon TAO, no matter what the contract between Amiga and Genesi says.
No court can enforce a sanction which would be in direct violation of copyright law. Most likely, if the sanction was imposed and Amiga were found to be unable to comply with it in a legal manner, further penalties would be exacted against Amiga Inc.