Lots of peoples argurments here stem from the clash of the 3.9 EULA with AmigaForever/Amithlon etc.
But they are not the same marketable products - therefore its more than likely that they have different EULA's, thus rendering your argument void.
It would clash with the original OS3.9 EULA if you tried to install it on AmigaForever, or perhaps an A1, but if you you used the appropriate version, i.e. the A1 version of OS4 on an A1 the EULA would be written accordingly.
Anyway, as far as the A1's go for all intents and purposes they were created with AOS4 in mind, with the intention that it would ship with them. Therefore theoretically they would come preinstalled with OS4 if they could thus fulfilling the EULA of OS3.9.
Rassilon