how I see it...
all companies involved understood that the 68k market is the only one you can still earn money (partly because of activities around apollo/vampire). For a long time Cloanto was involved in the 68k market (emulation) and Hyperion in what they call NG based on PPC. Then they included the kickstart roms in 4.X, then they licensed roms and now they offer 3.1.4 with 100% profit because the developers get nothing. So Hyperion more and more moved in the territory of Cloanto and that finally created the dispute. Trying to get trademarks and attacking all others they seem to have created a wave they cannot control anymore and in worst case will kill 4.X. Shit happens I can only say. Ben H. is attorney so he should know what he does...
Regarding the split... yes it is there. If 3.X would be standard and open source (with no "NG") that would have been best (the smaller but very active C64 market is a example) but it is how it is.