Where's the sense in it? Cloanto is providing these ROMs since ages and has provided a few updates. 68k is actively maintained by Cloanto. No need for Hyperion in this domain. Splits the market even further and I doubt it's perfectly legal.
I think it's covered in the settlement with Amiga Inc. They even sub-licensed the source for the IDE driver to Individual Computers.
I don't think the updates from either Hyperion or Cloanto are significant enough to cause any kind of split.