Personally I don't think NDA is the problem right now.
The problem is Hyperion. Because it's in constant near-bankrupcy status (money dilapidated in legal battles) , and in the verge of losing even the licensing, as Cloanto will obviously win the dispute even against the best lawyers of planet earth.
From what we are told here, Thomas will not contribute to OS 3.x if Cloanto wins the legal dispute and/or open the sources. Working for free on a commercial product is OK if the money go to Hyperion, but not if the money go the the legit proprietor? I don't understand.
Having a bug-fixed enhanced and "in development" Amiga OS 3 is a need for the Amiga community, and doesn't matter if it comes from Hyperion, Cloanto or from an open source project to me.
I really like 3.1.4 and I'm awaiting for 3.2. I will buy it as I did for 3.1.4 even if I would had preferred to give my money to Thomas instead of Hyperion. I hope Thomas will rethink his commitments and continue OS3.2 development even after the legal issues are resolved in favor of Cloanto.
A technical question: If OS 3.2 will see the light - an OS3.1.4 installation could be updated without losing any of 3.2 new features or the best solution would be to make a fresh install?