If someone tries to rob you and you resist, that doesn't make you the aggressor.
Excuse for being confused, but who is robbing whom here? Let me recapitulate: Hyperion and a couple of folks start creating Os 4, while Amiga Inc. is trying its luck with AmigaDE, a "me, too" product of Java, and fails, quite unsurprisingly.
Then Amiga Inc. claims that AmigaOs 4 is their property, after Amiga DE fails. Hyperion goes to court, against AmigaInc, Amiga Inc. goes bankrupt, transfering ownership to Amigo (or what's is name), renaming this enterprise again to Amiga. Then Amiga and Hyperion settle, creating the settlement agreement for ongoing development of AmigaOs. Then, Amiga Inc. sells again its "property" to Cloanto. So I really wonder who is the thief in all this epic novel. If you want to point fingers, Amiga Inc. seems to be a much more suitable target for that, having two victims.