So they don't care and neither allow nor prohibit copying of 3.9, at least not if no money is charged for the copy. That's what I would consider abandonware.
ApolloOS is highly illegal from a legal point of view
To find copyright owners and get approval, examine documentations regarding distribution and so on is a lot of work. That is expecially true for former commercial software. I would estimate at least 40% of time is needed for that. To say I do not give a %&$#?@!%&$#?@!%&$#?@!%&$#?@! on laws and simply ignore it saves a lot of time. Cinema4D f.e. what was included is still sold and not abandonware (of course not for amiga and reprogrammed not based on the old sources). So team members should not promote ApolloOS in public to not make them attackable in a legal sense. Vampire is if you look how many devices are sold something commercial so rules and laws have to be accepted. How much profit you do with it is not important.