Regarding the one claim about the bootmenu showing AmigaOS as an option...
1) I strongly suspect that to be a mockup, and if it isn't then...
2) It's obviously referring to some sort of network boot or virtual terminal type of setup. One of the other items in that menu was WindowsXP - absolutely no chance that's running natively on the Efika!
My guess is that Amiga is recognizing the Hyperion case turning against them and they're trying to flex their legal muscle on something they have a better chance at winning. Granted I don't follow these legal cases closely at all, but if I'm not mistaken the details of the Amiga/Thendic/Genesi arrangement were never made clear in public, which might give them a better chance at arguing their side in court.