I understand the position of Hyperion. However I personally think open sourcing 3.1 offers them and probably even aeon & acute more potential then just sitting on os4.
Build a community around the os but still offer the end result of all new code in the form of (one of potential more) commercial AOS 3.x "distributions" on multiple architectures (68k/fpga, x86/64, arm,...).
Aeon can develop all their acquired classic applications even further. And together with A cube come up with some nice (and more affordable, hence better sold) hardware.
It would be a damn shame if the energy of Hyperion will go into chasing the leaked code and even further cause upset in the community. It would be beneficial for all, including Hyperion, to constructively over think a new open source oriented approach.
