AT Thomas Richter and Kolla
Haage & Partner still have the rights to OS3.9. Vasalia still has(had) legitimate copies of 3.9 available not so long ago. To the best of my knowledge however, they have not given permission to the Apollo Team to modify and distribute versions of 3.9. In fact in the only public statement they have made regarding this, they said they could not give permission because they could not contact all of the developers involved.
You are definitely right Kolla to question this. This has been one reason why I have not purchased a vampire board. There are also some questions regarding OS 4.1 as well but that's another story, for another thread.
We'll have to see the results of the Hyperion versus Cloanto court action as well as the resulting enforcement orders for clarity.