Well, we could try, but there's a risk of tainting the project. AROS is on safer grounds if it's a clean room implementation of the API rather than if people who had access to the original AmigaOS source code had been involved. Personally, I don't want to risk compromising the AROS project.
This is my personal opinion but I wouldn't mind taking the risk of tainting the AROS source code with contributions from you or thor or other people who have seen the source code. But I do understand these people would also expose themselves to possible lawsuits and understand if they prefer to not do it.
We also try to stay away from USA for AROS infrastructure as there the most trigger happy suing companies are located. Of course this does not guarantee anything.
What people have to realize is that currently AROS Team is no legal entity, so when a case will be made individuals will be sued; e.g. the people who contributed the disputed code.