it is common knowledge that os3.5 and 3.9 patch the kickstart and update it to 3.5 or 3.9 ... so this is no fake. if you have an algor/kickflash/eflash you can store those patches in their boot rom and have the 3.5/3.9 kickstart on 1st boot... or u can do what motorolin said.
any amiga with OS3.5 or OS3.9 will report it has 3.5/3.9 kickstart.
