In the current legal environment, that just doesn't happen. In the courts, copyright/patent is like a holy artifact. Unquestionable in its rightousness. They could let it sit for 50 years, and then come back and all they would have to do is scream about the evil "pirates" and the courts would side with them.
This is only true if you have enough time, money, and lawyers to follow through with the action. Amiga doesn't have any of the latter two, so their first one is running out, if it hasn't already.
Copyright "rights" go to the highest bidder. If there's no bidders, it goes to the group with the largest 'stones' and the fewest morals. Looks like that's H&P right now. It sucks, but that's the way it goes. We can only hope it creates enough of a public backlash that it shutters H&P, which is probably immenent, anyhow.