Who knows about legal implications? Maybe Hyperion is doomed to release the version for AmigaOne first - and with Eyetech dead in the water they can't release anything at all.
A smart move would've been to take advantage of the Mac platform - not to attack OS X, but to make use of modern hardware without the hassle of having to design it. Now the PPC's dead (in respect of an independent platform) and Hyperion would have to go x86 - no way this is gonna happen.
I've pretty much given up on AOS4. With every year that's spent in 'development' the number of people outside the community that might get interested drops from very small to even smaller. I'm pretty sure whatever future the Amiga has is called AROS.