I think it has just as much to do with Apple's willingness to threaten a lawsuit over people 'cracking' their hardware for other purposes, and having the money and market power to back it up. Hyperion primarily made its money selling Mac games, remember that they can't kill their primary source of $$, after all....
What seems somewhat clear to me is that unlike AInc, Hyperion actually delivered something, and now, AInc regrets having signed that contract - Ben @ Hyperion, being an attorney, was smart though in not committing his resources to doing the work unless he owned something at the end.
Hopefully one way or another, the amiga whiz-kids out there will figure out a way to take advantage of Hyperion's work by buying a copy and then doing 'whatever' with it while we wait for time to end for AInc to deliver something. I like Bill McE, but actions speak louder than words and Hyperion is the one who has actually done coding and delivered the OS, after all....
amigau
PS - the thought of AOS4 running on an xbox360 is soooo.....unholy...but actually kind funny and would be cool to test, especially if it was more stable....
