They view Thendic(Genesi) as their direct competion. Would you give your product to the competion? Especially, if they believe in the Morphos/AmigaOS IP theft, they may think that DE might get stolen from them.
If one of the actions the judge chooses is to approve the sanctions put forward by Thendic/Genesi's lawyers and as such includes the mentioned handing over of a copy of the source code of DE to Genesi to port. Amiga, Inc. could loose control over DE.
What's going to happen?
Don't know. We'll have to break out the chips and dip till the next exciting episode of release documents comes out. Same Amiga Time, Same Amiga Channel.