Whichever way you look at it, having read the posting Bernie made, you cannot lay the blame on Amiga Inc for defending their intelluctual property rights. It would seem that from Bernie's statement that he was under the impression the distribution of Amithalon/Amiga OS XL was cleared with AI (a point he repeats many times), and that after receiving the email from AI, he had clarified with H+P that this was indeed not the case. As such he asked for distribution of Amithalon to cease, which so far has been ignored. Therefore, the problem lies with H+P and not AI.
To start making it into an Aminthalon vs OS4 war is silly, just as some of the comments like "I won't be spending a cent on blah blah blah". Those people making those comments obviously didn't pay too much attention to what Bernie said. It is simply an intelluctual property problem, and once resolved, legal sale of Amithalon/AmigaOS XL would resume.