Barry has stated quite clearly he has no interest in using AROS or AmigaOS or anything like it as he wants to bring the brands Commodore and Amiga back to the mainstream - which we all know he can't do with those OSes as they just don't have the software base.
Hyperion is irrelevant here (except for being used as a scapegoat) - if there was no lawsuit, there is still 0% chance he'd use AROS in place of Linux, he basically says as much in his answers.
He stated quite clear that he has a business to run, and that AROS isn't ready for prime time, he's he really to blame? The thing is, if you want to blame someone blame Hyperion for that ridiculous clause. I wonder if the reason OS4 is approaching world domination by the day is due to it, I wonder how they would be if it wasn't for it.