Again, that no longer the case, at least according to the folks I talked to. There is currently a window of opportunity for exactly that. The reason that Cloanto has problems with Os 3.9 is not because they are not interested. It is more that Cloanto has unfortunately only rights on 3.1, but not on 3.9.
But no, the copyrights are not lost, the sources are not lost, and I really *do* have some hope that it should be possible to renovate 3.9 a bit. What triggered all this was of course the arrival of new hardware.
Whether this will work or not I cannot promise, of course, but it doesn't really look that bad anymore.
I do believe there is indeed a market for something like a renovated 3.9. It certainly shows a lot through interest in both new hardware and AmigaOS custom modifications/hacks that many of Amiga fans and retro hobbyst will be willing to pay for such upgrade.