That sounds whack, one would think that released 3.1 CBM code and unreleased WIP "3.2 beta" CBM code was pretty much the same, legally.
Who owns rights for the kickstart "3.2" kickstart of the Walker? 
Legally speaking 3.1, and post 3.1 code are two entirely different worlds apart.
As for who owns 3.2 beta kickstart, one thing for sure: it is not Hyperion.