In conclusion, Amiga, Inc. is the one pulling the strings. They're never going to open-source 3.1, as they can still profit off of it through Hyperion and Cloanto.
Amiga Inc can't make a penny from Hyperion since all the licenses granted to Hyperion in the settlement agreement are royalty free. I don't know what Cloanto's arrangement is and whether Amiga Inc can collect royalties from them. For the OS to become open source it would require an agreement between Amiga Inc and Hyperion, and possibly Cloanto too.
Amiga Anywhere/DE was Fleecy's idea and not McBill's. The idea of the same code running on different CPU architectures without recompilation was ProDAD's intention with p.OS. I wonder if Fleecy ever contacted ProDAD since p.OS was actually intended as a standalone OS compared to TAO's Intent which was simply a media layer. I seem to recall that either Thomas or Hans-Jörg had told Amiga Inc that Intent was totally unsuitable to be used as a standalone OS.
