Hypothetically, what is to stop Amiga Inc releasing the OS 3.1 source code under a GPL or similar license?
As a 20 year old operating system surely it no longer has any commercial value. I believe Hyperion owns the rights to OS4.0+ but Amiga Inc still has 3.1 so could do it if they wanted to.
If they could legally do it, would any amount of pressure from the community persuade them I wonder. I guess its doubtful as they are too busy licensing the brand to consumer electronics companies.