You are correct, I did confuse the old fair use doctrine with the new DMCA.
Nevertheless, if OS 4 ran unmodified on an AmigaONE, even if it is in the MOL environment, rather than directly booting off the harddrive, it is still not a violation of the DMCA in itself.
Hyperion would have to draft an EULA that specifically prohibits it....if they were only, say, as hateful as Apple Inc and stated it must run on Amiga branded or Amiga licenseed hardware, then
OS 4 could run within MOL on an AmigaONE as I stated.
But...you are right, I cited fair use, and fair use is no longer relevant.