I know, and I agree, the Atari guys did get control of their platform earlier. However, I think you're missing my point; the reason the Atari guys got hold of their platform earlier is because they saw the benefits of open-source earlier. Amiga fans had this chance around the same time too, when AROS was announced, but largely chose to ignore the opportunity instead. That's the point I'm making.
That's a very valid point, but closed source doesn't normally preclude writing drivers for hardware.
In the Amiga case, writing drivers for any hardware not supported by plain OS3.1 is essentially impossible without some degree of illegality and reverse engineering.
In my experience, this is unique to Amiga derived systems.
AHI and OpenPCI only get you so far and these are our rare examples of how to do closed source mostly right.
I did have to work out how to get the source and permission to distribute OpenPCI because I wanted to create a new backplane with better throughput.
The only reason for that was because OpenPCI supports the Mediator which again doesn't have a public driver SDK.
When/if I distribute an updated OpenPCI, it will have to be a fork that doesn't work with Mediators because I don't agree with their terms.
Anyway, I'm interested in learning more about your hardware project, any chance of some info? What kind of hardware are you trying to build? 
You can guess some of the failures from my comments in this thread, but beyond that I'd rather not comment in case my work-around projects come to fruition.
I've got NO problem with people making money from their OS development, it's hard and they deserve to make some money from their efforts, but they are shooting us all in the foot with their constant locking down of the hardware platform.