"Within the framework of the settlement agreement Hyperion is granted an exclusive, perpetual, worldwide right to AmigaOS 3.1 in order to use, develop, modify, commercialize, distribute and market AmigaOS 4.x (and subsequent versions of AmigaOS including without limitation AmigaOS 5) in any form, on any medium and for any current or future hardware platform under the exclusive trademark “AmigaOS” (Amiga operating system) and using other associated trademarks (such as the “BoingBall” logo)."
Well if that doesn't say that Hyperion can do what it likes with AmigaOS 3.1, Amiga OS 4, 5, 6, 7 etc etc now and in the future I don't know what does. Say it any way you want, Hyperion won. Whether that will amount to anything for the users remains to be seen.
Because AI still retains ownership, it licensed it to Hyperion. Now that Hyperion changed it's legal status from VOF to CVBA, you have to wonder if AI/Itec, or it's owners, are now apart of Hyperion. I would guess that the major Devs who are owed money are also share owners. Time will tell.