Hyperion own the rights to develope future versions of AmigaOS 4 and above. Whatever Commodore USA is releasing is not AmigaOS.
This is only what Amiga Inc. and Hyperion have agreed to should be the conduct between their companies after battling in court.
A legal clarification concerning if the rights actually were Amiga Inc:s to hand out from the start and how and to whom the Amiga rights got transferred, if it actually got transfered at all, is something that I suspect neither Amiga Inc nor Hyperion would like to happen.
Here is some research on the subject:
http://sites.google.com/site/freeamiga/
