Forcing them to release the prisoner (OS4) is a must, if Amiga OS wants to survive.
Yes, because Amiga Inc. has shown so well they want to invest in people to support OS4 (customer support), they want to hire programmers to fix any found bugs and improve the product (4.1 etc). Amiga has shown that OS4 is important to them, is worth their investment, time and energy. I don't know how OS4 could possibly succeed or survive without them. /sarcasm
I'm currently somewhat concerned about OS4's survival regardless of who wins this lawsuit. Is Amiga Inc. capable or genuinly interested in holding OS4 together as a usable and viable OS product if they win, or will it fall apart and become nothing? Is Hyperion legally allowed to do anything with it if they win and Amiga Inc. continues to refuse hardware licenses?