Recently Genesi said that AmigaDE is the bundled application with AmigaOS, therefore because they got AmigaDE, they should get AmigaOS.
In the latest court docs Genesi complained that AmigaDE, which was mentioned as an Operating System in the contract has become in the latest file by Amiga Inc 'not an OS and never was'.
So I think your argument which claims that Genesi considers AmigaDE as an application is flawed.