Lemmik: That "hyperion gets os4 free"(*) clause was total daydreaming from Hermans.. I won't never past Amigainc's banckrupcy judges. If Ainc dies the OS4 right will be sold (or given biggest investors) and neither case It'll be Hyperion who gets hold of OS4 lisences.
IF ... (big if) AmigaInc gets full source of OS4 they can license it whomever they wish. Be it ack, sony or whoever seems to be like good idea. Heck even Genesi might get one since they have shown interest on running OS4 on their hardware. :-D
And even if they didn't made any hw lisensce deal, situatuon would not be any worse than it is at this moment. OS4 has (ans will be) halted unless one side gives up.
(*) In theory there could have been (years ago) point for Amiga incs insolvecy case, unfortunately Hyperion should have attacked while Ainc was weak. Today it looks like AmigaInc can afford lawers and with then (and lawsuit held in Usa) they are having good chance on boiling Hyperion for good.