My point remains that some users would prefer an updated AmigaOS3.9 CD with all of the latest improvements already included...
I would guess Hyperion would need to be involved, as I believe that they own the rights to AmigaOS3.9 (possibly excluding a few parts of it contributed by those same 3rd party developers)
It doesn't look like Hyperion has sufficient rights to do this under the Settlement Agreement between Amiga and Hyperion. The copyright part is a bit vague, leaving it to paragraph (c) of the Grant (1.) section to explain the scope of the agreement, which is what Amiga users always knew it was about, namely developing AmigaOS 4 for the PowerPC:
Solely for the purposes of marketing, distributing and making available AmigaOS 4 and any hardware required or desired to operate with AmigaOS 4...