Is there any point at which AmigaOS4.x could separate itself from the AmigaOS3.x 68k sources and be considered it's own IP, or will it forever be tied to the previous source code it is based on?
Not being a programmer, I don't know all the rules regarding IP rights and if/how they can be transferred, but I agree that the messed up history of the Amiga IP makes it difficult, if not impossible to figure out.
In any case, I doubt that Hyperion is really bankrupt (or that the bankruptcy will not be reversed) and that development will cease for AmigaOS4.x (it can't until I get my free copy of AmigaOS4.2 for my X1000). :lol:
The only way to do it is to hire a new development team that has never seen the source and reverse engineer it. At this point you would be better off starting off with Aros or MorphOS.
As for bankruptcy. As of right now they are bankrupt and waiting to see if their appeal is approved. What we know is they have started opposing the judgement. That however doesn't guarantee that the judgement will be vacated.