Yeah; McEwen got his money-tap turned off ages ago, didn't he?  When Petti Kouri died?  I doubt he could mount much of an offense against anyone doing anything with OS3.1 at this point.  That's even assuming he ever had paper rights to it anyway which I doubt.
 As far as I understand, Cloanto own the 68k OS now not Amiga Inc.  Perhaps Amiga Inc leaked it out of spite? Lol