Ferrellsl -
If it is true that the H&P license has expired, that the developers are no longer being paid for their contributions and that the dealer is just making potentially illegal copies of OS3.9 then yes, it's dead. Like the parrot.
In that case nobody should be buying OS3.9 as in fact they could be supporting piracy. ;-)
From my point of view, I want to put the money in the hands of someone actually updating the operating system and supporting it going forward. If OS3.9 is not being supported, then it is dead. I wouldn't spend a penny on it.
*IF* Hyperion releases a new version with updates and fixes, and carries on supporting it then that deserves consideration. The developers are some of the "good guys" and have a clue what they are doing. Let's wait and see how it goes.