@Argo
I agree that if Amiga wants anything, then they need to negotiate. Hyperion holds the key (the code) which provides them with quite a bit of leverage. And if people start ordering OS4.1 and the SAM, then that, I think, increases Hyperion's leverage.
I recently viewed a 2007 CeBIT video (I'm behind) of the Commodore booth in Europe. The products that the new Commodore has now should be what Amiga, Inc had by this time.
The ArsTechnica article indicated that if Amiga went bankrupt, then Hyperion gets it all. I guess the entire case hinges on whether or not the Amiga "buyout" would or would not be considered bankruptcy.