My understanding is that Hyperion can't do anything with it unless Amiga Inc. goes bust before they release the final version. Should that happen all rights will default to Hyperion, who can then do something useful with it (I'm hoping that they'v been developing an x86 version alongside the PPC version, a la OSX, which they will release once Amiga Inc. bites the dust. Nothing wrong with a bit of wishful thinking :-) )
Out of interest, what's keeping Amiga Inc. going? They can't be getting any revenue from AmigaOS (with there being no hardware and all), are they really selling enough PDA games to stay afloat?