Not a stupid question at all. There is infact a court case ongoing trying to determine that... Although, most people have a clear and definitive preference...
I don't think it's nearly that simple. As with most things in the Amiga community, I'll bet it's 50/50 vote there on who the community wants to win.
The funny thing is, there's at least 30% of the community still convinced that Gateway still technically owns everything. Per McEwen's own words in a meeting with the UGN reps at St Louis, they "licensed" the patents and all that.
In the end, we can all armchair quarterback it to death but the truth is that it's for he courts to decide, and since the records were sealed, I'm guessing we will never know for sure.
It is however interesting to note that even with the case going on (or over?) Hyperion is still hocking 4.x...
Wayne