Actually Hyperion got AmigaOS and the source code in the lawsuit. It's not a license, Hyperion are the owners.
No, they are certainly *not*, please read the settlement!
The document is actually *overly clear* on this point, it's "the Amiga Parties" (Amiga Inc) who are the sole and undisputed owners of Amiga OS 3.1 ("Grant 1a"), but Hyperion has *the right to use it* ("Grant 1b") much in any way they want, during the duration of the agreement.
In fact, the agreement means in practice that
Hyperion aren't even the sole owners of OS4:Hyperion has built a house (AmigaOS4). They have built it using construction materials that *in major parts* are *loaned* (Amiga OS 3.1). Hyperion actually acknowledge in the settlement that the loaned bricks and planks (Amiga OS 3.1) used to build the OS4 house are indeed owned by Amiga Inc. Amiga Inc acknowledge in the settlement that the house is owned by Hyperion, *except* for the loaned bricks and planks they used to actually build the house, which are still owned by Amiga Inc.
Now, who owns the house?The situation gets even more problematic if you actually consider OS4 to be true derivate work, since there are several unattended ownership/copyright issues surrounding various parts of Amiga OS 3.1. Third party entities (like Cloanto for example) claimed to be co-authors (hence a stake holder) of Amiga OS 3. William S. Hawes is the author of AREXX, which Commodore included in OS 3 without his permission, which Hyperion still does AFAIK. There are others. Heck, even the entire path of transferring of Amiga IP from Commodore, through the previous IP owners, to what's today known as Amiga Inc is dubious:
http://sites.google.com/site/freeamiga/Reading that site raises the question of how much this agreement between Amiga Inc and Hyperion is worth at all? Does Amiga Inc even have the right to make deals with Hyperion regarding the IP in the first place? It might work just fine as long as no old stake holder with his documents in order is opposing it? Like a house built of a deck of cards; it might look like a pretty construction as long as it's left alone. But as soon as someone opens the window on a windy day and let the drag in, it can collapse in an instant.