The difference is that Hyperion could potentially gain thousands of new customers by releasing the (already existing) Mac port of OS4..
I don't think "they" could because Moana is owned and copyrighted by one of the ACube (former? present?) employees ...
They would have to make their own or pay him for what he's done I guess ...
Whole Moana scandal just seems like a silly game to me really , laptop got stolen , it got released etc ...
Reasons why AOS 4 won't be ported to Mac are known only to Ben and possibly Bill McEwen and they are not legal in their nature because if you have a legal problem in a case like this there is always a legal workaround to solve it and Ben would find it in a heartbeat if he wanted to ...