the threats and blocking attitude against this kind of projects is not likely to have any legal standing. this is just kind of early precaution to demotivate developers before they even get anywhere. we see that kind of behaviour a lot around here, and everybody knows where the flack comes from.
Once again: Nobody stops anyone from selling such a piece of hardware - empty! But once again, too: The kickstart *is* copyrighted software, and to sell the EPROM *with* a kickstart, you need a licence on the software you put in. You may not like that, but it does not make this less valid. You cannot sell copyrighted software (as is, or as part of a hardware) without getting a license.
If the buyer already has Amiga hardware, he may own a license simply because the machine came with one. You may then use *this* kickstart in the EPROM, or any other Kickstart *you own*. But only that.
You can get valid kickstarts, licencensed, from Cloanto, no problem.
Thus, I'm not quite clear what you complain about. If you want to sell such EPROMs, sell them empty. If your buyer needs a kickstart image, forward to Cloanto, they sell them. If you don't want to sell them empty, the best idea I would have is to offer Cloanto a business opportunity.
Hyperion is very likely not interested in upgrading the kickstart for 68K machines, or selling licenses since it conflicts with their business interests, so it's the wrong parter to contact.