ApolloOS is highly illegal from a legal point of view
To find copyright owners and get approval, examine documentations regarding distribution and so on is a lot of work. That is expecially true for former commercial software. I would estimate at least 40% of time is needed for that. To say I do not give a %&$#?@!%&$#?@!%&$#?@!%&$#?@! on laws and simply ignore it saves a lot of time. Cinema4D f.e. what was included is still sold and not abandonware (of course not for amiga and reprogrammed not based on the old sources). So team members should not promote ApolloOS in public to not make them attackable in a legal sense. Vampire is if you look how many devices are sold something commercial so rules and laws have to be accepted. How much profit you do with it is not important.
That last two sentences are probably the most important parts to have in mind.
If you sell something and take advantage of other people's work the law will not be benign or light regarding your doings. If you are doing it without any commercial intent, you will probably get a cease or desist first and can get away stopping those activities without any hard consequences.
On the other hand, some Team members saying that they couldnt contact any of the parties that have rights regarding 3.9 is a blatant lie: Thomas Richter, as an example, is easily available, and recently got back the rights of his contributions to AmigaOS 3.9 (BenchTrash, IOTools, VinCed, etc), so he is one that can be asked for those particular rights. Has anyone of the Team asked him? If he wanted he can probably sue them with a degree of success. So I wouldnt be trying to seek his anger, as it would be a very dumb move. Furthermore, remember AmigaOS 3.9 still has many 3.1 components so both Hyperion and Cloanto could probably sue them too if they wanted.
AmigaOS 3.9 is a mess regarding rights, because there are many entities involved that have different rights, many can be contacted, and many not. Distributing it for commercial purposes, is putting yourself in bad spot because any of those entities can potentially sue you, and they are so many.