You are blaming the wrong people.
Amiga wanted (wants) to make an open source branch. Cloanto said the same on multiple occasions. I know people who saw settlement drafts with Hyperion, the provision was there. Ask the 3.1.4 developers in the forums.
Hyperion lawyer-owner Ben Hermans, who is an "experienced IT litigator" is the one who keeps blocking it, like he keeps blocking the 2019 acquisition and the transfer of all assets into Amiga Corporation. He even sued his own managing director, Timothy DeGroote, to stop the settlement with the Amiga parties (Amiga/Itec/Amino/Cloanto).
Cloanto is no saint[0]. From where I stand, both sides are trash.
It is a shame that they are still bickering about this historical piece of software, not allowing the community to move on.
Meantime, our Atari friends are enjoying emuTOS + MiNT.