The "why do we care" part still doesn't make sense. Sorry, Hyperion - AmigaOS 3.1 is used by a completely different part of the market, which still uses 68k and needs far lower hardware requirements.
I could understand the need to protect the code if they were working on AmigaOS 3.2 or something, but 4.1+ is in a different market segment and saying that they're protecting it just because there's part of its code in a new, still-sold product doesn't make sense. Do they fear that someone will take the AOS3.1 sources and make a free, open-source AOS4.x clone?
They're not even making any money from existing AOS3.1 copies being sold, as far as I know.
"It's dead, Jim" - just give the code back to the community and keep developing/selling AOS4.x. That will make everyone happy.