Originally Posted by Olaf Barthel
Both Cloanto and Hyperion only have licenses to use certain material, but the licenser alone can contribute historic code to the Computer History Museum.
Hyperion is only a licensee, but some copyrights were apparently transferred to Cloanto ("As the holders of the Commodore/Amiga copyrights [...]"
). If Cloanto owns the copyright to the source code for Amiga OS 3.1 and earlier, they're the ones who can open source it, assuming it doesn't violate existing contracts, e.g. with Hyperion. That's where lawyers come in.