Mainstream doesn't care about the free availability of 1.3 roms, enthusiasts do and a new computer is advertised for mainstream that's my point. We all already have an opinion about A1+Os4, availability of kick1.3 won't change our ideas.
And if KMOS wants to use kick 1.3 in a hardware product, we can't blame them, at least they'll be the only company in years that will have USED the kick 1.3 rom. What if they make it free and let's say, nokia uses it instead? ( "freedom" can surely be detailed in the user agreement but you get the idea)