imho if p96 binaries are being used against the intention of their owners, they can be simply taken down from the net, where they have been made available.
If they are used according to the conditions of the owners, there is no problem. Why hurt many fair users by unfair usage of some.
The problem is really that: You seem to want to build a new Amiga, and Amiga operating system. That's a noble goal, but instead of building it on solid grounds, projects like this one are build on sand. They open up holes, weak points where software and IP owners can attack quite easily.
If you want an independent open Amiga platform, you have to be serious about it and avoid *any* usage of proprietary software. That includes Kickstart, Workbench and P96. Which implies that you have to recreate *everything* yourself.
You cannot simply take a proprietary solution and hope to get away by attaching a "supposed to be open" interface wrapper around a copyrighted closed source code with (weird) licensing conditions attached to it. That's not how it works.
There are two options:
* Either, do everything yourself. Recreate kickstart, P96, workbench. This will "take a little time", but in the end, you've a project that is legally unreachable and something where you can define the direction, the licenses and the goals.
* Or refrain from patching, touching or wrapping proprietary software, and instead try to cooperate with the owners and try to negotiate to get what you want. This may include some payment of money, it may also "take a little time", but in the end, you may also have a solid product on solid grounds.
I personally consider "option b" the more promising one, and I'm not quite as pessimistic as you are in how far such goals can be met, but despite my opinion, "option a" is certainly also possible, and if you believe that this is better option, you should start right away.
What is not possible is to continuously interfere with copyrights and licenses of the owners and rights holders of proprietary software - it's creating a weak spot in the whole architecture and something I really consider a very very bad idea.
"Clean room development" or "cooperate". Take your poison.