OysterRock,
but this time it is a bit different:
the 3.1 OS is officially released by the person programming it. Why it is not released by the company that is paying him for the work is due to speculation only.
The domain “moogmusic.de” is owned by Rudi Linhard. You can vertify this by a whois query. Rudi did the work. And he released it. So it is legal to get his work (= the new OS) from there.
The person who programmed it doesn’t not necessarily have the rights to it. If I work for a company and write some software for them, I might not have any ownership of my work. Anyway, all this is irrelevant now that it has officially been released so let’s all hug!