I think it's not a fair thing to say. HashiCorp's projects are using MPL 2.0, and please correct me if I'm wrong (IANAL!) it would allow you to create an open source fork of say consul, call it OpenConsul and continue development there. That this hasn't happened yet (or if it did, it never gained any traction) is a testament to HashiCorp being a responsible custodian of its projects and their respective communities.