I wouldn't bet on that, some Linux Foundation hosted projects like Zephyr, not only don't have anything to do with Linux, they are under licenses that are quite business friendly as well.

So yeah, one can always fork the last available version, if it then survives to the extent that actually matters beyond hobby coding is seldom the case.

How many Open Solaris forks are actually relevant outside the company that owns those forks?

Also IBM, Microsoft, Oracle,.... and others that HN loves to hate are already members.