Howdy - so at the time of the ledger fork, the Foundation was running all 5 of the validating nodes and there were other parties not associated with us that were running non-validating nodes.

We do not have the ability nor do we want the ability to control other people's nodes.

Since Stellar only launched 4 months ago, the number nodes in the network was still small. In the future, when the network is on the new consensus system and able to run safely in a truly decentralized, then it would be up to individual nodes to decide what to do.

Hope that clarifies things.