The damages causes to the developers are equal to the profits made by the company that took their code and made improvements to it, without sharing it upstream as legally required
OK, cool. Just remember that the only entity who can sue in this situation is Microsoft (because when you contribute code to VS Code, you must sign a CLA that says you give Microsoft full perpetual rights to distribute your code under any license they wish - it is Microsoft who then “graciously” releases your code under a copy left license while also building their proprietary version of VS Code using it).
And Microsoft cannot use the code if it gets released under a copyleft license - that wouldn’t allow them to build their proprietary build with it. So the only one who can do anything has less than zero (because it would improve only the FOSS forks, which are meant to be inferior) interest in making these guys publish the source code as proper FOSS.
The damages causes to the developers are equal to the profits made by the company that took their code and made improvements to it, without sharing it upstream as legally required
OK, cool. Just remember that the only entity who can sue in this situation is Microsoft (because when you contribute code to VS Code, you must sign a CLA that says you give Microsoft full perpetual rights to distribute your code under any license they wish - it is Microsoft who then “graciously” releases your code under a copy left license while also building their proprietary version of VS Code using it).
And Microsoft cannot use the code if it gets released under a copyleft license - that wouldn’t allow them to build their proprietary build with it. So the only one who can do anything has less than zero (because it would improve only the FOSS forks, which are meant to be inferior) interest in making these guys publish the source code as proper FOSS.
OK, so it sounds like anger should he directed at Microsoft here, not the dude that forked it