Personally, and I need to read more, is that ethically the problem lies with sharing. Is Matt/automattic ethically obliged due compensation? I think not. WP Engine is its own company like automattic. Would it grace WPE if they do compensate with money or resources? Obviously, but then you might also want to put them in the foundation oversee committee if they do half of the work.
The law, I have no idea in what direction this is going to go!
The law, I have no idea in what direction this is going to go!