Pardon my skepticism but I don’t believe that’s a realistic threat model. Yea, purely hypothetically that could happen. But realistically, why would someone do that - what’s the point? Especially so it’s severe enough to warrant a serious legal battle that takes more than a few sternly worded DMCA-like emails to hosting providers?
Mind you, if we’re talking about hypotheticals, someone can ship a differently branded or malware-ridden (or idk what else, my imagination runs dry pretty fast here) version of their binary distribution without any source code access just fine, violating licensing all the same. Patching unprotected binaries is pretty easy, frequently much less demanding than building from source. And with all due respect to the good work they’re doing, I highly doubt Orion team needs to buy a Denuvo license, haha.
(And, as I said, it’s not even remotely what they wrote.)
For example:
If it is open source, it will end for in LLMs and will be used in other browser variants (bigger and smaller). Any USP of the code itself will be gone.