Fully agree, and glad you posted this. Atari has no responsibility to the open source community, and indeed has every reason to push back against this effort. That they're willing to discuss things at all, and that they agree to help support the effort, is frankly astonishing and extremely kind-hearted.
"no responsibility" but they could have chosen not to intentionally hurt them
At the same time, the open source community has absolutely no responsibility to make Atari profits here either. The outcome here is simply that open source is getting screwed over
It isn't kind hearted. Them trying to shut down openttd would lead to a gigantic clusterfuck that would hurt their sales. This is them trying to remove a direct competitor to them releasing a new game as much as possible, without generating community backlash - to maximise profits
These companies are not our friends