alt Hacker News> Thing is, they own it.
No, they don't. They own the game data, and the original game engine. They don't own the reimplemented Open Source game engine.
OpenTTD did not have to do anything here. It sounds like they had a very positive interaction with Atari, in which Atari is providing them with some support and collaboration, and in exchange for that, OpenTTD agreed to formalize the requirement for "you need to own the original game data" by having people on game stores purchase the original game through them before getting OpenTTD through them.
That seems like a pretty reasonable approach. It should be held up as a good model for collaboration. But it shouldn't be treated as "they have every right to [demand a] cease and desist".
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They do own it. Any court would likely agree that what OpenTTD does is copy an IP they own. And they'd have the right to C&D it.
Though it's no longer a clone, it literally was a clone when it first started (you were even supposed to supply your own totally legitimately acquired asset packs).
So it'd be pretty much impossible to claim the engine came about as a clean room implementation. And of course, even if maybe they could win a court case (honestly don't think they could) the mere threat of one would likely make openttd quit.