I think I'm saying the opposite on point 3. He has no _obligation_ to us and has full rights to 'take away' as he sees fit, but we still have the right to give our opinion about that process, and to make comparisons and contrasts with other similar products that are run differently

If you think somehow publishing FOSS means you get some right to decide how people use it, or anything besides the licensing of the code, you severely misunderstand what exactly FOSS is about.

If you don't like it, don't release software under that license.