[berns]

I think they still own the trademark. So even if anyone can fork node.js they can't use the name.

[bdcravens]

Had the projects not merged back, I'm sure io.js would have gained significant ground, so I don't think this is that big of a deal.

[vacri]

It's already been successfully forked once, under 'io.js', when a group of developers were frustrated at the slow pace of Joyent's custodianship. io.js came back to node.js after politicking.