[fishnchips]

There is an update already:

"Update: Since this article was published, HashiCorp sent OpenTofu a cease-and-desist letter on April 3, 2024, expressing in greater detail the concerns raised in this post. On April 11, 2024, the OpenTofu maintainers responded with a detailed analysis of the claims made about the removed block. Based on these documents, it appears that the OpenTofu community did not misappropriate HashiCorp’s intellectual property."

[cholantesh]

There wasn't at the time the concern was raised, and the author was literally refusing to do so.