[bogwog]

This is pretty much exactly why copyright laws came about in the first place. Why bother creating a book, painting, or other work of art if anyone can trivially copy it and sell it without handing you a dime?

I think refusing to publish open source code right now is the safe bet. I know I won't be publishing anything new until this gets definitively resolved, and will only limit myself to contributing to a handful of existing open source projects.