[cmsj]

Indeed. This headline is entirely misleading. TM2 is being developed under the GPLv3, that means it is not only Open Source, but it is fully Free Software.

The author (or indeed anyone else) may choose to sell binaries, but they cannot include any of the code supplied by other developers under the GPL, unless they also distribute the source.

As the original copyright holders they are entitled to do whatever they like with their code, including releasing derived versions that are not licensed under the GPL v3.

You could make an argument that whatever the final TextMate2 product is, it won't truly be Free Software because there will be differences (however slight) from the code that is available under GPL v3, but as with the Internet, Free Software routes around damage - they can't ever take away the code we have, if they decide to do things we don't like, we can just carry on without them :)

[ibotty]

not unless they accepted code from somebody else w/o a copyright assignment.

they accepted code from many persons. i don't think everyone works for them.