Yeah, when I said "carrying on the same way" that's not quite what I meant!
Having said that, whilst I personally think the situation relating to ROL and the Iyonix is crazy at best (damaging ROL as much as anyone else) and have complete sympathy with Select subscribers, I nonetheless personally don't think that open sourcing would necesarilly make ROL redundant. After all, STD could have gone to Castle rather than ROL anyway. Presumably ROL brought expertise that STD valued?
If making RO open source damaged ROL, then I imagine it would never happen at all, since it would just result in yet more potential legal action. That would not be good.