Re: Bus factor
The point is that the new code can't be... It would need to be redeveloped from scratch.
He's forked at the point where he has added a rather useful feature set (and presumably put quite a bit of work into it). The whole point is that the organisations profiting from his work don't want to spend the money doing the development or provide any remuneration for that work.
So it's gone closed, and therefore the new feature set cannot be picked up by anyone else.
Yes - it does depend on whether the code has been placed in escrow... If I were a large organisation I might well insist on that as part of the license.