Community fork https://opentofu.org/
"Linux Foundation joins IBM to accelerate the mission of multi-cloud automation and bring the products to a broader audience of users and customers." ;)
So yeah, one can always fork the last available version, if it then survives to the extent that actually matters beyond hobby coding is seldom the case.
How many Open Solaris forks are actually relevant outside the company that owns those forks?
Also IBM, Microsoft, Oracle,.... and others that HN loves to hate are already members.