I fully expect a WPE-backed fork before anything is in court.
Let this be a lesson to all of us - if you rely on a service provided by another organization external to your organization, get an SLA! Get a contract that guarantees you the provision of services you depend on.
Getting "takers" to pay for SLAs/licences is pretty much what Automattic or whoever's behind WordPress dot org wants.
Even crying foul over WP.org costs is disingenuous though. It's not WPE consuming the resources, it's the sites they host for customers. It'd be like Matt demanding 8% of AWS revenue because so many sites are hosted by them and accessing WP.org resources. Simply collecting the hosting of multiple WP sites under one provider should in no way obligated the provider directly. Either it's a freely accessable resource for WP sites or it's not. It should not be subject to the whims of a single person and used as a tool in their personal crusade.
Given that it's clear that WP.org is not actually a freely available resource, it's imperative that the WP codebase be adjusted to not use that resource anymore.
As I've said in most of my posts on this, I'm not involved in the WP world and have no ties to any party to this debacle.