If a company's survival is threatened by people using its open-source software, then maybe it shouldn't be open source. Open source software (to me) says I should be able use the software for any purpose, including commercial ones.
It's not that the company shouldn't have the code as open source. The company shouldn't exist in the first place and we're all suffering for it.
[1] aptly named if you think about the nuclear power analogy :)
I don't think the jury is out. If you look at nginx, you won't see a lot of complains over nginx plus. The nginx brand still has a lot of goodwill and a few open source projects seem to be peacefully building upon it without any issue.