This assumes that there are no intellectual property encumberances held by the old company, and that the barrier to entry isn't terribly high. And no one with a budget and a deadline is going to wait for one company to go out of business so they can get it cheaper.
It's working just as intended. If one big company points out that another big company is breaking the law and is willing to fight to prove it, I'm all for it.
A project that gets backed to 100% and can deliver on it has a viable business plan. There is nothing stopping people from selling their stuff elsewhere, in fact: that's what they should do.
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