Koha community squares off against commercial fork

I would be interesting to me to find out if someone has explored the contract HLT had with Katipo and find out if in fact HLT didn't retain rights to the code. It would appear one of the contract clauses that the code be released as FOSS would imply under the law that HLT retained copyright as a work for hire product.

If it's true that HLT retained copyright they could simply hand it off to the FSF and things could get very interesting as all the companies succeeding Kapito in ownership would appear to have violated those copyrights and ultimately the surviving entity in interest would be liable for those violations. Have any of the original or current Koha Developers explored the contract that originally created Koha to see if HLT retained copyright?