Now consider this: If Suse and Red Hat had invested in OpenOffice.org but one that wasn't burdened by Sun's restrictions, all the energy we see around libreoffice.org, we might have seen a decade back. Governance matters to any large open source project and one that is frequently overlooked till there is substantial damage already done. This isn't limited to legal restrictions (Ex: Xfree86) but one important piece is whether the governance model, allows multiple commercial vendors to participate without ceding control to one company. Projects that are neutral (Linux Kernel, OpenStack) generally do much better than projects that don't (Hudson) in attracting such contributions. There are some limited exceptions (OpenJDK is not doing too bad despite Oracle's lawsuits) but in almost all such cases, having a non-profit foundation at the center helps.