Considering forking, I recall it was Ned or Dan who wanted to keep the source code non-open source with a proprietary licensing scheme. Many, me included voiced our concerns that it might bite them or the community in the ass eventually, as it basically removes the option of 3rd party forks.
Not sure what the situation is now though.
(Edit: I checked from Wikipedia, and it seems like the software license as for now is the Open Source MIT License. So forks are still possible, until they revoke the license. GPL would've been better, since it is unrevokable, and protects the software.)