Which is why these projects overwhelmingly flame out. The engineer figures there can't be much harm from a business type trying to design a business around their project, as they assume the project philosophy will remain unaffected. Meanwhile the business type is excited about having a new in-demand raw material to which they can add inefficiency to derive a revenue stream. The engineer figures they own the code, so whatever games the business monkey plays, they can only end up back in the same spot. Meanwhile the business type is busy conjuring and documenting bureaucracy like corporate structure and implicit contracts with which to seize power over the raw resource (the project) if the coder doesn't submit to his "real world" supervision.
It's likely that the engineer could prevail and end up owning the code, but only after an expensive and draining legal battle - it's simply easier to move on to productive non-zero-sum things. Meanwhile the business type is all too willing to fight said battle, as investing real money into paperwork games was basically their entire operation all along.
IMHO the real shame in this case was licensing the code base something other than GPL. GPL would have made continued use unambiguous even in the presence of ambiguous ownership.