I agree in general, but there's still a problem with encouraging people for decades to build businesses around a version of WP hardcoded to .org, not letting them "phone home," not making clear that they were building on a private company instead of a foundation with a clear mission statement, and then pulling the rug without notice. I don't think all of those steps would be legal, either.

The other lasting problem is that he completely destroyed the foundation’s credibility as an independent organization. I don’t see it retaining non-profit status unless he and his cronies are completely removed.

It’d make sense for a true non-profit to ask all hosting companies and other high volume users to help fund it, but if it’s not a fully-owned subsidiary of Automattic that’d be everyone, not just when he needs leverage against one company.