Comment by univalence

They explicitly offered to do that, and also suggested 3 other solutions to address his concern, and he shot all suggestions down with what amounted to "I already told you what I want: Don't repackage my code."

The only entitlement form the nixos devs has been using a right which Frenck explicitly chose to provide when licensing his software.

In the end, the will have to fork it, and probably maintain a fork of HM, since he is relicensing it to disallow repackaging.