I'm not sure it's Tiars that is "losing track" here.
Any play server (Bas has been said it is nothing more than a large test server) is benefiting from a open source project now. If it wasn't for that open source, there would be no other servers. There are already legal questions regarding adding to an open source project and then charging for those additions but the AGPL licensing puts an end to most all of these questions that come into play. Question that could even get the attention of a main IP holder that decides it's a little too much and makes the decision to end all of these servers. TA has to abide with his original agreement with SOE and/or LA and if he doesn't, there's another reason for all these servers to go up in smoke. We don't know the particulars of that agreement but I would imagine that "no profit" or even content that is claimed by ownership and therefore subject to sale, figured prominently. That could include up to, the "selling" of added code, lua files, etc that has been reported, at least to The Answer et al (who holds both the original agreement to allow even the conception of such a project and all rights to SWGEMU development). I can see that trying to claim copyright/ownership/right to sell/profit on any added code as being against that agreement AND against what TA et al is trying to accomplish here and is contractually bound by. And TA/EMU has the only counsel that is retained and knowledgeable of all of these matters.
The case you provide of "Lockhead" has nothing to do with a game emulator that the original work is clearly copyrighted/patented by the original maker. And those already issued copyrights/patents/ownership apply to most ALL of the coding additions that other servers are already using. Just because you add the NGE tre files or the pre-patch 9 boxes to your server doesn't mean that SOE/LA does not hold copyrights/patents/ownership to them already so any such addition can not be claimed as owned due to the fact they already are. People seem to forget that ****** now "owns" all of the content commonly called Star Wars as well. And in the case of someone paying for development for say....., JTL (and I've heard of another server(s) doing this), this is clearly part of the "roadmap" that SWGEMU is using and they could use that information as well and is already clearly owned by others. And if you only share it with SWGEMU, it will become open source anyway just as soon as it is released upon their test server. If community developers are "deterred" by having their work as open source then they're clearly working on the wrong project now. Besides that, I do not see any deterrent with ANY of the developers at SWGEMU. Perhaps we should ask them if open source is keeping them from all the work they are completing here.
The main objective, as I read what SWGEMU has said here, is a total NON-PROFIT situation ("free for all....") and if another so-called "server owner" is attempting to claim profit/ownership from something related to Star Wars Galaxies then they already have a lot more problems other than SWGEMU and/or TA. All "server-owners" should remember this even after the open source SWGEMU project is completed and the AGPL licensing that is coming now into effect, is lifted. And I would imagine that if "profits" get out of hand after 1.0 and Sony or LA does act, all you'll get from this original team is a large "I told you so".