My stance on this particular matter is that he has done everything short of open sourcing this game, up to and including giving his blessing to several knockoff

My stance on this particular matter is that he has done everything short of open sourcing this game, up to and including giving his blessing to several knockoffs. 100M+ people have the original game, and that game is still generating substantial revenue for him. Everyone that already had the game when he pulled it is likely sticking to playing the original. I'm not making a Flappy Bird clone, but I think that those who are probably aren't going to be facing any lawsuits. That's all I said.