The answer to both questions is yes. The talent pool and cost of developer talent is significantly impacted by a company's reputation, including it's activities

The answer to both questions is yes. The talent pool and cost of developer talent is significantly impacted by a company's reputation, including it's activities in the free/open source arena. Also, your question include a false presumption in "buy the talent it needs", every software company seeks to optimize talent/cost, it doesn't simply have a binary "needed quota filled." Perhaps it doesn't affect it enough yet for them to rationally stop their nasty behaviour, and that is a better question.