Especially given that a popular open source project recently tried to do exactly that.

https://github.com/chardet/chardet/issues/327

I really got fooled here for a second, but the unfortunate reality is that people will try this soon, and someone will have to litigate this, if open source is to survive, which will take years and millions of dollars to resolve

Not just "tried"; the current state is that they've done so and are ignoring people telling them they cannot. The "destroy as an example to others" phase hasn't finished yet, but hopefully they'll get sufficient backlash from the projects they supposedly did this to work with to deter future attempts. e.g. they supposedly did this in order to make it part of the Python standard library, so hopefully the response from Python is a massive WTF and "nope".