This isn't new.
People used to do this sort of thing way back at the start of spare-bedroom coding, except it was lawyer-free and we called it Public Domain. Some used to put riders on the PD statement ZIPed in with the application, my favorite being the one that forbade any and all use by The Forces Of Law And Order, including the military.
I suspect that the "sellers out" are just expressing a need to eat, rather than a preference for capitalism. If they could afford it, who wouldn't prefer to write code because it's beautiful, elegant, useful, or plain old cool, instead of sundry ways of rendering people redundant so some pointy-haired fuckwit can trouser a bit more dosh, or patent a rounder wheel?
<fx: Sighs and gets out "The Best of Barry McGuire" single.>