Earlier quoted context omitted.
While I can appreciate the predicament this presents, do you not feel like you are going against the wishes of the original author by essentially overtaking him and publishing his code against his will?
Well the code was open sourced. Isn't that sort of the point of open source?
Someone was nice enough to write some software, that is clearly indispensable. They were nice enough to not charge money for it. They were nice enough to support it, again free of cost. They were also nice enough to open source it, such that if it ever became more convenient for you to fork/change/do whatever you want with, that you would be able to.
And when that same person is being bullied (regardless of legalities) and instead of building them up, helping them fight against their bullies, you decided to shrug your shoulders, go against their wishes, exploit the fact that its open source, and when asked if you felt bad about it, responded: (paraphrased) "Well... technically..."
On the one hand: Really? You don't even feel bad about it? Do you not see that it is machiavellian? You don't even care enough to use the age old "better of two evils"/"end justifies the means"/etc arguments? Bold.
On the other hand: Kudos! I don't think I would be able to pull it off like you do.