As I understand it, he personally doesn't have any copyright stake in the source that HTC is violating with. I would like to find someone who does have a stake, and is interested, but most folks that I know in person who hack on the kernel have their code owned by their employer, who is generally unwilling to send HTC a cease and desist. (In fact, often that employer is Google.) If you know someone who has a stake in that code, and who is willing to send a C&D, please let me know!