It seems that Hondata's claim to any of the code inside the ECU is tenuous at best. It seems the intent of the lawsuit, particularly after reading of the demands made by Hondata, is to destroy their only competition, which comes from the open-source tuning community. Given that their goal is the destruction of the market, have you considered the nuclear option of contacting American Honda regarding this suit and Hondata's attempts to claim IP ownership of Honda's (modified) copyrighted code? While it might also destroy the open-source tuning scene, it would put a serious burden on Hondata's ability to continue to operate; Thinking about it, since the Honda code isn't encrypted, the open source modification efforts may count as fair use (and prevent DMCA application,) so you'd only be destroying the commercial market for such products.