Looking at the minified code, it's pretty clearly based on the bustabit source code. And it doesn't seem to be in question:
To your point on open sourcing our code. Given all the modifications we made, open sourcing our code will open us to potential software exploits and make us less competitive against those that just copied BaB v1.
and looking at your game-engine in chromes debugger and all the state is largely the same. You're using the same anti-lag algorithm and axis-rendering algorithm. Looking at the network protocol, it's exactly the same as v1. Your code happens to have some of the exact same design errors that bustabit v1 had (which was fixed in v2) and your server exhibits the same timing as the unoptimized v1 server (.e.g. v1 opensource, not running the kungfuck branch).
It's also undeniable that the text (e.g. FAQ) and code used to be a direct copy as well.
I don't think you're acting fairly by taking commercial software, making a bunch of improvements (well done!) and not contributing them back like the license requires (nor paying for a commercial license, that doesn't have that restriction). And the fact you're willing to tarnish your brand to avoid following one of the most reasonable commercial software licensing program that I'm aware of, doesn't give me much optimism for your future.