maemo is not a FOSS project. It's is a commercial product with a number of FOSS elements interwoven. Nokia handing out a copy of third party binaries under EULA to people who purchased an N900 does not make it FOSS. They didn't just hand it all out to anyone wanting to run this on their ARM device. If all it took were this action to make something FOSS then MSOffice can be consider FOSS, as it's being "handed out" to those buying MS hardware, like the Surface. Windows8 is FOSS for that matter too, right? You can download drivers and updates for free off their site... all FOSS.
You are free to: Share — copy and redistribute the material in any medium or format Adapt — remix, transform, and build upon the material for any purpose, even commercially. The licensor cannot revoke these freedoms as long as you follow the license terms.
X-Fade was quite concerned when migrating and handing over said auto-builder, since to his knowledge it did contain non-distributables. If those are still in there, and Nokia demands their removal, what do you plan to do? Start them on another server? With what funds? At what hosting site? Do you expect Nokia won't go after someone doing that? How much are you willing to be on that? Just Maemo.org? The Neo900 project? Your flat? Your retirement savings?
Consider the flash plugin, for example. If Adobe found there was a version being distributed from a large static site do you think they would ignore it?
Keeping the lights on for one. The servers and software running on them were donated by Nokia to HiFo to carry on the community.
Their continued operation, without interference from Nokia, has been contingent on closing on-going business with them.
Do you honestly think that if that business is not resolved before HiFo or Nokia "goes away" that Nokia itself won't send a C&D to IPHH within a week? MS wouldn't even need to be involved...