My understanding is that most of the Rybka forum support is essentially predicated on "Might makes right", that is, Elo is all that matters [except when IPPOLIT/Houdini are involved, naturally]. Having a Rybka team member dismiss the signers of the open letter as "runners-up at best" cannot bode well for an amicable resolution.Hopefully, the investigation will make a positive, theres indeed alot of material against Rybka, the funny thing is the attitude of its supporters in the Rybka forum.
For the ICGA process, that sanctioning body has made it quite clear (in both this and previous cases) that mere strength cannot dispense with the need for originality -- in particular, the re-use of code of others has never been permitted without permission. For the FSF lawsuit, the issue again is not "strength" per se, but the exclusive adaptation right of the copyright owner (see my other post).