I personally would rather have the code be based on ACS 3.4.10 rather than ACES. However, I also like the idea of having Malte et al involved in this.
We could always assign it a new name, like ClosedACS 3.5 :)
Or Classic ACS 3.5 If we make the official name a little different, will the copyright matter?
How many ACS developers are out there? How many ACES developers are out there? And how many want to play ball with us?