I seriously doubt that courts would side with someone who tricks people into downloading code with a different license.
Especially since changing the license of a project from MIT to AGPL doesn't suddenly revoke your rights that you had under the MIT license -- only new code would be affected by the license change.
Yes the solution would be to fork off at the last MIT/Apache licensed version. I’m no lawyer either and would actually be interested in seeing the court case play out.
Especially since changing the license of a project from MIT to AGPL doesn't suddenly revoke your rights that you had under the MIT license -- only new code would be affected by the license change.