Just my humble two cents on this mess: don't jump into the angry mob yelling "BURN GOG!", because if you do, then you will have to go after these ones two:
Dotemu (Dark Fall The Journal
and Dark Fall Lights Out
Amazon (Dark Fall Lights Out
and Dark Fall the Journal
In both cases, the publisher is the same as in GOG: Nordic Games.
On the other hand, you can find that the Dark Fall games are being sold in at least 3 other digital distribution sites, with Iceberg Interactive as the publisher:Green Man Gaming Gamersgate GameFly
Dark fall Lights Out is also being sold here
, but I couldn't figure out who the publisher is in this case.
I'm not very familiar with digital distribution sites, so there might be a lot more out there. This was just a quick search I did.
GOG is one of the best companies in listening to their client base. They care a lot for customer opinions (just an example, Cat Lady, initially rejected by GOG, eventually will be soon added to their catalog, because of fans asking them and campaigning to get the game there). I'm guessing they wouldn't willingly risk getting possible customers against them.
Not only this, but in the past, they have removes games from their catalog, in extremely fast manner (causing customer complains because of that), precisely in situations like this one: publishing rights issues (while other digital distribution sites still kept them available). So they take this kind of things pretty serious.
I'm not aware of the full details of publishing rights, laws, what Boakes might have suffered with previous struggles or what contracts might have been signed, I'm assuming this will be one of hell of a mess to resolve. Hope everything turn's out all right for all of the involved people and we see those games (and the others by Boakes) available in GOG very soon!