Well, before Jason Smith started to try to monetize npm, I would have said nobody. It's open source, right?
After, well, he's the first one to do it, and it's not as though anyone else was in that space. So to me he has a better claim than Nodejitsu.
It's possible that my knowledge is incomplete though so if anyone knows better please correct my misconceptions.
I can't really see Nodejitsu's claim here. Also, why didn't nodejitsu voice their reservations over his use of npm before Jason decided to monetize the project? I feel as though either we don't know the whole story or Nodejitsu is pulling a fast one on the community.
