Yes, a lot of contracts do state something like that. Some jurisdictions make it impossible to impose a no reverse engineering clause. That's really nice to know, but we're talking about a specific situation here.
I fully support a developer who chooses not to accept the BitKeeper license and therefore doesn't use the software, and frankly I suspect Larry would too. It's another matter entirely to accept the license in bad faith as demonstrated in this case. In pretty much any jurisdiction that would qualify as fraud.
There are ways to fight for freedom that don't involve that kind of behavior, and we ought to encourage them and discourage bad practices.
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