They died by the EULA. The judge even brought that up.
And open source software has an EULA of its own, telling you exactlly what you can and must do to be able to use the software.
Any failure to follow the EULA/GPL allows the owner of the open source software the ability to pull your rights to use the software.
Trading a black box for a grey one really is not close to what you are describing.
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