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> Considering the likelihood of Moonshot being able to collect a judgement for violating these terms in an American court is basically zero

Why? Americans are always yapping how China growth is basically fueled by IP theft, are you saying that it works both ways?

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Overusing a piece of software in violation of a TOS/license agreement is radically different than employing human agents to conduct on-the-ground corporate espionage.
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Most enterprises capable of running that much gear won't take that risk even if it is unenforceable. Oracle has made a great living threatening audits of companies who download its updates.
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Free* market
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Yeah, but only Western companies who might have to defend themselves in court. I have no doubt that pirated copies of Oracle DB and the JDK are frequently used in China.
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That defense won't work in court.
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