Not disagreeing, but I suspect in practice this is what will matter. Would this prosecution really have any legal leg to stand on if they had only created the contract and walked away? It seemed like almost all of what the prosecutors published focused on the side activities, although you're 100% right that somewhere they framed it as "they could have changed it but they didn't". That last part is clearly the most dangerous of all to software developers, but it's hard to believe that that will stand up on its own?