New BK License Problem?

Greetings all,

I noticed Larry recently changed the license on bk.  Once clause in 
particular struck me and I thought I'd better point it out for your 
reactions...

Specifically from Section 3:

        (d)  Notwithstanding any other terms in this License, this
             License is not available to You if  You  and/or  your
             employer  develop,  produce,  sell,  and/or  resell a
             product which contains substantially similar capabil-
             ities  of  the BitKeeper Software, or, in the reason-
             able opinion of BitMover, competes with the BitKeeper
             Software.

Doesn't this affect maintainers all across the map that work for 
distros such as RedHat, SuSE, Connectiva, etc?  Obviously these distros 
SELL as part of their respective products CVS and similar tools. Or 
even non-distro open source shops, you even resell CVS or the like in 
some way and you'd be in trouble.

While I am all for Larry having a profitable business, this would seem 
to be a change which is not Open Source developer friendly.

Regards,

Tom