This does not matter one bit. Bitkeeper offered the use of a product under a condition, in other words, a license. And it offered the product for free, expecting the license to be honoured. Every open source developer should respect and uphold that agreement, once entered by both sides.

Your personal opinion of the license terms is irrelevant. You respect other people's license, because you want them to follow yours. If developers can not grasp that, how do we expect users to?