Yes, it is following the letter of the law, but the NetBSD people are also free to complain about it.

OpenBSD does the same: they list a bunch of vendors at [1] but they note on [2]:

> In the 10 years since the inception of the OpenSSH project, these companies have contributed not even a dime of thanks in support of the OpenSSH project (despite numerous requests).

1: http://www.openssh.com/users.html 2: http://www.openssh.com/