Yeah that's the (public) policy, but there's nothing stopping them from saying "we're Google, we have a literal army of lawyers at our disposal, and you can't prove shit. Even if you could prove shit, we would find a way to keep doing what we're doing through some loophole that you can't afford to fight us on"
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R has the same problems as far as I'm aware, though it doesn't form the core of a lot of modern CI of course!