Consider this for a minute.

Imagine if Andrew Heighway had instigated this kind of EULA before shipping out the first lot of Alien machines. Imagine if the community had been legally prohibited from creating the fixes and workarounds that enabled them to see and play the machine at its best. If there hadn't been this level of community support to help put things right with those early games, do you think there'd be any interest now in the machine getting a second life? You think the collector's market wouldn't be hit hard, more reluctant to buy rare games that they might have no legal right to tinker with in the future, even if they did work perfectly now?

An extreme example, but I hope one that illustrates how short-sighted this could be.