I see something else in this whole story as well.
To my way of thinking the 'profitable' vs 'more un-profitable' seems pretty crucial...its like digital vs analog legal clauses. Clauses that shift the investment risk dramatically since it defines the terms by which the company can change the contract. So it looks pretty material to my non-lawyer eyes.
That being said, if someone, for some reason, did change material aspects of the contract outside of official channels (for whatever reason) then it is potentially invalid. That seems like a perfectly valid question to explore.
The question about how long this clause has been undiscovered is pretty much irrelevant IMHO.
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