There's no "meeting of minds" and there's no exchange of value if I simply benchmark a piece of software and then don't use it any further.
This is a bit of a grey zone legally, and steps all over a bunch of consumer protection laws, free speech laws, etc... depending on the jurisdiction.
IMHO governments should explicitly ban these "gag clauses" because it prevents free market competition if customers are not allowed to benchmark software and publish the results.
I fully agree with you that governments should pass laws that restrict the rights of a copyright holder on what they are allowed to control by licensing.
However they haven't, so until they do, you're stuck with the license as is.
As for "meeting of minds" etc and exchange of value, that's irrelevant to the conditions of the license. It's not a contract. It usually starts off with something like "By using this software, you agree to the following terms...".
There's no "meeting of minds" and there's no exchange of value if I simply benchmark a piece of software and then don't use it any further.
This is a bit of a grey zone legally, and steps all over a bunch of consumer protection laws, free speech laws, etc... depending on the jurisdiction.
IMHO governments should explicitly ban these "gag clauses" because it prevents free market competition if customers are not allowed to benchmark software and publish the results.