If by "pathology" you mean "we optimize for the comfort of the people already actively engaged in the project instead of hypothetical future contributors", I don't think this argument is as strong as you think it is.
If anything, this kind of excessive legal and process red tape is much more common in enterprise-driven vs. community-driven open source projects.
If anything, this kind of excessive legal and process red tape is much more common in enterprise-driven vs. community-driven open source projects.