Sure, but you can easily have multiple url’s pointing at the same bungee proxy, and disambiguate based on connecting hostname.
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True. I, however, have yet to see this in practice, and do not thus know what Mojang’s typical reaction is.
Indeed, but it is a possibility - and with the EULA’s… vague definitions that are not made in the context of modded servers, harder to ascertain one or the other.