Earlier quoted context omitted.
I agree they Should be culpable, but whether or not they Would is the decision that is actually above our paygrade.
Wrong. There is no "should be vs. would be" dance here. It's spelled out in black and white in your employee agreement.
EDIT - I also wouldn't expect something as flimsy as a piece of paper to actually protect me my the likes of Steve Kalanick. He seems like the type to screw anyone over if he can gain from it. If I were those programmers I would get a laywer no matter what any agreement said.
For the future, please consider that starting a post with "Wrong" is not polite and not conducive to meaningful discussion. It also doesn't make you any more or less correct.