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They have the right to use the open protocol, just as anybody else to build their own instance. Trying to keep Facebook out only through banning of known instances/IP addresses is a losing battle of whack-a-mole.
If you really want to stop them from EEE, make a pact to refuse to federate with any instance software stack without the AGPL-3.0 license instead, no Apache, no MIT, not even regular GPL, so they simply can't do the "Extend" bit at all.
What are those licences that you list? Please explain like I'm a non-IT.