Deal breaker for us too, now in my second org where that's been true.
It's not just that you need a licence now, it's that even if we took it to procurement, until it actually got done we'd be at risk of them turning up with a list of IP addresses and saying "are you going to pay for all of these installs, then?". It's just a stupid position to get into. The Docker of today might not have a record of doing that, but I wouldn't rule out them getting bought by someone like Oracle who absolutely, definitely would.