The copyright and license notice is already in the LICENSE file. There
is no justifiable reason to also require that it be included in every
file, since the individual files are not individually distributed except
as part of the entire package.
The test relied on a peculiarity of process.nextTick() that was changed in
commit 4e5fe2d. Before that commit, each nextTick callback corresponded with
the event loop moving forward one tick. That's no longer the case.