An excellent point, and probably a very realistic version of alternative reality.
The ethical gray zone is entered when he plainly spells out his intent with publishing the constraints in an editorial is to give the constraints an official reference while avoiding scrutiny (and the need for validation/references). He
clearly never lied about their validity (the language in the RTOG 0236 protocol is imbued with authority but makes no mention of validity; the published table explicitly calls them "mostly unvalidated").
If you read the passage from the 2008 editorial about the table, he is again clear about his constraints:
View attachment 346967
Based on my understanding of the timeline, by 2008 there should have been enough observational data and mathematical models to publish them in a traditionally peer-reviewed manner, yes? It might not have been in a journal with a Nature-level Impact Factor, but still.
Sitting here on December 17th, 2021, do I think Timmerman's decisions were "good", in the sense that they produced a good outcome? Yes, of course, and I think everyone else should think that too. I wish we had 100 clones of him. He explicitly states his constraints are not validated by long term follow-up, and he hopes they will be replaced by constraints which are actually valid. To
@sueyom's point, I would consider myself in alliance with Timmerman and everything he's done.
It is because I admire Dr Timmerman and his work that I find myself disquieted with my own answer to that question. Because if you abstract out actions with stated intent, you are left with:
"A physician believed he was right but did not feel he could support his belief with the scientific method, so he exploited the academic system to publish something which he could subsequently reference to add authority to future work."
He literally writes "who says cheaters never win" in the editorial.
If you then abstract out the consequence of that, you're left with "A physician publishes his beliefs not supported by the scientific method in a way that other physicians could use to treat their own patients".
I don't think there's a real answer here. In a vacuum, it appears unethical. In the context of reality and history, we're (as a species) better off because of his actions, which you can't really say about many people, living or historical.
I would use this scenario as a medical school interview question, just to see what people would say.