We don't know when it was first published though. If its Cobol code, with dates from the 70s in the comments, that's different to if being JavaScript or some such.
And if you get enough money and lawyers in one place you can create plenty of nuance.
Dragonwriter reminded me of the term, implied licence in another subthread. That clearly seems arguable in this case even if it isn't considered winnable. Case law progresses through winning 'unwinnable' cases.
I think we're approaching this from completely different positions though. I appreciate the what-ifing, exploring the hypotheticals. It isn't as if we have any power to make a difference in a court of law, and I would hope no one is relying on this thread for legal advice.
And if you get enough money and lawyers in one place you can create plenty of nuance.
Dragonwriter reminded me of the term, implied licence in another subthread. That clearly seems arguable in this case even if it isn't considered winnable. Case law progresses through winning 'unwinnable' cases.
I think we're approaching this from completely different positions though. I appreciate the what-ifing, exploring the hypotheticals. It isn't as if we have any power to make a difference in a court of law, and I would hope no one is relying on this thread for legal advice.