Google clearly was not willfully infringing: they removed the test
files soon after they identified.
That fact alone doesn't
demonstrate that they were not willfully infringing. I think they made their
case that they weren't willfully infringing by showing how the code slipped in,
but the mere fact that they removed the code doesn't prove anything. They could
have reconsidered and decided that the danger of discovery was too
great.
What I'm really surprised about is that nobody has raised the
issue of scènes à faire. There's really only so many ways you can write a
simple range check. The copied comments are more of a smoking gun than the
code, and the jury seems to have thrown out the other comments. Perhaps de
minimis will make scènes à faire moot.
--- Do not meddle in the
affairs of Wizards, for it makes them soggy and hard to light. [ Reply to This | Parent | # ]
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