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What you argue is a non-sequitur and regardless of case law really makes no sense when the spirit of the action is to replicate something. Reasonable people would say that replicating and disseminating code with the express purpose of avoiding copyright is a violation of copyright and why it exists in the first place.

Just because something is trivial enough to copy does not mean it was trivial to conceive of and codify. Mens rea really does matter when we are talking about defrauding intellectual property holders and stealing their opportunity.

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"Reasonable people would say that replicating and disseminating code with the express purpose of avoiding copyright is a violation of copyright and why it exists in the first place."

But then how can the FSF reimplement AT&T utilities? The FSF didn't invent grep. They wrote a new version of it from scratch under a different license.

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