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Comment on Monit's DMCA takedown notice for Inspeqtorparent

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Imagine a non-technical judge or a random group of people that forms a jury, and imagine asking them if the two written utilities are two different programs. What would the reply be?

inspeqtor would likely argue that the programming language is different and no copying happened, while monit will compare it to a translated book. Which argument will be strongest, and what will be the central question of a lawsuit? Would art, interface, configuration language and API affect the question? Is the Twitter message relevant for the narrative?

I personally think inspeqtor has a decent defense since technically, no copying of bytes has happened. That said, legal theory is not so clean cut and context always matters.

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