Re: Groklaw wrote about this a decade ago
"Of course that is just one legal opinion in one country."
Excellent link. Thanks. It is notable that the argument turns on the issue of the public good, since the historic justification for granting any IP rights at all is that society grants these to creatives in exchange for a net benefit to society from created works, so any interpretation of IP law that acts contrary to the public interest is questionable. It may be a badly framed law and the interpretation may be true to the letter of it, but it cannot be assumed that it was the intention of the lawmakers when they wrote it.