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On Tue, Sep 17, 2013 at 11:41:14AM -0700, Coda Highland wrote:
> On Tue, Sep 17, 2013 at 11:36 AM, William Ahern
> <> wrote:
> > 2) Insert markers in the code to make sure I could easily prove copying,
> > like an extra space in a protocol response, etc.
> It's a fairly common misconception that this actually matters. It's
> akin to mapmakers intentionally inserting false landmarks. It might
> prove that someone LOOKED at your stuff, but looking isn't legally
> infringing in and of itself.

No, but that kind of evidence is useful for both stages at trial--prima
facia evidence of a claim, as well as material evidence at trial. Proof that
somebody _looked_ at your code is a necessary piece of evidence.

But the point isn't to go to trial, of course, and that kind of red-handed
evidence is worthwhile.