Comment by Dylan16807
6 hours ago
When you say "case" does that mean you're rejecting the evidence of Phoenix technologies not getting sued along with all the other BIOS clones?
6 hours ago
When you say "case" does that mean you're rejecting the evidence of Phoenix technologies not getting sued along with all the other BIOS clones?
Absence of evidence isn't evidence of absence. "Not getting sued" doesn't validate a legal theory - legal theories are validated in court where they become case law. Until then, they are plainly speculative.
This "clean room RE" fabrication is also not something so obviously compelling that nobody would ever attempt to challenge it - it's just that nobody has cared to put dollars behind it. IP provenance cases are enormously difficult to prove and are almost always settled ahead of trial. This concept is software engineer folklore more than anything.
Saying you won't believe it's effective at all until someone sues and loses isn't the most compelling argument. If nobody sues then yes that is some evidence of effectiveness. It's not an absence of evidence, you're misusing that line.