This is exactly why people/companies employ `cleen room designs' so that there will be no copyright/patent/whatever infrigment. That is, someone uses the work, then writes a review about it, a lawyer examines it to make it sure it doesn't contain any bits from the original work, and then this review is passed to a third-party (a party that has no connection to the ones who wrote the review) to implement it. A classic example is the IBM BIOS.
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