Unfortuntely it might be harder than you think... suppose you use some longest
common subsequence algorithm (several exist and an O(N^2log(n)) alogirthm is
known). One would also have to show that the byte for byte indentical code was
not generated independently, which would not constitute copyright
violation---just as a word for word indentical novel independly generated on
pure woodsmoke is not coptright violation.
In any event M$ would win by financial means---even if they are legally
definitely in the wrong, by appealing enough to bankrupt the opposition.
Whether have managed that in the M$ vs. the DoJ I do not know (this startegy
is much harder to use aginst something as well funded as the DoJ).
--
Duncan (-:
"software industry, the: unique industry where selling substandard goods is
legal and you can charge extra for fixing the problems."
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