The analysis is clear that it is contrary to the consensus opinion, and there is further discussion refuting it in the comments. It has never been tested in court.
Since the commenters over at Groklaw are much more informed than either of us, and there is much more written than we could ever hope to figure out going back and forth like this, I propose we call a truce.
http://www.groklaw.net/article.php?story=20070114093427179
The analysis is clear that it is contrary to the consensus opinion, and there is further discussion refuting it in the comments. It has never been tested in court.
Since the commenters over at Groklaw are much more informed than either of us, and there is much more written than we could ever hope to figure out going back and forth like this, I propose we call a truce.