> Ed’s big claim is that if copyrighted code is unit tests and is not compiled as part of the program then it does not matter. That’s just plain wrong.<p>No, it's not plain wrong, a unit test is not an invention, if you create a unit test that doesn't stop me from using the same test. It can't be used as a basis of billion dollar lawsuits, it's simply not worth that much.<p>The author seems to see everything in black and white, which I feel is not the case.