IANAL, and I've never been in that position, but I would use a different language in rewriting. If you rewrite in the same language, a lot of your functions wil

IANAL, and I've never been in that position, but I would use a different language in rewriting. If you rewrite in the same language, a lot of your functions will look very similar, and that similarity might be enough to burn you. Changing languages, on the other hand, will enforce significant difference on your approach to the problem, and possibly improve it. (I have no idea how this would play out in court.) If nothing else, it's an excuse to learn a new language.