I don't think it has actually been "tested" in the true sense here. I believe every known case has either been settled out of court (so the court hasn't even ha

I don't think it has actually been "tested" in the true sense here. I believe every known case has either been settled out of court (so the court hasn't even had a chance to adjudicate), or has been decided based on some other technicality (like unclear authorship/ownership of the original).