That is exactly what needs some careful consideration. As a start, two people can write the exact same code independently, therefore having identical code is no

That is exactly what needs some careful consideration. As a start, two people can write the exact same code independently, therefore having identical code is not sufficient. On the other hand I can copy some code and slightly modify it, maybe only the spacing or maybe changing some variable names, and it could reasonably be a license violation, therefore having identical code is also not necessary. Does the code even matter at all? If I start with a copy of some existing code, how much do I have to change it to no longer constitute a license violation? Can I ever reach this point or would the violation already be in the fact that I started with a copy no matter what happens later? Does intention matter? Can I unintentionally violate a license? But I think we don't have to do all the work, I am pretty sure this has already been considered at length by philosophers and jurist.