I'm not burying the lede, I am vigorously disagreeing with the point of view, and providing a citation. As always happens in HN when you post the legal source

I'm not burying the lede, I am vigorously disagreeing with the point of view, and providing a citation. As always happens in HN when you post the legal source of a paper, a helpful commenter has posted a link to a grey-market copy. I suggest you read it, then we can have an informed conversation about what you're claiming here, presuming it doesn't change your mind.