> But apparently infringers are using this line of argument. So how? Is it not absurd? You realise that they haven’t actually used that line of argument, right

> But apparently infringers are using this line of argument. So how? Is it not absurd? You realise that they haven’t actually used that line of argument, right? The article author speculated that it might be part of the defence and then said they didn’t find it compelling. Set up a straw man and then knocked it down in virtually the same breath. Don’t waste your time complaining about legal arguments that have not been made except in the imagination of one author.