The code's status as "an innocent and inconsequential instance of copying in the context of a massive number of lines of code," and its removal after its histor

The code's status as "an innocent and inconsequential instance of copying in the context of a massive number of lines of code," and its removal after its history came to light, were noted by the judge in the ruling I cited. I'm sorry if that wasn't clear. The fact that it's in the ruling is important: Since Alsup articulated these circumstances as judicial findings in the official case record, they will definitely receive strong consideration in an appeal. (At least in the US, appeals courts can only consider findings of fact that have been found by a judge or jury in a lower court.)