That's the thing. None of this is remotely settled, the legal system is still figuring out what the book says. Various courts at various levels have affirmed and vacated all sorts of decisions. The amount of people overconfidently declaring this is an open book shut book case are living in cloud cuckoo land.

I sure as hell don't know how this will play out, and neither can anyone with any massive degree of certainty. Hacker News opinion-passive-aggressively-stated-as-fact syndrome strikes again.