> Virtually everyone agrees that a human learning from reading code doesn't violate copyright (by somehow copying the knowledge into one's brain), because the human brain is some kind of copyright laundering machine, maybe? I don't really know whether there is any argument for that apart that can't be reduced to an appeal to common sense.
However, note the case law example of the NEC V20 which found in NEC's favor:
> While NEC themselves did not follow a strict clean room approach in the development of their clone's microcode, during the trial, they hired an independent contractor who was only given access to specifications but ended up writing code that had certain similarities to both NEC's and Intel's code. From this evidence, the judge concluded that similarity in certain routines was a matter of functional constraints resulting from the compatibility requirements, and thus were likely free of a creative element.
This isn't really agreed on at all. See https://en.wikipedia.org/wiki/Clean_room_design which wouldn't exist if it was agreed on.
However, note the case law example of the NEC V20 which found in NEC's favor:
> While NEC themselves did not follow a strict clean room approach in the development of their clone's microcode, during the trial, they hired an independent contractor who was only given access to specifications but ended up writing code that had certain similarities to both NEC's and Intel's code. From this evidence, the judge concluded that similarity in certain routines was a matter of functional constraints resulting from the compatibility requirements, and thus were likely free of a creative element.