the spec-first approach is actually the historical clean-room technique, same way Phoenix BIOS was legally written without copyright exposure in the 80s -- one team writes spec from observation, completely separate team codes from spec only, no shared authors. here it's AI doing both passes but in different sessions with no shared context, which approximates the same separation. probably good enough legally but definitely interesting that the same old trick applies.

We'll know once these 51 cases have worked their way through the courts: https://chatgptiseatingtheworld.com/2025/10/08/status-of-all...

The general question is worth asking, but in this particular case, the article says

> Brcmfmac is a Linux driver (ISC licence) for set of FullMAC chips from Broadcom

Prove the new code is similar to the corresponding driver in Linux. If you can then you can get the authors of the latter to file suit against TFA.

A very, very good point