[jahewson]

> And even when said premise is correct for a device, there are cases where the firmware inherently requires copyrighted material (For instance, requiring a (copyrighted) poem in a handshake).

No way! Copyright law does not prevent someone from creating a new work that is designed to be compatible with an old work. Likely outcomes are that the poem would not qualify for copyright protection for that usage (it's not a poem as much as a sequence of arbitrary bytes to be read only by a computer), or that a fair use finding would be made, perhaps on the grounds that the copy does not affect the market for the original work - i.e. nobody was paying for the poem. Most likely a judge would just throw out the entire case at the start as a waste of the court's time.

[TheLoneWolfling]

And when someone embeds an entire book (that was otherwise written and they have the rights for) into the handshake, what then?

[Kalium]

Why do you think Oracle has so many lawyers?