[atoav]

But if source code was copied repl.it could have said "this is our code and their code side to side, spot the difference". Especially given the current (negative) mood that would have won them the public opinion. The fact that they didn't do such a thing suggests to me that they know they don't have a true case. Because if they had, it would be a entirely different discussion by now

[Shicholas]

In our adversarial judicial system, you really don't have to disclose that until discovery. A lawyer may want to keep some of those similarities "close to the chest" to see how the other side responds first to some discovery requests. (this system is far from perfect).

[atoav]

Never said you have to legally. But given the PR fallout your incentive to still do it might be not insifnificant.