[eclark]

I should have been more explicit; You are completely correct.

I was saying that there's some implied license after first purchase. I believe that was part of the court's decision. Paying for a book (or a library paying) gives you implicit rights to fair use. Github's copies of code were not purchased. They were given by sometimes third party.

So there's likely some room to argue that fair use rights are different enough between previous cases and github.