It's not ironic, it's the flipside of exactly the same reason. Bigcorps can steal with impunity because they have unlimited money to pay expensive lawyers. FOSS projects do not, so they cannot.
No judge I’ve ever met gave a damn how much a party spent on legal resources. With rare exceptions, they care a great deal about achieving justice, and often bend over backwards to help indigent parties avoid prejudicing themselves. Keep in mind that there are no indigent parties in this debate; both major IP rights holders and the frontier AI companies are well capitalized.
(I worked in a federal district court for a while.)
loading story #49725309
loading story #49722570