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23 hours agoMaybe not the best example then, but not the only example. If you unintentionally create something that resembles the original too much you may still become liable. It’s hard to draw the line, which is why many in such a position would prefer to be safe rather than sorry.
Because coming up with the same implementation independently is legal, while copying someone else’s implementation isn’t. Which method you used to arrive at your implementation can be difficult to prove either way, which is why it’s important for implementors to be able to say they never looked at the original. It’s a legal defence, in case you ever need to stand in front of a judge or jury who will question how you arrived at yours.