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If you want to make the point that the FSF would have to consider fair use if it were to sue in an US court - well, AFAICT it wouldn't have to, it could sue in the court of the contributor's country of residence / incorporation, as is common in patent cases where the patent might be invalid in the patent holders's country of incorporation.
I think this has gone beyond what is appropriate for the gcc list, I am happy to take it offline if you like.
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