>The easiest one would just be to prove that the person in question didn't have the many thousands of programmer-years ... //
We're talking a copyright infringement case here. They have to prove that they own it, proving he doesn't does get them a little along the road but nowhere near far enough.
Compile with different flags and I don't see how your "current binary" argument works; also they said the code had been changed a little, at least.
Whilst the necessary proof should only be "beyond reasonable doubt" the burden of proof is still with "Macrosoft" and they have to prove their ownership, with no original materials.
We're talking a copyright infringement case here. They have to prove that they own it, proving he doesn't does get them a little along the road but nowhere near far enough.
Compile with different flags and I don't see how your "current binary" argument works; also they said the code had been changed a little, at least.
Whilst the necessary proof should only be "beyond reasonable doubt" the burden of proof is still with "Macrosoft" and they have to prove their ownership, with no original materials.
What else have you got?