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> Most other legal precedent was that it was fine to clone an API.

CUDA is more than an API. It is a technology under copyright and very likely patented too. Even the API itself contains multiple reference to "CUDA" in function calls and variable name.




None of that protects it from being cloned under previous 9th circuit precedent except maybe patents, but I'm not aware of any patents that'd protect another against CUDA implementation.




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