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> First, backend website code is not protected by copyright because it's not published

Unpublished works are protected by copyright. http://copyright.cornell.edu/resources/publicdomain.cfm




But wouldn't you need to distribute for copyright protection to kick in? Copyright is exclusive right to distribute. If you just stole the code and keep it, you can be liable to various crimes, but I don't see how copyright infringement can be one of them.




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