It's exactly the same argument SCO was making in the IBM case. "Our contribution can never be isolated, and thus can never be removed. It's an indelible essence that suffuses the text, between the lines. It's not based on copyright, on patent, on trademark, on trade secret, or on contract, but exists between all of those."
I used to refer to it as "SCO disease". For a couple years there, I got paid to help prove it wasn't true. This was shortly before you-know-who tried it.