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The point is that they have not reimplemented it.

If the Microsoft versions of curl and wget were compatible with the original utilities, there would not be any problem.

Which actually also came up in the Oracle case: Google claimed to be building a compatible implementation of the Java API, but they couldn't come up with a single example of an app that worked on the JVM which could also run on Dalvik, or the other way around: they were pulling the exact same "embrace extend extinguish" stuff with the Java API that Microsoft had with Visual J++. In that case Sun sued Microsoft and won, leading people to cheer from the sidelines.

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