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I would think the copyright holder to the source code (could be the original writer, the NYT, …) would win any case on that.

It’s essentially the same as if someone made an IPFS mirror of the Microsoft Windows source code.

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Microsoft's been agitated that the Windows source gets put in a torrent every few years. They haven't been able to rid the planet of that, yet. IPFS is a less-efficient DHT, basically. They might "win" a case legally, but they won't actually be able to take anything down. The value of that sort of technology isn't actually the hosting (very easy to keep something available even over traditional HTTP), but a stable URL/URI (less easy to do, but still solved by BitTorrent years ago).

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