Regarding "since the code may be functionally identical, but not exactly identical, they hold no claim to the code", I guess the point is that it's a derived work of the copyrighted binaries. I mean ...
A fan project that created new source code for Grand Theft Auto 3 and Vice City has been hit by a DMCA takedown. The re3 and reVC project reverse-engineered the code behind the two hit Rockstar games ...
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