Maybe this will give you guys some insight into my stance. When I was a paid engineer I was pretty good at basic CAD, but not some sort of genius. The reason using the files to me is BS is I never would anyway. I do everything in my power not to use others CAD. I look at references and get critical dimensions, books for specific numbers of things (hole diameters, rib ratios). Using someone else CAD file sucks, it is only done with extremely minor edits or to ensure things like preexisting molds do not have to get changed. I made the LR in a a day or two and that included sketching it first, then printing parts. I can copy anything by eye, quickly, much more quickly than referencing another file. Sometimes editing a file is easy and works but typically it does not. Something like the Prusa mk3 has been revised to print well/fast, that just makes it easier. I can see why every single choice was made. Something like a sculpture and I would never ever be able to replicate it in months. A well engineered part lacking many artistic choices is an extremely basic part no matter how complicated it looks. Using a file or drawings as a qualifier is brutal to me as I never use them anyway. So saying I didn’t copy it is simply not true.
The prusa printers seem to be released as open SCAD files, proving I have not touched them as that is Greek to me, but I 100% have always said it is a derivative. If a sculpture copies the David, he is doing it by eye, from scratch, is it not a copy? Even if it looks completely different he intended to copy it, so it is a form of a copy, a derivative. In my eyes.
I am not upset or getting defensive, I think we are making progress. We are narrowing down this grey area chipping away at it from both sides now. MPCNC, MP3DP.
So I guess I am saying it is intent. If you intend on copying something you are. If you are purposefully looking for a loophole “from scratch” you most certainly are copying. In the patent world you can submit it referencing previous patents to make sure it is different enough (form or function). We do not have that. Also patents expire, open licenses don’t (that I can tell).