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> The statute of limitations is 3 years for copyright infringement

... nope. Not even in the US, where "3 years" as you claim is from the possible discovery date, not the infrigment date (https://www.michaelbest.com/Newsroom/340003/US-Supreme-Court...), and this would probably only accrue when the source code is released (as it can be argued that it would be difficult to see a more subtle copyright infrigment on object code).

Also statutory damages exists, so even for no revenue there is a reasonable possibility that they will be sued for that alone (similar to how game and music piracy lawsuits work).

> and 6 years for patents

Other jurisdictions like Germany (no limits) exists.



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