Well - and I'm entirely guessing here - perhaps NP used obvious and well known coding routines in the basics of their code, whilst their clever stuff existed at a higher level.
A bit like building a house. You can't copyright the concepts of foundations and brickwork, however you could sue someone if they knocked off a replica of your pride and joy, 'Cool House 1.0'.
I hope that makes some sense, I'm totally guessing and trying to get a feel for the issues.
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