he constructed his program using insider knowledge, which noone outside in the corporate world would've known about... As best as i can tell he wrote the program specifically for the air force and then went on to give it to some friends, who ised it on USAF property (computers, servers, whatever).
I see completely where they're coming from then, becuase if it was installed without the USAF paying for it then it was firstly against the rules, no doubt, and secondly, if he distributed it to other usaf personnel and then wanted exclusive rights...
he did stuff in the wrong order, voided his claims to ownership imo.
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