I do not agree that's clearly a statement of fact. An unrelated example that demonstrates why: laat week, I was having a (text) conversation with two other people, and I made a comment to the effect of, "I think it's a waste of time for you to argue about X, figuring out how to do Y would be more productive instead." To which one of the other participants responded, "...but we were talking about Z, not X!"
The literal words we had written were the facts. Their meaning was up for interpretation. If something as basic as the subject of a conversation cannot be necessarily be agreed upon, something more complicated like "does this infringe on a patent?" certainly has room for disagreement.
The literal words we had written were the facts. Their meaning was up for interpretation. If something as basic as the subject of a conversation cannot be necessarily be agreed upon, something more complicated like "does this infringe on a patent?" certainly has room for disagreement.