I'm not a lawyer, but I'd be surprised if this defense was particularly robust anyway. It seems you'd just have to argue that there's some slight difference in the situations and that's why I'm doing something that guy shouldn't do. But either way, you're not taking away the correct message from his example.
If my job were to solve TSP instances, I'd not bother trying to tell someone why it's hard. I'd through Iterated Lin-Kernighan or something similar at it and go get some lunch.