"It doesn't really matter if the data is contiguous or not, because it needs to be transformed regardless."

I disagree. Ease of transformation matters. Being contiguous seems like a HUGE difference. From a programmer's perspective I can see why one would think it doesn't matter, but from a lawyer's perspective, I think it would matter a lot. Obviously I'm just offering a fuzzy conjecture and I'm not a lawyer, but I do not consider this question to be settled AT ALL and I don't think you should either.