Fix #372 - Do not create conflicted copies if the client has a newer version of a file, and upstream that file

Question: it looks like `needUpstream` and `upstreamPath` are in play at the same time as one another; could we just use `upstreamPath` to indicate that we need to upstream, and not have a second variable?  If not possible, fine.  Just wondering.  The fewer variables and states to manage, the fewer bugs.