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kemitchell 3 days ago

Art versus engineering is a very dangerous generalization of the law. There is a creativity requirement for copyrightability, but it's an explicitly low bar. Search query "minimal degree of creativity".

The Supreme Court decision in Oracle v Google skipped over copyrightability and addressed fair use. Fair use is a legal defense, applying only in response to finding infringement, which can only be found if material's copyrightable. So the way the Supreme Court made its decision was weird, but it wasn't about the creativity requirement.