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0 pointsAnimalMuppet5y ago0 comments

Yes, exactly that. Why do the && in that order? Because isFairUse(workUnderInvestigation) was a much less expensive operation than copyrightable(originalWork) for this particular value of originalWork.

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3 comments · 1 top-level

shemnon425y ago· 2 in thread

That is the order scotus considered it.

AnimalMuppetOP5y ago

Right, and that's why SCOTUS considered it in that order. Deciding API copyright was a much bigger decision than deciding fair use.

sjwright5y ago

A shame, because as test cases go that wouldn’t have been a terrible one.

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