> Courts would never in a million years call this a copyright violation. If it was, anyone walking down the street playing music would be violating copyright.

Because purpose is an element of Fair Use analysis, and because fair use is an exception to copyright, and because the purpose differs radically between the two cases, there are a whole lot of other assumptions you need to make for this “if...then...” statement to hold.

> If it was, anyone walking down the street playing music would be violating copyright.

I believe this is the case, yes.

> If it was, anyone walking down the street playing music would be violating copyright.

It would indeed be so, if you were playing it with the express intent of having others listen to it.

Also, never underestimate the eagerness of the entertainment industry to decide that you need license to play something.