Both show that there is no intent for individual infringement, with along with no infringing material being produced and the significant non-infringing commercial use like family photo touch-ups, it makes for a very strong narrative for the defense!
To change lanes to art for a second…
When I’m using a tool like Logic I can coax drums, Hammond Organ, 70s analog synths, out of my laptop. I can’t make any of those sounds with my body. I need a tool.
Without Logic I would have to own a drum kit (which I happen to do), know how to play it, know how to record it… with logic I just click a dozen times and I’ve got a drummer playing four-on-the-floor.
So when I do work with a real drummer don’t tell them exactly what to play on a grid like with a drum sampler in Logic, rather they just listen in contribute. Logic has a virtual drummer that does basically the same.
How different is it to fire up another piece of software and employ a virtual painter?
Ok, shift back over to technology and creative work… what are the pros and cons of drum samplers? Don’t they put drummers out of business? Isn’t the trade-off that now a lot more people have access to nice sounding drums and that the world has more music?