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Judges decide upon copyright law. They decide upon trademark law. They decide upon scientific issues. They decide upon very complex technical issues on a daily basis. So you must have confidence in the Supreme Court, that they will apply their mind and they will come out with a decision consistent with the Constitution.
Under the 1998 Digital Millennium Copyright Act, Tumblr, YouTube, Reddit, WordPress, and Facebook aren't responsible for the copyright infringement of each of their millions of users, so long as they take down specific posts, videos, or images when notified by copyright holders. But copyright holders thought that wasn't good enough.
Whether I build a character from the ground up or develop one, whether within my own copyright or in licensed work, I can step into that character's mind. It takes a kind of voluntary dissociation akin to method acting, military planning, marketing, or detective work: to think like the other guy and work out what he's going to do next.
I named my software 'EMAIL,' (a term never used before in the English language), and I even received the first U.S. Copyright for that software, officially recognizing me as The Inventor of Email, at a time when Copyright was the only way to recognize software inventions, since the U.S. Supreme Court was not recognizing software patents.
You know that in order to copyright material somebody has to write it down for you. Any piece of recorded material has to be scored in order for it to be copyrighted. I've seen the scores of my things and they don't resemble the music in any way. If you give them to somebody who has never heard the music and say, "What does this sound like to you?" they'll play you something that has no relationship with the music it derives from. Notation simply isn't adequate.