[logicallee]

downvotes are probably because I could have taken on a legal perspective (but didn't), and I didn't talk about how much creativity goes into producing those facts. I want to be clear that I am fully behind the judge's choice: but he made it for pragmatic reasons, not because he couldn't have chosen for games to be copyrighted if he really wanted to. They could have been if he really wanted them to be, in the same way that simple melodies have been held to be copyrighted.

Where creative choices are incredibly constrained (as with a chess game -- there really isn't that much entropy going into one), or my example with simple melodies, the application of copyright becomes interesting.