[extra88]

> Is it Novel? Is it Non-Obvious?

Those questions for patents are barely more clear-cut than copyright fair use tests, there is lots of room for disagreement.

It's definitely true that a fair use defense against copyright infringement varies a lot by the field of work and norms can develop which are relevant to court cases. The music field is a mess, the "Blurred Lines" judgement was total bullshit. But the software field is not without its own copyright history and norms so there's no reason to expect everything to go to hell.

[jrm4]

But there's no reason not to either - I suppose my point is, don't take too much as gospel and think about everybody's best "end-goals" and push or pull with or against the law as needed.

[TheSpiceIsLife]

There’s also an aspect of this that varies by size, budget, political clout, etc etc, of the individual or organisation.

The big guns like Microsoft, Google, Oracle, do this sort of thing as a matter of course in their business activities, they have the lawyers, the money, and the ear of members of parliaments, senators etc.

Whereas an individual or small business probably wants to conduct themselves within a more narrow set of adherences.