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by banana_feather 1096 days ago
Much of the case law about the "transformative" factor focuses on "new meaning or expression", but it's about visual art, which is generally very difficult to reason about w.r.t. copyright. I think the example to look to for technology is Authors Guild v. Google, where "transformative" is more about non-expressive purpose, and it was considered transformative to copy a bunch of books to produce a search functionality, since the search functionality (which only displayed snippets) was a transformative purpose compared to the underlying creative expression in the books.