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kemitchell committed Jan 18, 2025
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Expand Up @@ -64,7 +64,7 @@ How do programmers, projects, and companies end up targeted for copyright claims

The potential nightmare scenario for front-line devs in software is the lived nightmare experience of pop musicians, who, being much cooler than devs, actually get covered in mainstream media. Even if you just read headlines, you've probably heard about at least one suit by some artist you may not have heard of claiming a new pop hit [actually rips off their old melody](https://en.wikipedia.org/wiki/List_of_songs_subject_to_plagiarism_disputes).

There follow head-scratching arguments between dueling musicologists about how similar two songs are, how many similarities are really tropes of the genre, how the arrangement or melody could or couldn't have been otherwise, and so on. Sound familiar? Also follow head-scratching arguments between lawyers, the plaintiff's strongly suggesting that if two songs sound the same-ish, the latter _clearly_ copied the former, the defendant's trying to remind everyone that great minds can think alike, "independent creation" isn't copying, and none of the above is illegal.
There follow head-scratching arguments between dueling musicologists about how similar two songs are, how many similarities are really tropes of the genre, how the arrangement or melody could or couldn't have been otherwise, and so on. Sound familiar? Also follow head-scratching arguments between lawyers, the plaintiff's strongly suggesting that if two songs sound the same-ish, the latter _clearly_ copied the former, the defendant's trying to remind everyone that great minds can think alike, "independent creation" isn't copying, and neither is against the law.

Often, the somewhat headlight-blinded defendant, made to sit quiet and still on the stand or in a [depo](https://en.wikipedia.org/wiki/Deposition_(law)) for hours, struggles to remember whether they'd heard the old song before recording theirs or not. They've been listening to all the music they could get ahold of their whole damn life. It all seeps in and swirls around in there. What do the contemporaneous studio notes of the perpetually stoned producer's assistant imply? Do you remember if they played the whole record at that party? Did somebody flip the disc?

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