v.
Infringement? Consider applying the "can-you-totally-sing-the-lyrics-over-the-other-guy's-song" test articulated by G. Arthur Martin in Washed-Up Guitar Noodler v. Biggest Band in the World.
Dicey. In 1970 George Harrison was found to infringe for close to the same degree of similarity (though this is pretty hard to gauge, which is why it should be left to the courts to decide arbitrarily) -- and he was a former Beatle who wrote "Something" and never named children after fruit, and thus might have found more sympathy with the court.
1 comment:
There's a law joke in this post that is inexcusable and I have to apologize for it right off the bat. I fear I'm becoming what I hate.
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