4 ms·
So in programmer speak if (!isFairUse(workUnderInvestigation) && copyrightable(originalWork)) { bigCopyrightPayout(); } Short circuit on the and
by shemnon42 6y ago
So in programmer speak
if (!isFairUse(workUnderInvestigation) && copyrightable(originalWork)) {
bigCopyrightPayout();
}
Short circuit on the and operator. It's fair use, so copyrightable will not be evaluated. Evaluating copyrightable has an obervable side effect of creating a precedent.
- AnimalMuppet 6y agoYes, exactly that. Why do the && in that order? Because isFairUse(workUnderInvestigation) was a much less expensive operation than copyrightable(originalWork) for this particular value of originalWork.
- shemnon42 6y agoThat is the order scotus considered it.
- AnimalMuppet 6y agoRight, and that's why SCOTUS considered it in that order. Deciding API copyright was a much bigger decision than deciding fair use.
- sjwright 6y agoA shame, because as test cases go that wouldn’t have been a terrible one.