I think the basic idea is that the wording can’t be protected if it is so bare bones that protecting it would make other Donna summer music lover shirt unable to express the mechanic. If there is a bunch of copyrightable fluff built into the paragraph that can be removed and leave the mechanic in tact, then that fluff could be protected, but you could not protect anything that would be required to make the mechanic function if distilled down, because that would need to be patented. Crunch must be patented (and probably can’t be) Fluff can probably be copyrighted. (IANAL, this is just my understanding)
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Thank you SO MUCH. I had picked up bits and pieces from different sources, but it’s been a long time since I skimmed the IP readings in 1L property Donna summer music lover shirt . This is succinct, punchy, and sorely needed. Not too academic to me, but then again I know exactly who Judge Learned Hand is, so I’m probably not the target audience for that question. I’m interested to hear more on Creative Commons, licensing, trade dress issues to be aware of, fair use/de minimis references to other works (to what degree can I use a pop culture reference in passing?), and basically a bunch of the things you listed out that you would be doing. So really I’m happy to wait and see, and then clarify if need be.