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That judge is wrong. This was a dumb decision, as the work has NO VALUE outside of the value it appropriates form other creators.
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I am conflating copyright and trademark, you’re right. Because design is trademark – and this thing steals both Seuss and Trek design freely – and story is copyright, which is also being ripped off.
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Again, for-profit negates fair use, for me. Otherwise our creative world becomes Ctrl-C, Ctrl-C, and Ctrl-V over and over again.