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Yes, 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.

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That is the order scotus considered it.

Right, and that's why SCOTUS considered it in that order. Deciding API copyright was a much bigger decision than deciding fair use.

A shame, because as test cases go that wouldn’t have been a terrible one.

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