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12 Mar 2015, 9:56 am
 It was expressed most forcefully by two of the great common law judges then on the bench, Learned Hand and Jerome Frank; in a case involving a musical composition infringement claim (Arnstein v [Cole] Porter], Judge Frank (joined by Hand) wrote: The proper criterion on [the infringement] issue is not an analytic or other comparison of the respective musical compositions as they appear on paper or in the judgment of trained musicians. [read post]