To use your Harry Potter comparison, it would be like asserting that Magic Boy Adventures violates Harry Potter's copyright because one of the characters in MBA was similar to the Neville Longbottom.
Or in other words, a tiny fraction of the original work would essentially be allowed to monopolize the entire space of works involving magical kids going to school.
(And this is why Justice Thomas is widely regarded as the least competent justice of at least the past half century.)
Incorrect, because as Justice Thomas states, the "heart" of the work being copied is at issue, not a given percentage. Neville Longbottom is obviously not the "heart" of what a Harry Potter book is.
Presumably the issue would be if one wrote a book substantially about the same character as Harry Potter who went through the same plot events in significant detail, but only 0.4% of the sentences were identical and the main character's name was Barry.
Incorrect, because the "heart" of the work is not being copied, and therefore, the entirety of Justice Thomas' dissenting opinion is just pointless blathering.
Thomas would allow copyright on code regardless of any creativity. This would destroy the software industry. Anyone who is first in time would monopolize entire swaths of software functionality.
And that is what he wants. Thomas is an ideologue, and his sole goal in allowing the copyrighting of code is to destroy the tech industry, which he views as hostile to Republicans. You can see it in the logic of his dissent, which would require the court to override decades of settled case law all supporting the proposition that code and other functional expression. In order to justify his nonsensical arguments, Thomas is forced to come up with an entirely new category of code that is not supported by legislative history or judicial history. Thomas' only justification for this category is...that it's "not fair" to a multi-billion dollar company that the non-copyrightable portions of their code were copied by another corporation. Pity the poor multi-billion dollar corporation, they just can't ever get a break.
Even he notes that his dissent is nonsensical when he admits "declaring code is 'inherently bound together with uncopyrightable ideas.'
Or in other words, a tiny fraction of the original work would essentially be allowed to monopolize the entire space of works involving magical kids going to school.
(And this is why Justice Thomas is widely regarded as the least competent justice of at least the past half century.)