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> they can produce copyrighted works, they've just been tuned so they don't.

In other words... they can't. A different one can but this one can't. The court is not stupid, and will consider this fact.



They can't unless the tuner produces a copyrighted work for whatever their purpose would be, because they can step in and "detune" the thing at 3am for a competitive advantage.


This assumes the "tuning" (I assume you mean fine-tuning?) is lossless, which it isn't.




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