@Jayde And nor should it be. The point is to keep creators from locking up progress of science and the arts. The point of copyright in general, for that matter despite the numerous bugs/oversights/bad features. That being said, I don't expect the mods to be able to have a complete reference on how each factor is weighed and what not. I have a feeling for expedience sake, some of that burden falls on defendants to fully make their case. That being said, defendants/anyone really should study those factors and case law just in case someone decides to call them to task in a formal legal setting. While it hasn't happened before, that doesn't mean it can't happen, and getting caught flat footed is never fun. Lawyers are a valuable necessity, but being aware can save you a lot of headaches in the long run.
"C: God's Programming Language
C++: The object-oriented programming language of a pagan deity" -- The Red Book
"There, but for the grace of God go I"