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 cases in declining to construe Sony as offering significant guidance regarding transformative use.

In sum, Sony’s relevance to transformative use is, at best, unclear. I decline to join in the majority’s novel interpretation of Sony.

For the foregoing reasons, I concur in the judgment of this Court and in part I, the preamble to part II, and parts II.B, III and IV of the majority opinion. I decline to join in part II.A and its characterization of the Watch function as “somewhat transformative.”