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Perhaps the point is that if an unknown had done the same thing, it would have been uncontroversial that it was mere copying, and bad.
There is the complication, though, that here there was an explicit license in place to allow Warhol to do things that did not include the actions at issue that he actually did (perhaps because he wasn't aware of the license).
@ceoln @blakereid Yes, that is the point that this guy was making
The rest of that comment:
"I think that it is fair to say that you can't take an original work, trace the content and turn it into a different color and then say, "Look--it's transformative." Essentially, this decision says, "Creative people actually have to be creative." (What a concept!)