Name should sound familiar to those who follow tech law; he presided over Oracle v Google, along with Anthony Levandowski's criminal case for stealing Waymo tech for Uber.
They tried to say `rangeCheck(length, start, end)` was novel. He spat back that he'd written equivalent utility functions as a hobbyist hundreds of time!
The Supreme Court decision in Oracle v Google skipped over copyrightability and addressed fair use. Fair use is a legal defense, applying only in response to finding infringement, which can only be found if material's copyrightable. So the way the Supreme Court made its decision was weird, but it wasn't about the creativity requirement.