So what if we made a function. What if someone scans all the works of Harry Potter and generates a program/function that uses the frequency and pairing of phonemes in Harry Potter character names to create a “Wizard Name Generator” to generate random but plausible sounding names. Would we expect a court to find the name generator is infringing on JK Rowling’s copyrights? Certainly it’s possible for the generator to generate a name verbatim from the books, but does that make the generator a derived work and infringing? If the authors of the generator put their generator on the web as Harry Potter Name Generator, we might expect the courts to tell them they can’t use the Harry Potter name, but if they put it under “Wacky Warlocks Wizard Wonder Namer” is the mere fact that the underlying function uses factual data about a work under copyright sufficient to strike it down? What if it used name frequencies from multiple fantasy series? How many series would it have to use as a source before we say that the name generator is not infringing on copyrights? Can it ever not be?