The Ed Sheeran lawsuit saga involves multiple high-profile copyright cases that have reshaped how courts handle music infringement claims. From "Thinking Out Loud" to "Shape of You," Sheeran has been accused of copying other artists' work more than half a dozen times.
He's won every major case so far. But the legal battles are far from over.
This article breaks down every lawsuit Ed Sheeran has faced. You'll get the verdicts, the legal arguments, the timelines, and what's happening in 2026.
One striking fact stands out: a single four-chord progression has triggered lawsuits worth hundreds of millions of dollars. And the outcomes are changing music law forever.
Ed Sheeran Lawsuit Overview
The Ed Sheeran lawsuit history spans more than a decade of copyright disputes across multiple countries. Since his rise to global fame, Sheeran has been named as a defendant in at least seven separate copyright infringement cases.
These cases target some of his biggest hits. Songs like "Photograph," "Thinking Out Loud," "Shape of You," and "Perfect" have all faced legal challenges.
| Detail | Info |
|---|---|
| Total Known Lawsuits | 7+ copyright cases |
| Countries Involved | United States, United Kingdom |
| Songs Targeted | Thinking Out Loud, Shape of You, Photograph, Perfect, others |
| Overall Win Record | Won or settled every major case |
| Most High-Profile Case | Thinking Out Loud vs. Let's Get It On (2023) |
The pattern across these cases is consistent. Plaintiffs claim Sheeran borrowed melodies, chord progressions, or rhythmic patterns from earlier songs. Sheeran's defense team argues these are common musical building blocks that nobody owns.
What makes these lawsuits significant goes beyond Sheeran himself. They test the limits of what can be copyrighted in music. Every verdict sends a signal to the entire industry.
Ed Sheeran Copyright Lawsuit Explained
An Ed Sheeran copyright lawsuit typically centers on whether Sheeran's song shares enough similarities with an earlier work to constitute infringement. Copyright law in music protects original expression, not basic ideas or common elements.
The legal standard requires two things from the plaintiff:
- Access: Proof that Sheeran heard or could have heard the original song
- Substantial similarity: Proof that the two songs share enough protected elements to suggest copying
Courts distinguish between protectable and unprotectable elements. Common chord progressions, standard rhythmic patterns, and generic melodic phrases generally fall outside copyright protection.
Sheeran's legal team has consistently relied on the "independent creation" defense. This means even if two songs sound alike, Sheeran created his version without copying. He's brought his songwriting notebooks, voice memos, and demo recordings to trial to prove it.
The burden of proof sits with whoever files the lawsuit. They must show Sheeran copied protected material, not just that two songs share a vibe.
This distinction matters because pop music draws from a limited set of musical building blocks. Think of it like cooking. You can't copyright salt, pepper, and olive oil. But a specific, original recipe might qualify.
Ed Sheeran Thinking Out Loud Lawsuit
The Ed Sheeran Thinking Out Loud lawsuit was the most closely watched music copyright trial in recent years. Structured Asset Sales LLC, which owns a share of Ed Townsend's estate, sued Sheeran in 2017. The case went to trial in May 2023 in the Southern District of New York.
The claim alleged "Thinking Out Loud" copied harmonic and melodic elements from Marvin Gaye's 1973 classic "Let's Get It On." Specifically, the plaintiff pointed to a four-chord progression and the rhythmic groove shared by both songs.
| Detail | Info |
|---|---|
| Plaintiff | Structured Asset Sales LLC |
| Song at Issue | Thinking Out Loud (2014) |
| Compared To | Let's Get It On (1973) |
| Court | U.S. District Court, SDNY |
| Trial Date | May 2023 |
| Jury Verdict | Not guilty of infringement |
| Damages Sought | $100 million+ |
The jury deliberated for roughly three hours before siding with Sheeran. Jurors found that the similarities between the two songs involved common musical elements, not protectable expression.
Sheeran testified during the trial and played guitar to demonstrate how the chord progression at issue appears in hundreds of songs. His performance in the courtroom became one of the trial's most memorable moments.
After the verdict, Sheeran gave an emotional statement outside the courthouse. He said the case almost made him quit music.
Key Takeaway: Ed Sheeran has faced seven or more copyright lawsuits targeting his biggest hits, and the Thinking Out Loud trial became the most important music copyright case in a generation.
Ed Sheeran vs. Marvin Gaye Estate
The Ed Sheeran vs. Marvin Gaye dispute is actually more complicated than one lawsuit. Multiple parties connected to Marvin Gaye's catalog have pursued legal action against Sheeran over different songs and at different times.
The primary case involved the heirs and assignees of Ed Townsend, who co-wrote "Let's Get It On" with Gaye. Townsend's share of the copyright eventually ended up with Structured Asset Sales LLC, which brought the federal lawsuit.
A separate claim had been filed by the Townsend family directly, but it was consolidated into the same legal dispute. Gaye's own estate, which is controlled by his children, was not the direct plaintiff in the Thinking Out Loud case. However, Gaye's family has been involved in other high-profile copyright suits, most notably against Robin Thicke and Pharrell Williams over "Blurred Lines."
That "Blurred Lines" verdict in 2015 opened the floodgates. After a jury awarded $7.4 million (later reduced to $5.3 million) to the Gaye estate, copyright claims against pop artists surged.
Sheeran's case was widely seen as a course correction. Legal experts hoped the Thinking Out Loud verdict would slow the wave of questionable copyright claims in the music industry.
The contrast between the two outcomes tells the whole story. "Blurred Lines" punished similarity. "Thinking Out Loud" protected common musical language.
The Let's Get It On Copyright Case
The Let's Get It On copyright case against Ed Sheeran focused on whether the song's chord progression and melodic contour were original enough to deserve copyright protection. This was the central legal question the jury had to answer.
"Let's Get It On" uses a I-IV-V chord progression in the key of Eb major. Sheeran's "Thinking Out Loud" uses a nearly identical progression in D major. Music theorists note this progression appears in thousands of songs across genres.
The plaintiff's expert witnesses argued the combination of chords, rhythm, and melodic movement together created a unique, protectable expression. Sheeran's experts countered that each element was generic and uncopyrightable on its own or in combination.
Key arguments from each side:
- Plaintiff: The specific combination of harmonic rhythm, bass line, and melodic phrasing was unique to "Let's Get It On"
- Defense: These are the basic building blocks of pop and R&B music, shared by hundreds of songs
- Defense exhibit: A medley of over 40 songs using the same chord pattern, performed live by Sheeran in court
Judge Louis Stanton made a critical pre-trial ruling that limited the scope of what the plaintiff could claim. He ruled that only the elements in the deposited sheet music (the 1973 copyright registration) were at issue, not the recorded performance. This stripped away the groove, the vocal stylings, and the studio production.
That ruling narrowed the case significantly. Without the "feel" of the recording, the plaintiff was left arguing about chords on paper.
Ed Sheeran Shape of You Lawsuit
The Ed Sheeran Shape of You lawsuit took place in the United Kingdom and involved a completely different song and set of plaintiffs. Grime artist Sami Chokri (who performs as Sami Switch) and co-writer Ross O'Donoghue accused Sheeran of copying their 2015 song "Oh Why."
The claim focused on a rising and falling melodic phrase in the chorus. Chokri argued Sheeran lifted the "Oh I" hook from "Oh Why" to create the "Oh I oh I oh I" melody in "Shape of You."
| Detail | Info |
|---|---|
| Plaintiff | Sami Chokri and Ross O'Donoghue |
| Song at Issue | Shape of You (2017) |
| Compared To | Oh Why (2015) |
| Court | High Court of London |
| Trial Date | March 2022 |
| Verdict | No infringement found |
| Judge | Justice Zacaroli |
Justice Antony Zacaroli ruled in April 2022 that Sheeran did not deliberately or subconsciously copy "Oh Why." The judge found the similarities were coincidental, noting the melodic phrase at issue was short and used a common pentatonic scale.
Sheeran had actually filed a preemptive lawsuit himself in 2018, asking the court to declare he had not infringed. This was an unusual legal move, but it put Sheeran on the offensive.
After winning, Sheeran posted a video statement saying baseless copyright claims had become too common. He warned they were "really damaging to the songwriting industry."
The court ordered Chokri and O'Donoghue to pay a portion of Sheeran's legal costs, which were estimated at over $1.1 million.
Key Takeaway: Both the Let's Get It On and Shape of You cases established that common melodic phrases and chord progressions belong to everyone, not to whoever used them first.
Ed Sheeran Lawsuit Verdict Breakdown
Every major Ed Sheeran lawsuit verdict has gone in Sheeran's favor. Across multiple courts and countries, judges and juries have consistently ruled that his songs do not infringe on earlier works.
Here is a complete verdict breakdown:
| Song | Accused of Copying | Court | Year | Verdict |
|---|---|---|---|---|
| Photograph | Amazing (Matt Cardle) | U.S. (settled) | 2017 | Settled, $5.6M reported |
| Thinking Out Loud | Let's Get It On (Marvin Gaye) | SDNY, U.S. | 2023 | Jury: No infringement |
| Shape of You | Oh Why (Sami Chokri) | High Court, UK | 2022 | Judge: No infringement |
| Shape of You | No Scrubs (TLC) | N/A (credit added) | 2017 | Co-writing credit given |
| Perfect | Amazing (Matt Cardle) | Included in Photograph suit | 2017 | Settled |
The "Photograph" case is the only one where Sheeran paid money. Reports indicate a $5.6 million settlement with songwriters Martin Harrington and Thomas Leonard, who wrote "Amazing" for Matt Cardle. The case settled before trial.
For "Shape of You," Sheeran voluntarily added the writers of TLC's "No Scrubs" as co-writers. This was not the result of a lawsuit but an acknowledgment of melodic similarity in the song's bridge section.
The trend across these verdicts sends a clear message. Courts are reluctant to grant copyright protection over basic musical elements. Plaintiffs need more than a similar chord pattern or a matching three-note phrase.
Did Ed Sheeran Win His Lawsuit?
Yes, Ed Sheeran won every lawsuit that went to trial. The two biggest cases, involving "Thinking Out Loud" and "Shape of You," both ended with rulings in his favor.
In the Thinking Out Loud case, a federal jury in New York delivered a unanimous verdict after just three hours. In the Shape of You case, a High Court judge in London issued a detailed written ruling rejecting all claims.
Sheeran's winning streak rests on three consistent factors:
- Detailed songwriting documentation. Sheeran keeps voice memos, notebooks, and demo recordings that trace how each song was written from scratch.
- Expert musicology testimony. His legal team brings in music professors who demonstrate that the disputed elements appear in hundreds of other songs.
- Narrow copyright scope. Courts have increasingly limited what counts as protectable in music, favoring Sheeran's arguments.
The only case where Sheeran did not "win" in court was the "Photograph" dispute, which he settled. Settling is not an admission of wrongdoing, but it did cost him millions.
Sheeran has been open about the emotional toll these cases take. After the Thinking Out Loud verdict, he told reporters he was "honestly considering quitting" music because of the constant legal pressure. That public statement resonated with other songwriters facing similar threats.
How Ed Sheeran Wins Lawsuit After Lawsuit
Ed Sheeran wins his lawsuits by combining strong legal strategy with genuine transparency about his creative process. His approach has become a blueprint for artists facing copyright claims.
The strategy breaks down into several key elements:
1. The Courtroom Performance
Sheeran plays guitar live during trials. He demonstrates how a single chord progression can become dozens of different songs. Jurors see firsthand that the building blocks of music are shared, not stolen.
2. The Paper Trail
Unlike many artists, Sheeran saves everything. Voice memos on his phone. Handwritten lyrics. Timestamped demo recordings. This creates a verifiable timeline showing how each song evolved independently.
3. Top-Tier Legal Representation
Sheeran's attorneys include specialists in intellectual property and music copyright. They file aggressive motions to narrow the scope of claims before trial even begins.
4. Expert Witnesses
Musicologists testify on his behalf, breaking down the disputed songs note by note. They identify the same patterns in hundreds of other compositions, proving these are common elements.
Think of it like being accused of copying someone's house because both buildings have doors and windows. Sheeran's defense shows the jury that doors and windows are standard features, not original inventions.
This consistent approach has made Sheeran one of the most legally battle-tested artists in modern music.
Key Takeaway: Sheeran wins by keeping meticulous records of his songwriting process and by demonstrating in court that basic musical elements cannot be copyrighted.
Ed Sheeran and Copyright Infringement Claims
Ed Sheeran copyright infringement claims highlight a growing tension in the music industry. As streaming platforms make it easier to compare songs, claims of copying have multiplied. Sheeran, as one of the world's most successful songwriters, is a natural target.
Copyright infringement in music requires proof that the accused party copied protectable, original expression from an existing work. General musical ideas, common chord sequences, and standard rhythmic patterns do not qualify.
The distinction between protectable and unprotectable elements has been the deciding factor in Sheeran's cases:
| Element | Protectable? | Example |
|---|---|---|
| Specific original melody | Yes | A unique, extended melodic phrase |
| Standard chord progression | No | I-IV-V-vi pattern |
| Song lyrics | Yes | Original written words |
| General musical style or genre | No | "Sounds like R&B" |
| Unique arrangement of common elements | Sometimes | Depends on originality |
The Ninth Circuit's revised standard after the "Blurred Lines" appeal has also influenced how courts evaluate these cases. Appellate courts have pushed back against overly broad copyright claims, especially when they protect "feel" or "groove" rather than specific notes.
For Sheeran, each new case reinforces the same legal principle. You cannot own a chord pattern any more than you can own the color blue. The law protects specific, original creative choices, not the raw materials of music.
Why Ed Sheeran Gets Sued So Often
Ed Sheeran gets sued often because he is extremely successful, writes prolifically, and works within pop genres that rely on a shared musical vocabulary. These three factors make him a prime target for copyright claims.
Between 2014 and 2024, Sheeran's songs earned billions of streams and generated hundreds of millions in revenue. "Shape of You" alone holds the record as the most-streamed song on Spotify, with over 3.6 billion plays. Where there is money, there are lawsuits.
Several factors contribute to the pattern:
- Volume of output. Sheeran has written or co-written hundreds of songs. More songs mean more potential points of comparison.
- Genre constraints. Pop, R&B, and acoustic music use limited harmonic and melodic vocabularies. Overlap is inevitable.
- Post-Blurred Lines environment. The 2015 verdict against Pharrell and Thicke emboldened plaintiffs and their lawyers to pursue claims based on vibe and feel, not just melody.
- High visibility. Sheeran is one of the most recognizable artists alive. Suing him generates publicity and potential settlements.
Some legal commentators describe this as the "copyright troll" phenomenon in music. Plaintiffs file claims hoping for a quick settlement because fighting a lawsuit costs more than paying to make it go away.
Sheeran has refused to play that game. After the "Photograph" settlement, he committed to fighting every case in court. That decision has paid off with consecutive victories.
Ed Sheeran Lawsuit 2026 Update
As of early 2026, no new major copyright lawsuits have been filed against Ed Sheeran. His legal slate appears clear following victories in the Thinking Out Loud and Shape of You cases.
However, several developments are worth watching:
| Development | Status (2026) |
|---|---|
| New copyright claims filed | None publicly reported |
| Appeals from prior cases | No active appeals |
| Sheeran touring/releasing music | Active, new album cycle expected |
| Legislative changes affecting music copyright | U.S. Copyright Office review ongoing |
The Structured Asset Sales LLC chose not to appeal the 2023 Thinking Out Loud verdict. That decision made the jury's finding final and binding. No further legal action from that plaintiff is expected.
In the UK, the Shape of You ruling from 2022 was also not appealed. Chokri and O'Donoghue paid their share of legal costs and the case is fully closed.
The broader legal environment in 2026 favors Sheeran's position. Courts across the U.S. and UK have increasingly adopted the view that common musical elements deserve "thin" copyright protection, meaning only near-identical copying would constitute infringement.
If Sheeran releases new music in 2026, as expected, new claims could always emerge. But his track record of documenting the songwriting process makes successful challenges unlikely.
Key Takeaway: No new lawsuits have been filed against Sheeran as of 2026, and the legal precedent from his victories has made future claims harder for plaintiffs to win.
Ed Sheeran Pending Lawsuits
There are no confirmed pending lawsuits against Ed Sheeran as of 2026. All previously filed cases have been resolved through verdicts, settlements, or voluntary dismissals.
Here is the current status of every known case:
| Case | Song | Status |
|---|---|---|
| Structured Asset Sales v. Sheeran | Thinking Out Loud | Resolved: Jury verdict (2023) |
| Chokri v. Sheeran | Shape of You | Resolved: Judgment (2022) |
| Harrington/Leonard v. Sheeran | Photograph | Resolved: Settlement (2017) |
| TLC/No Scrubs credit | Shape of You | Resolved: Co-writing credit added |
| Townsend family claims | Thinking Out Loud | Consolidated and resolved |
Some media outlets have speculated about potential future claims related to songs from Sheeran's "Subtract" album, released in 2023. But no formal legal actions have materialized.
The music industry's litigation climate has shifted since Sheeran's major victories. Plaintiff attorneys are reportedly more cautious about bringing thin claims, knowing that courts are now more skeptical of vague similarity arguments.
Sheeran's legal team remains on retainer and prepared. His habit of keeping detailed creative records serves as both a shield against future claims and a deterrent. Would-be plaintiffs know they'll face a well-documented defense.
Ed Sheeran Lawsuit Settlement Details
The only confirmed Ed Sheeran lawsuit settlement involved the "Photograph" copyright case. Sheeran reportedly paid approximately $5.6 million to resolve claims that the song copied "Amazing" by Matt Cardle.
| Detail | Info |
|---|---|
| Song | Photograph |
| Plaintiffs | Martin Harrington and Thomas Leonard |
| Claimed Original | Amazing (2012) |
| Settlement Amount | Approximately $5.6 million (reported) |
| Year Settled | 2017 |
| Terms | Confidential; co-writing credits added |
The settlement was confidential, meaning the exact dollar figure has not been officially confirmed. The $5.6 million amount comes from court filings and industry reporting.
As part of the deal, Harrington and Leonard received co-writing credits on "Photograph." This is a common resolution in music copyright disputes. It gives the plaintiffs ongoing royalty income rather than a one-time payment.
Sheeran has not settled any case since "Photograph." He has explicitly stated that settling encourages more frivolous lawsuits. His strategy shifted to fighting every claim in court, regardless of cost.
This approach is expensive. Legal fees for the Thinking Out Loud trial alone likely exceeded $2 million. But for an artist of Sheeran's wealth, paying to win is preferable to paying to make problems disappear. The long-term savings from deterring future claims likely outweigh the short-term legal costs.
Music Copyright Lawsuits in 2026
Music copyright lawsuits in 2026 exist in a legal environment heavily shaped by Ed Sheeran's victories. Courts across the U.S. and UK have tightened the standards for what constitutes protectable musical expression.
The trend in 2026 favors defendants. Several key legal shifts are at play:
- Narrower copyright scope. Judges are limiting claims to the specific notes in registered sheet music, excluding production, feel, and groove.
- Higher burden on plaintiffs. Courts require more than just expert testimony about similarity. Plaintiffs need evidence of access and actual copying.
- "Thin copyright" doctrine. When a work combines common elements, its copyright protection is thin. Only virtually identical copying triggers infringement.
Major music copyright cases currently being watched in 2026:
| Case | Songs Involved | Court | Status |
|---|---|---|---|
| Flame v. Katy Perry (appeal aftermath) | Dark Horse vs. Joyful Noise | Ninth Circuit | Resolved; reversal stood |
| Various AI-generated music claims | Multiple | U.S. Copyright Office | Under review |
| Sampling disputes (various artists) | Multiple hip-hop tracks | Various federal courts | Ongoing |
The rise of AI-generated music is creating entirely new copyright questions in 2026. If an AI produces a melody similar to an existing song, who is liable? The programmer? The user? The AI company? These questions haven't been fully answered yet.
Sheeran's cases remain the most cited precedent in courtrooms. His victories are regularly referenced by defense attorneys arguing that common musical elements cannot be monopolized.
Key Takeaway: The legal standard for music copyright has tightened significantly in 2026, making it harder for plaintiffs to win infringement cases based on shared chord patterns or melodic fragments.
Ed Sheeran Lawsuit Impact on Songwriters
The Ed Sheeran lawsuit outcomes have directly affected how songwriters work, collaborate, and protect themselves in 2026. The cases created a ripple effect across the entire music industry.
For everyday songwriters, the impact falls into two categories:
Positive effects:
- Songwriters can use common chord progressions without fear of lawsuits
- Courts have clarified that basic musical elements are free to use
- The "independent creation" defense has been strengthened by precedent
Negative effects:
- The cost of defending a copyright claim remains extremely high, even for winning defendants
- Smaller artists cannot afford the legal teams Sheeran employed
- Some songwriters now over-credit collaborators to avoid disputes, diluting their own royalties
Many songwriters have adopted Sheeran's practice of keeping detailed records. Voice memos, timestamped demos, and written notes about creative decisions are now standard practice for professionals.
The Songwriters Guild of America and the Music Publishers Association have both issued guidance to members in light of these rulings. Their advice emphasizes documentation and proactive credit discussions during the writing process.
One unintended consequence: some publishers now run new songs through plagiarism detection software before release. These tools compare melodic patterns against databases of existing music. It's a precaution that didn't exist at this scale before the Sheeran era of litigation.
The bottom line for songwriters is cautiously optimistic. Courts are protecting creative freedom. But the threat of expensive lawsuits still looms over anyone who writes a hit.
All Ed Sheeran Legal Cases at a Glance
Every Ed Sheeran legal case related to copyright is summarized below. This is the complete record as of 2026.
| # | Song Accused | Claimed Source | Plaintiff | Year Filed | Outcome |
|---|---|---|---|---|---|
| 1 | Photograph | Amazing (Matt Cardle) | Harrington & Leonard | 2016 | Settled ($5.6M) |
| 2 | Thinking Out Loud | Let's Get It On (Marvin Gaye) | Structured Asset Sales LLC | 2017 | Jury: No infringement (2023) |
| 3 | Shape of You | Oh Why (Sami Chokri) | Chokri & O'Donoghue | 2018 | Judge: No infringement (2022) |
| 4 | Shape of You | No Scrubs (TLC) | N/A (preemptive credit) | 2017 | Co-writing credit added |
| 5 | Thinking Out Loud | Let's Get It On | Griffin (separate claim) | 2016 | Dismissed/consolidated |
| 6 | Various songs | Multiple claims | Various | Ongoing | No active cases in 2026 |
The total financial cost of these cases to Sheeran is estimated at well over $10 million when combining the Photograph settlement, legal fees across all cases, and associated costs.
Despite the expense, Sheeran's legal record is remarkably strong. He is undefeated in trial and has only settled once.
His approach has changed the calculus for potential plaintiffs. Filing a copyright claim against Sheeran now means facing a well-funded, experienced legal team that will not settle. That deterrent effect may be the most lasting outcome of all these cases.
For the music industry at large, Sheeran's cases have become required reading in entertainment law courses. They define the boundaries of music copyright for a generation.
Key Takeaway: Sheeran's complete legal record shows a consistent pattern of victories that has reshaped music copyright law and discouraged frivolous claims across the industry.
Frequently Asked Questions
How many copyright lawsuits has Ed Sheeran faced?
Ed Sheeran has faced at least seven copyright-related legal disputes.
These include formal lawsuits, preemptive filings, and voluntary credit additions.
The most significant were the Thinking Out Loud and Shape of You cases.
Did Ed Sheeran copy Marvin Gaye's Let's Get It On?
No. A federal jury in New York ruled in May 2023 that "Thinking Out Loud" did not infringe the copyright of "Let's Get It On."
The jury found the similarities involved common, unprotectable musical elements.
The verdict was unanimous and delivered after approximately three hours of deliberation.
What was the verdict in the Thinking Out Loud lawsuit?
The jury found Ed Sheeran not guilty of copyright infringement.
The trial took place in the U.S. District Court for the Southern District of New York in May 2023.
Structured Asset Sales LLC, which held rights to "Let's Get It On," lost the case entirely.
Is Ed Sheeran facing any new lawsuits in 2026?
No new copyright lawsuits against Ed Sheeran have been publicly reported as of 2026.
All prior cases have been fully resolved through verdicts or settlements.
His legal team remains prepared in case new claims arise with any future music releases.
How do Ed Sheeran's lawsuits affect other songwriters?
Sheeran's victories have made it harder for plaintiffs to win music copyright cases based on shared chord progressions or short melodic phrases.
Courts now apply stricter standards for what counts as protectable expression.
Many songwriters have adopted Sheeran's practice of keeping detailed creative records to protect themselves.
The Ed Sheeran lawsuit story is really about the future of music creativity. Courts have drawn a line. Basic musical elements belong to everyone.
If you're a songwriter or music professional, the smartest move is clear. Document your creative process from the very first voice memo. Keep everything timestamped and organized.
Stay aware of new developments in music copyright law throughout 2026. The legal standards are still evolving, and the next big case could shift the boundaries again.
