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Yes, in the 1970's, American Copyright Law made it illegal to create derivative works of existing, copyright-protected original works with some exceptions. It is not fair use to take a full fledged theme and create variations of it. This would be classified as a derivative work and derivative works require permission from the holder of the original copyright. I don't agree with the limitations this imposes on creativity, especially since any collection of notes on a page should have no such expectation to "not" be used as a source of inspiration for additional creation. This is how creativity works in the first place, because we simply do not create anything from nothing at all.

Ok. So this IS your opinion you are entitled too. But please don't expect moderators to act on that (yet) ;) Now back to the music?

The problem here is that the music actually IS his attititude, or better said the music equals his attitude.

When written enharmonically with D as the root we get the notes: D, E, F, Gb, A, Bb, C#. Thus, we can see we almost have the scale of D harmonic minor but with a G flat. In essence it is just a synthetic scale based upon the harmonic minor scale of D, with a flattened fourth degree.