Thanks BR, that does clear up my muddlement. I learned something here, no sarcasm intended. So the comparison was between a notated version of the song and an audio recording.
A very tough comparison to make, I would think, seeing as how few jury members could probably sight read the music expertly enough to make that kind of comparison. It seems to me to be pretty impossible, in fact, to do that and come to the decision that they did since both sides would inevitably present different interpretations of the melodic side of Gaye's song.
This precedent is going to make a lot of music industry lawyer rich. Richer.
Aside: I had a friend who when inebriated would always bring out his guitar and bang out "G.L.O.R.I.A Gloria". It was another three chord progression, but I swear, I think he only used one. We, also being inebriated, would sing it at the top of our lungs.
Dam fine music back then.