I'm also an attorney with a background in copyright. Indemnity's post is accurate. (Also, as Indemnity said, my post is not intended as legal advice and while I'm *a* lawyer, I'm not *your* lawyer.)
Merger applies any time there are only a handful of mechanical ways to implement an expressive act. I believe Indemnity's point was that for spells, there's a pretty clear set of mechanical limitations on spells; you can vary the range or dice used, but they fall within the same basic format, and that format will be unprotectable due to merger. Meanwhile, each feat is essentially cut from whole cloth, so there's no similar protection from merger doctrine.
I'll note, though, that game mechanics are generally not protected - you could have an OGLed "Heavy Weapon User" feat that gave -5/+10 and you'd still be okay. Copying and pasting the text of a feat, though, is just text, which is copyrightable. You're not just copying a set of unprotected field full of game mechanics (as with a spell header) but the text of the feat itself, which is presumptively protected by copyright.