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Abstraction-Filtration-Comparison Test
The Abstraction-Filtration-Comparison test (AFC) is a method of identifying substantial similarity for the purposes of applying copyright law. In particular, the AFC test is used to determine whether non-literal elements of a computer program have been copied by comparing the protectable elements of two programs. The AFC test was developed by the United States Court of Appeals for the Second Circuit in 1992 in its opinion for ''Computer Associates Int. Inc. v. Altai Inc.'' It has been widely adopted by United States courts and recognized by courts outside the United States as well. Background The Second Circuit Court of Appeals developed the AFC test for use in '' Computer Associates Int'l, Inc. v. Altai Inc.'' In that case, Computer Associates sued Altai for copyright infringement of a computer job scheduler program that was designed to be easily ported between operating systems. Proving copyright infringement requires proving both ownership of the copyright and that copying too ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantial Similarity
Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limited to making only exact and complete reproductions of a work. Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove that copying has occurred. A number of tests have been devised by courts to determine substantial similarity. They may rely on expert or lay observation or both and may subjectively judge the feel of a work or critically analyze its elements. Substantial similarity in copyright infringement To win a claim of copyright infringement in civil or criminal court, a plaintiff must show he or she owns a valid copyright, the defendant actually copied the work, and the level of copyin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Computer Associates Int
A computer is a machine that can be programmed to carry out sequences of arithmetic or logical operations (computation) automatically. Modern digital electronic computers can perform generic sets of operations known as programs. These programs enable computers to perform a wide range of tasks. A computer system is a nominally complete computer that includes the hardware, operating system (main software), and peripheral equipment needed and used for full operation. This term may also refer to a group of computers that are linked and function together, such as a computer network or computer cluster. A broad range of industrial and consumer products use computers as control systems. Simple special-purpose devices like microwave ovens and remote controls are included, as are factory devices like industrial robots and computer-aided design, as well as general-purpose devices like personal computers and mobile devices like smartphones. Computers power the Internet, which links bill ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Computer Associates Int'l, Inc
A computer is a machine that can be programmed to carry out sequences of arithmetic or logical operations (computation) automatically. Modern digital electronic computers can perform generic sets of operations known as programs. These programs enable computers to perform a wide range of tasks. A computer system is a nominally complete computer that includes the hardware, operating system (main software), and peripheral equipment needed and used for full operation. This term may also refer to a group of computers that are linked and function together, such as a computer network or computer cluster. A broad range of industrial and consumer products use computers as control systems. Simple special-purpose devices like microwave ovens and remote controls are included, as are factory devices like industrial robots and computer-aided design, as well as general-purpose devices like personal computers and mobile devices like smartphones. Computers power the Internet, which links bill ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * Eastern District of Pennsylvania * Middle District of Pennsylvania * Western District of Pennsylvania This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article VI territorial court and not a district court under Article III of the Constitution. The court is composed of 14 active judges and is based at the James A. Byrne United States Courthouse in Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ..., Pennsylvania. The court also conducts sittings in other venues, including the United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Whelan V
The family name Whelan is an anglicisation of the Irish surname Ó Faoláin. The surname originates from the Middle Irish (plural ''Uí Faeláin'') the name of the 10th to 11th century ruling dynasty of the Déisi, a population group inhabiting the area of the modern county of Waterford and County Kilkenny in the early medieval period. The word is derived from the Old Irish word ''faelán'' meaning a young (small) wolf; ''-án'' being of the diminutive suffix in Irish. ''Ó'' (anglicised as ''O''') derives from the Old Irish ''úa'', meaning "grandson", or more figuratively "patrilineal descendant". The patronym that follows is always in the genitive case, in accordance with Irish grammatical rules, and is normally marked by an "i" following the final vowel. Therefore, the name Faelán, becomes ''Úa Faeláin'' as a patronym in Middle Irish, from which is derived ''Ó Faoláin'' in Modern Irish, of which in turn ''Whelan'', '' Phelan'', ''O'Phelan'' etc. are anglicisations. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jon O
Jon is a shortened form of the common given name Jonathan, derived from "YHWH has given", and an alternate spelling of John, derived from "YHWH has pardoned". Behind the Name. Retrieved on 2013-09-06. The name is spelled in and on the . In the , it is derived from |
Merger Doctrine (copyright Law)
The phrase merger doctrine or doctrine of merger may refer to one of several legal doctrines: * Merger doctrine (antitrust law) * Merger doctrine (civil procedure) * Merger doctrine (copyright law) * Merger doctrine (criminal law) * Merger doctrine (family law) * Merger doctrine (property law) Merger at conveyance In the law of real property, the merger doctrine stands for the proposition that the contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights ... * Merger doctrine (trust law) {{disambig Legal doctrines and principles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scènes à Faire
A ''scène à faire'' ( French for "scene to be made" or "scene that must be done"; plural: ''scènes à faire'') is a scene in a book or film which is almost obligatory for a book or film in that genre. In the U.S. it also refers to a principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre. Examples in different genres For example, a spy novel is expected to contain elements such as numbered Swiss bank accounts, a femme fatale, and various spy gadgets hidden in wristwatches, belts, shoes, and other personal effects. The United States Court of Appeals for the Second Circuit interpreted the ''scènes à faire'' doctrine expansively to hold that a motion picture about the South Bronx would need to feature drunks, prostitutes, vermin, and derelict cars to be perceived as realistic, and therefore a later film that duplicated these features of an earlier film did not infringe. These eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Law
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under the C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
