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Analytic Dissection
Analytic dissection is a concept in U.S. copyright law analysis of computer software. Analytic dissection is a tool for determining whether a work accused of copyright infringement is substantially similar to a copyright-protected work. In analytic dissection, unprotectable elements of a work are dissected out and discarded before making any comparison of the two works. These unprotectable components include ''idea'' (as contrasted with ''expression''), ''scènes à faire'' (conventional elements typical of a genre), material in the public domain, and functional aspects. As the Ninth Circuit explained in the 1988 ''Data East'' case, that such elements are common to two works does not create substantial similarity. Rather, infringing similarity must be based on the similarity of what remains after the unprotectable elements are dissected out. Subsequently, in '' Computer Associates International, Inc. v. Altai, Inc.'', the Second Circuit applied this conceptual tool in determining ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Computer Software
Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consists of machine language instructions supported by an individual processor—typically a central processing unit (CPU) or a graphics processing unit (GPU). Machine language consists of groups of binary values signifying processor instructions that change the state of the computer from its preceding state. For example, an instruction may change the value stored in a particular storage location in the computer—an effect that is not directly observable to the user. An instruction may also invoke one of many input or output operations, for example displaying some text on a computer screen; causing state changes which should be visible to the user. The processor executes the instructions in the order they are provided, unless it is instructed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ... [...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] |
Public Domain
The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and composition. Legal definitions Creative works require a cre ... to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabili ... [...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] |
Computer Associates International, Inc
CA Technologies, formerly known as CA, Inc. and Computer Associates International, Inc., is an American multinational corporation headquartered in New York City. It is primarily known for its business-to-business (B2B) software with a product portfolio focused on Agile software development, DevOps, and computer security software spanning across a wide range of environments such as a mainframe, distributed computing, cloud computing, and mobile devices. The company markets nearly 200 software products. Some of the best-known are ACF2 (security), TopSecret (security), Datacom (database), Easytrieve (report generator), IDMS (database), InterTest (debugging), Librarian, Panvalet (source code library management), and TLMS (tape library management). Through 2018, CA Technologies maintained offices in more than 40 countries and employed approximately 11,300 people. CA holds more than 1,500 patents worldwide, and has more than 900 patent applications pending. It was headquartered o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Neilson V , a village and parish in East Renfre ...
Neilson may refer to: Places * Zec Batiscan-Neilson, in the Portneuf Regional County Municipality, Quebec, Canada * Neilson Township, in Portneuf Regional County Municipality, Quebec, Canada * Neilson River (Bras du Nord), Saint-Raymond, Portneuf Regional County Municipality, Quebec, Canada Business * Neilson Dairy, or William Neilson Dairy Limited, a Canadian dairy company * Neilson and Company, 19th century locomotive manufacturer in Glasgow, Scotland Other uses * Neilson (name), people with the given name or surname * Roger Neilson Memorial Award, annual award for the top academic College/University player in the Ontario Hockey League See also * Nielsen (other) * Neilston Neilston ( sco, Neilstoun, gd, Baile Nèill, ) is a village and parish in East Renfrewshire in the west central Lowlands of Scotland. It is in the Levern Valley, southwest of Barrhead, south of Paisley, and south-southwest of Renfrew, at t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
O'Reilly V
O'Reilly ( ga, Ó Raghallaigh) is a group of families, ultimately all of Irish Gaelic origin, who were historically the kings of East Bréifne in what is today County Cavan. The clan were part of the Connachta's Uí Briúin Bréifne kindred and were closely related to the Ó Ruairc (O'Rourkes) of West Bréifne. O'Reilly is ranked tenth in the top twenty list of most common Irish surnames. It is also the patronymic form of the Irish name Reilly (Irish Gaelic: ''Uí Raghaile''). The name is commonly found throughout Ireland, with the greatest concentration of the surname found in County Cavan followed by Longford, Meath, Westmeath, Fermanagh and Monaghan, and the Province of Leinster. Naming conventions Overview It is usually anglicised as Reilly, Riley, and O'Reilly. The original form of the name, Ó Raghallaigh, denotes "from/of Raghallach", the name Raghallach thought to be derived from the compounds ''ragh'' (meaning "race") and ''ceallach'' (meaning "sociable"). The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parker V
Parker may refer to: Persons * Parker (given name) * Parker (surname) Places Place names in the United States *Parker, Arizona *Parker, Colorado * Parker, Florida *Parker, Idaho *Parker, Kansas *Parker, Missouri * Parker, North Carolina *Parker, Pennsylvania *Parker, South Carolina *Parker, South Dakota *Parker, Texas in Collin County * Parker, Johnson County, Texas * Parker, Washington * Parker City, Indiana *Parker County, Texas *Parker Dam, at Lake Havasu on the Colorado River between Arizona and California *Parker Road (DART station), a light rail terminal on Parker Road in Plano, Texas * Parker School, Montana * Parker Strip, Arizona *Parker Township, Marshall County, Minnesota *Parker Township, Morrison County, Minnesota *Parker Township, Butler County, Pennsylvania *Parker Center, a former police building in Los Angeles Elsewhere * C. W. Parker Carousel, a Burnaby Village Museum exhibit in British Columbia, Canada * Mount Parker (Philippines), a Mindanao island volcano of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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