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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] [Amazon] |
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] [Amazon] |
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 covers the states of Connecticut, New York (state), New York, and Vermont, and it has appellate jurisdiction over the United States district court, U.S. district courts in the following United States federal judicial district, federal judicial districts: * United States District Court for the District of Connecticut, District of Connecticut * United States District Court for the Eastern District of New York, Eastern District of New York * United States District Court for the Northern District of New York, Northern District of New York * United States District Court for the Southern District of New York, Southern District of New York * United States District Court for the Western District of New York, Western District of New York * United States District Court for the District of Vermont, District of Vermont The Second Circui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Computer Associates Int
A computer is a machine that can be Computer programming, programmed to automatically Execution (computing), carry out sequences of arithmetic or logical operations (''computation''). Modern digital electronic computers can perform generic sets of operations known as Computer program, ''programs'', which enable computers to perform a wide range of tasks. The term computer system may refer to a nominally complete computer that includes the Computer hardware, hardware, operating system, software, and peripheral equipment needed and used for full operation; or to a group of computers that are linked and function together, such as a computer network or computer cluster. A broad range of Programmable logic controller, industrial and Consumer electronics, consumer products use computers as control systems, including simple special-purpose devices like microwave ovens and remote controls, and factory devices like industrial robots. Computers are at the core of general-purpose devices ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Structure, Sequence And Organization
Structure, sequence and organization (SSO) is a term used in the United States to define a basis for comparing one software work to another in order to determine if copying has occurred that infringes on copyright, even when the second work is not a literal copy of the first. The term was introduced in the case of '' Whelan v. Jaslow'' in 1986. The method of comparing the SSO of two software products has since evolved in attempts to avoid the extremes of over-protection and under-protection, both of which are considered to discourage innovation. More recently, the concept has been used in ''Oracle America, Inc. v. Google, Inc.'' Whelan v. Jaslow ''Whelan Assocs., Inc. v. Jaslow Dental Laboratory, Inc.'' was a landmark case in defining principles that applied to copyright of computer software. Whelan had developed software for Jaslow to manage the operations of a dental laboratory, and later took it to market under the trade name ''Dentalab''. Jaslow became engaged in selling ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United States federal judicial district, districts: * United States District Court for the District of Delaware, District of Delaware * United States District Court for the District of New Jersey, District of New Jersey * United States District Court for the Eastern District of Pennsylvania, Eastern District of Pennsylvania * United States District Court for the Middle District of Pennsylvania, Middle District of Pennsylvania * United States District Court for the Western District of Pennsylvania, Western District of Pennsylvania This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article IV United States territorial court, territorial court and not a district court under Article III of the Constitution. The c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 counties of Waterford and 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. Accor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Jon O
Jon is a shortened form of the common given name Jonathan, derived from "YHWH has given". The name is spelled Jón in Iceland and on the Faroe Islands. In the Nordic countries, it is derived from Johannes. Notable people * Jon Aaraas (born 1986), Norwegian ski jumper *Jon Abbate (born 1985), American gridiron football player * Jon Abbott, American media executive * Jon Aberasturi (born 1989), Basque bicycle racer * Jon Ramon Aboitiz (1948–2018), Filipino businessman *Jon Abrahams (born 1977), American actor *Jon Abrahamsen (born 1951), Norwegian footballer *Jon Ackerson, American lawyer and politician * Jon Adams, American folk musician *Jon Adkins (born 1977), American baseball player *Jon Agee (born 1960), American writer and illustrator *Jon Agirre (born 1997), Spanish cyclist * Jon E. Ahlquist (1944–2020), American molecular biologist and ornithologist *Jon Akass (1933–1990), British journalist *Jon Åker (1927–2013), Norwegian hospital director *Jon Akin (born 1977), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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) In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of tra ... * Merger doctrine (family law) * Merger doctrine (property law) * Merger doctrine (trust law) {{disambig Legal doctrines and principles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Scènes à Faire
A ''scène à faire'' ( French for "scene to be made" or "scene that must be done"; plural: ''scènes à faire''; both pronounced ) is a scene in a work of fiction which is almost obligatory for a work in that genre. In the United States, 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, a principle which has been expanded to cover other fields such as software development. Examples in different genres For example, a spy novel is expected to contain elements such as numbered Swiss bank accounts, a deadly woman, 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 police work in the South Bronx would need to feature stereotypical elements such as drunks, prostitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
United States Copyright Law
The copyright law of the United States grants monopoly A monopoly (from Greek language, Greek and ) is a market in which one person or company is the only supplier of a particular good or service. A monopoly is characterized by a lack of economic Competition (economics), competition to produce ... 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 and generally expire 70 years after the author's death or 95 years after publication. In the United States, works Publication (copyright), 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 expli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
