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The substantial similarity standard is used for all kinds of copyrighted subject matter: books, photographs, plays, music, software, etc. It may also cross media, as in Rogers v. Koons, where a sculptor was found to have infringed on a photograph. [1] [page needed] Substantial similarity is a question of fact that is decided by a jury.
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 court agreed with district court's refusal to follow the Whelan logic because the test is "conceptually overbroad." [1] A program can have multiple functions and thus many ideas. As an alternate metric, the court presented a three-step test to determine substantial similarity, abstraction-filtration-comparison.
While the New York courts now appear comfortable deciding substantial similarity as a matter of law in copyright cases, it awaits to be seen whether similar implied-in-fact contract claims will ...
This test, developed in Computer Associates International, Inc. v. Altai, Inc. (1992) was specifically aimed at software infringement and hence is a better fit for what a court is likely to apply with regards video games. The test, like the subtractive test before it, lays down three steps: Abstraction – Ascertain each level of abstraction.
However, the key issue was the second step, where there were aspects that were by no means "fantastic"; particularly, the similarity between the works. Regarding the second step of the infringement analysis, determining substantial similarity is to be done from the view of the "ordinary lay hearer", although "the testimony of experts may be ...
New York's shield law, like seven other Democratic states with similar legislation, means the state will not co-operate with any other state's effort to prosecute, or otherwise penalise a doctor ...
According to the IRS substantial presence test, workers without U.S. citizenship or permanent … Continue reading → The post IRS Substantial Presence Test for U.S. Residents appeared first on ...