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A showing that features of the two works are not similar does not bar a finding of substantial similarity, if such similarity as does exist clears the de minimis threshold. [3] 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 ...
The court found that both the extrinsic and intrinsic tests showed that there was substantial similarity, rejecting the defendants' detailed list of differences, which the target audience of children would ignore. A footnote said: [2] Even a dissection of the two works reveals their similarities.
Despite the plaintiff’s ostinato failing the extrinsic test, the court refused to resolve the intrinsic test as a matter of law, [55] [21] and held that "a reasonable jury could nevertheless conclude that the 'concept and feel' of the two ostinatos were 'intrinsically' similar." [4]
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 test statistic R is calculated in the following way: R = r B − r W M / 2 {\displaystyle R={\frac {r_{B}-r_{W}}{M/2}}} where r B is the average of rank similarities of pairs of samples (or replicates) originating from different sites, r W is the average of rank similarity of pairs among replicates within sites, and M = n ( n − 1)/2 where ...
Editor's Note: The Miami Heat on Friday night suspended Jimmy Butler seven games "for multiple instances of conduct detrimental to the team" and said they will listen to trade offers. Jimmy Butler ...
A new trend gaining popularity among people trying to lose weight is microdosing the diabetes medication Ozempic. With approximately 70% of American adults meeting the criteria for being obese or ...
An Ohio man allegedly slammed a 15-month-old girl on the floor after she wouldn’t stop crying, fracturing her skull. Two weeks later, she died of her injuries. The man, Piqua resident Michael ...