Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

abstraction-filtration-comparison test

Read a random definition: cash-against-documents sale

A quick definition of abstraction-filtration-comparison test:

Abstraction-Filtration-Comparison Test: A way for judges to decide if two things are too similar and if one person copied the other. First, the judge looks at the thing that was copied and breaks it down into smaller parts. Then, the judge takes out any parts that can't be protected, like ideas or facts. Finally, the judge compares what's left to the thing that was copied to see if it's too similar. This test is usually used for computer programs, but it can be used for other things too.

A more thorough explanation:

The Abstraction-Filtration-Comparison Test is a legal test used to determine whether two works are substantially similar in an infringement case. It was created by the courts and involves three steps:

  1. Abstraction Test: The court breaks down the copyrighted work into its different levels of abstraction or generality.
  2. Filtration Test: The court examines each level of abstraction and removes any unprotectable elements such as ideas, processes, facts, public-domain information, and merger material.
  3. Comparison Test: The court compares the remaining core of protectable expression with the accused work to determine if there has been any misappropriation of substantial elements of the copyrighted work.

The Abstraction-Filtration-Comparison Test was first used in a case involving computer software, but it has since been applied to other types of works as well.

Suppose a musician creates a song and copyrights it. Another musician later creates a song that sounds very similar to the first song. The first musician could use the Abstraction-Filtration-Comparison Test to determine if the second song infringes on their copyright.

  1. Abstraction Test: The court breaks down the structure of the first song into its different levels of abstraction, such as melody, harmony, and lyrics.
  2. Filtration Test: The court examines each level of abstraction and removes any unprotectable elements, such as common chord progressions or basic song structures.
  3. Comparison Test: The court compares the remaining core of protectable expression with the second song to determine if there has been any misappropriation of substantial elements of the first song.

If the court finds that the second song has copied substantial elements of the first song's protectable expression, then it may be considered an infringement of the first musician's copyright.

abstraction | abstractions test

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
16:54
i hope you guys all have a very lovely holiday season
17:02
has everyone finished procuring their presents?
17:02
I got my sis a vintage leather jacket off ebay she’s gonna freak she only has fake stuff
hi all
CynicalOops
17:14
Ive been slacking so hard on tickets fawk
CynicalOops
17:14
Wait
CynicalOops
17:14
Presents
CynicalOops
17:14
Im just gonna get everyone tickets so thats why i said that
jackfrost11770
17:14
people are so stupid on the internet its crazy
CynicalOops
17:15
T5 soft
windyMagician
17:18
that and the post asking for low gpa success stories along with every other identifying detail
i should be a vtuber so i can finally realize my dream of becoming an anime girl
17:23
@CynicalOops: tickets to what?
CynicalOops
17:26
I got my brother tickets to a golf tournament and im going to get my mom ski lift tickets because she just moved near a ski resort
LSD+ is ad-free, with DMs, discounts, case briefs & more.