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Simple English definitions for legal terms

abstraction-filtration-comparison test

Read a random definition: loose construction

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

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shaquilleoatmeal
10:40
@JumpySubsequentDolphin: go buy this rn https://luckyironlife.com/?srsltid=AfmBOopcbDKFQGvh4KZ_nbX2zDqQNiXhVLGMqa27SRB-aW6oIepipKGz
another week without NYU DLS :(
PuppyBot
10:41
i am also vitamin d deficient its really common in more tan people
PuppyBot
10:41
i also have high cholesterol
GreyCeaselessMammoth
10:41
oh that's interesting, is your skin more resistant to the sun??
JumpySubsequentDolphin
10:42
@GreyCeaselessMammoth: there isn’t much sun here ☹️
10:42
shaq is rite, gotta stay on top if this shit.
PuppyBot
10:42
pigmentation reduces vitamin D production in the skin
JumpySubsequentDolphin
10:42
also yeah Arabs are like perpetually vit d deficient. we get those big bulk pill bottles for everyone in my family
GreyCeaselessMammoth
10:43
that's so interesting, i have a lot of arab family but i haven't heard of that
GreyCeaselessMammoth
10:43
i guess it makes sense
JumpySubsequentDolphin
10:43
@shaquilleoatmeal: I still think that would hurt my stomach
lilypadfrog
10:43
@shaquilleoatmeal: quarterly is crazy I haven’t gotten a physical in over three years
PuppyBot
10:43
median vitamin D intakes of American blacks are below recommended intakes in every age group, with or without the inclusion of vitamin D from supplements.
JumpySubsequentDolphin
10:43
@GreyCeaselessMammoth: NO WAY!! from where mammoth
GreyCeaselessMammoth
10:44
egypt! wa usratik mineyn?
indian people are also vitamin d deficient lolol
cumsock
10:44
i want a burgerrrrrrrrrr cheesy burger double patty bacon pickles
10:44
i am vitamin d deficient lol
PuppyBot
10:44
no pickles
JumpySubsequentDolphin
10:45
@GreyCeaselessMammoth: I LOVE EGYPTIAN ARABIC IT KILLS ME
JumpySubsequentDolphin
10:45
im palestinian
shaquilleoatmeal
10:45
@lilypadfrog: lmao, i get vo2 testing done at a lab and they offer it so i just do it. Also wtf havent u gotten a physical in so long?!
GreyCeaselessMammoth
10:45
JUMPYYYY we're neighbors!!
cumsock
10:45
what if ur irish and u are pale enough to reflect light does that mean ur deficient
@GreyCeaselessMammoth: i eat mostly whole foods now on my day to day and its the best
PuppyBot
10:45
maybe. i also burn. so i dont get how im deficient
GreyCeaselessMammoth
10:46
well i'm white but my stepdad is egyptian so i've been there a bunch and raised in a multi-gen egyptian household
10:47
Bio Chemistry is odd, some ppl just cannot absorb certain nutrients/vits. Like some calcium deficient ppl actually loose more calcium when they increase intake.
10:48
also some ppl are hyper sensitive to hormones/vit/nutrients.
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