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Simple English definitions for legal terms

abstraction-filtration-comparison test

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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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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